Terms of Use

Date Created: January 12, 2015

This Terms of Use document derives from the zibuza.net principles , and is our terms of service that governs our relationship with users and others who interact with zibuza.net. By using or accessing zibuza.net, you agree to this Statement, as updated from time to time in accordance with Section 11 below. Additionally, you will find resources in the Rewards Programme that will help you understand how zibuza.net works.

1. Privacy

Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use zibuza.net to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.

 

2. Sharing Your Content and Information

You own all of the content and information you post on zibuza.net, and you can control how it is shared through your privacy and settings. In addition:

1. For content that is covered by intellectual property rights, like photos, lesson plans and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with zibuza.net (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. By posting information on zibuza.net, you grant zibuza.net the license to publicly display, edit, and save the information in any way we deem appropriate. See below for details. The material on this site may be used for teaching and educational purposes only. Linking to our site is permitted, but under no circumstances may you copy and/or display elsewhere any information without written permission from the rightful owner of the material or from zibuza.net. Details below in 'User Content.'
4. When you use a 3rd party application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require 3rd party applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
5. When you publish content or information using the Public setting, it means that you are allowing everyone in the zibuza.net community to access and use that information, and to associate it with you (i.e. your name and profile picture).
6. We always appreciate your feedback or other suggestions about zibuza.net, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). Zibuza.net does however have a rewards programme that is designed to recognise and rewards teachers for your participation and contributions to the community, especially in the case where value is created. See the Rewards Programme Rules for a guide on the type of behaviours we are rewarding.

 

3. User Content
   1. User Content hereby refers to all information you add to your profile, including lessons, file uploads, and written text, as well as comments you post to others' files, lessons, or on the forums and in groups.
   2. You are solely responsible for your User Content and for the consequences of posting or publishing it. When adding User Content, you agree and affirm that (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Zibuza.net to use all patent, trademark, trade secret, copyright or other proprietary rights in and to be used in the manner described within these Terms of Service. (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner described by these Terms of Service. You retain all of your ownership rights in your User Content.
   3. However, by submitting User Content to Zibuza.net, you hereby grant Zibuza.net a non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Zibuza.net Website and its successor's business, including without limitation for promoting and redistributing part or all of the Zibuza.net Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Zibuza.net Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display, download your User Content as permitted through the functionality of the Website and under these Terms of Service.
   4. Further, you 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 Zibuza.net all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Zibuza.net or any third party; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, 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 without explicit written consent from Zibuza.net: (v) impersonate another person.
   5. Zibuza.net does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Zibuza.net expressly disclaims any and all liability in connection with User Content. Zibuza.net does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Zibuza.net will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. Zibuza.net reserves the right to remove User Content without prior notice. Zibuza.net will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Content removed from the Website more than twice. Zibuza.net also reserves the right to decide whether User 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, pornography, obscene or defamatory material, or excessive length. Zibuza.net may remove such User Content 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.

 

4. Copyright
   1. If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ('DMCA') by providing us with the following information in writing:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. 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 at that site;
      3. 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;
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      5. A statement that you have 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
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

5. Safety

We do our best to keep zibuza.net safe, but we cannot guarantee it. Zibuza.net is not obligated to monitor the content nor control the content that users of the site may upload and post. As such, we are not responsible for inappropriate or offending material, but you are encouraged to report such abuses. We need your help to keep the community safe, which includes the following commitments by you:

1. You will not post unauthorized commercial communications (such as spam) on zibuza.net.
2. You will not collect users' content or information, or otherwise access zibuza.net, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on zibuza.net.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without prior permission.
9. You will not use Zibuza.net to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Zibuza.net, such as a denial of service attack or interference with page rendering or other Zibuza.net functionality.
11. You will not facilitate or encourage any violations of this Statement or our policies.

 

6. Registration and Account Security

Zibuza.net users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not provide any false personal information on Zibuza.net, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your account primarily for your own commercial or financial gain.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account (including any Group you administer) to anyone without first getting our written permission.

 

7. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

1. You will not post content or take any action on Zibuza.net that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on Zibuza.net if we believe that it violates this Statement or our policies.
3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5. You will not use our copyrights or trademarks (including Zibuza.net, the Zibuza.net logo), or any confusingly similar marks, except as expressly permitted by with our written permission.
6. If you collect information from users, you will: obtain their consent, make it clear you (and not Zibuza.net) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

 

8. Mobile and Other Devices
   1. We currently provide zibuza.net services via any internet browser, please be aware that your carrier's normal rates and fees, such as text messaging and data charges apply.
   2. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Zibuza.net.

 

9. About Sponsored Posts and Other Commercial Content Served or Enhanced by Zibuza.net

Our goal is to deliver sponsored content that is valuable to our users and focused on Education. In order to help us do that, you agree to the following:

1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand or organisation you like) served or enhanced by us. This means, for example, that you permit an organisation or other entity to pay us to display content on your News Feed, without any compensation to you. If you have selected to hide of block specific content or information from your News Feed, we will respect your choice when we use it.
2. We do not give your content or information to organisations without your consent.
3. You understand that we may not always identify paid services and communications as such.

 

10. Special Provisions Applicable to Software
    1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
    2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

 

11. Amendments
    1. Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days’ notice (for example, by sending out an email) and an opportunity to comment on changes to this Statement.
    2. If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on a member’s News Feed.
    3. Your continued use of Zibuza.net following changes to our terms constitutes your acceptance of our amended terms.

 

12. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Zibuza.net to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

 

13. Disputes
    1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Zibuza.net exclusively in the Republic of South Africa, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the Witwatersrand High Court will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
    2. If anyone brings a claim against us related to your actions, content or information on Zibuza.net, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Zibuza.net and are not responsible for the content or information users transmit or share on Zibuza.net. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Zibuza.net. We are not responsible for the conduct, whether online or offline, or any user of Zibuza.net.
    3. Indemnity. We try to keep zibuza.net up, bug-free, and safe, but you use it at your own risk. We are providing zibuza.net as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that zibuza.net will always be safe, secure or error-free or that zibuza.net will always function without disruptions, delays or imperfections. Zibuza.net is not responsible for the actions, content, information or data of third parties, and you agree to defend, indemnify and hold harmless Zibuza.net, its 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 Zibuza.net Website; (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 your User Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Zibuza.net Website.

 

14. Definitions
    1. By "Zibuza.net" we mean the features and services we make available, including through (a) our website at www.zibuza.net and any other Zibuza.net branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Comment button and other similar offerings and (d) other media, software (such as the App Store), devices, or networks now existing or later developed.
    2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Zibuza.net or provide data to us.
    3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Zibuza.net.
    4. By "content" we mean anything you or other users post on Zibuza.net that would not be included in the definition of information.
    5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Zibuza.net or provide to Zibuza.net through Platform.
    6. By "post" we mean post on Zibuza.net or otherwise make available by using Zibuza.net.
    7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    8. By "active registered user" we mean a user who has logged into Zibuza.net at least once in the previous 30 days.
    9. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

 

15. Other
    1. This Statement makes up the entire agreement between the parties regarding Zibuza.net, and supersedes any prior agreements.
    2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    3. If we fail to enforce any of this Statement, it will not be considered a waiver.
    4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    7. Nothing in this Statement shall prevent us from complying with the law.
    8. This Statement does not confer any third party beneficiary rights.
    9. We reserve all rights not expressly granted to you.
    10. You will comply with all applicable laws when using or accessing Zibuza.net.