These terms of service ("Terms") are effective as of: 19 April "Effective Date"
Read these terms carefully before browsing the float platform. Your continued use of the float platform whether as a user (which incorporated a browser) ("A User", "You" or "Your") indicated that you have both read and accept these terms. You cannot use the float platform if you do not accept these terms. All sections of these terms are applicable to you unless the section expressly states otherwise. These terms shall operate in addition to any other more specific terms that might apply to a user. If there exists a conflict between these terms and the more specific terms applicable to a user, the more specific terms shall prevail to the extent of such inconsistency.
Introduction
These Terms will apply fully and affect a User’s use of Float’s proprietary software products (the “Float Platform”). By using the Float Platform, a User agrees to accept the Terms contained herein in full.
Should a User not agree to the Terms contained herein, a User must immediately desist from using the Float Platform.
Minors are not allowed to use the Float Platform.
Intellectual Property Rights
Float and/or Float’s licensors own all the intellectual property rights and materials as are contained on the Float Platform.
As such, we own all of Float’s material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, animations, trademarks, designs, copyright and service marks, organisation, user interface, layout, and software code.
The Float Platform is all legally protected against infringement and a User can’t copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any of it without our permission.
A User is granted a limited license only for purposes of utilising the Float Platform.
Restrictions
A User may not:
publish or mirror any of the Float Platform’s material in any media whatsoever;
use the Float Platform for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
take any action that may impose an unreasonable or disproportionately large load on the Float Platform’s infrastructure of any nature;
use the Float Platform in any manner would result in a User breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a User may owe to third parties;
conduct any activity which compromises or breaches any third-party’s patent rights, trademark, copyright or other intellectual property rights;
introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment of Float or affect the performance of the Float Platform;
engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the Float Platform;
use the Float Platform contrary to applicable laws and regulations, or in any way may cause harm to the Float Platform, or to any person or business entity;
use the Float Platform to engage in any advertising or marketing other than in a manner expressly permitted by the Float Platform;
crawl, spider or scrape the content of the Float Platform, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing the Float Platform; or
provide unauthorised interfaces to the Float Platform.
A User’s Content
In these Terms, “a User’s Content” shall mean any audio, video text, images or other material a User may choose to display on the Float Platform, if applicable. By displaying a User’s Content, a User grants Float non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
A User’s Content must be a User’s own and must not be invading any third-party’s rights. Float reserves the right to remove any of a User’s Content from the Float Platform at any time without notice.
Links to other Websites
The Float Platform may contain links or portals to other websites. Float has no control over websites operated by third parties and a User agrees that Float is not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.
No Warranties
The Float Platform is provided “as is,” with all faults, and Float express no representations or warranties, of any kind related to the Float Platform or the materials contained on the Float Platform.
We cannot guarantee Float Platform’s accuracy. Your information and opinions on the Float Platform don’t belong to us and we don’t necessarily support or guarantee their accuracy either.
Float cannot guarantee or warrant that any file downloaded from the Float Platform or delivered to a User will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to circumvent this type of issue.
Limitation of Liability and Indemnification
Unless provided elsewhere in more specific terms, in no event shall Float, or any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with a User’s use of the Float Platform whether or not such liability is under contract, delict or otherwise.
A User indemnifies Float and agrees to keep Float indemnified, from and against any claim, loss, damage, cost or expense that Float may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Float Platform, including any breach by a User of these terms or any applicable law or licensing requirements.
To the extent that Float’s liability cannot be excluded by law, Float’s maximum liability, whether in contract, equity, statute or tort (including negligence), to a User will be limited to the minimum amount imposed by such law.
Notwithstanding anything to the contrary in these Terms, in no circumstances will Float be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Float Platform of any type, whether in delict, contract or otherwise.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
To the extent permitted by law, Float is permitted to revise these Terms at any time as it sees fit, without prior notice to Users, and any revisions to the Terms will take effect when posted on the Float Platform and agreed to by a User, unless a later date is stated in the revised Terms. A User’s continued use of the Float Platform will be construed as a User’s consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of use. A User’s only remedy, should such User not agree to these amended Terms, is to stop the use of the Float Platform.
Assignment
Float is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, a User is not not allowed to assign, transfer, or subcontract any of its rights and/or obligations under these Terms.
Entire Agreement
These Terms constitute the entire agreement between Float and a User, unless other more specific terms have been agreed to, in relation to a User’s use of the Float Platform.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Republic of South Africa.