User Agreement
Last Update: 20 July 2024
This User Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and Elegantly Devious (“we”, “our” or “us”). By accessing or using www.elegantly-devious.co.za (the “website”), you agree to comply with and be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you must not use the Website.
1. Use of the Website
1.1 Eligibility: You must be at least 18 years old to use the Website. By using the Website, you represent and warrant that you meet this age requirement.
1.2 Account Registration: To access certain features of the Website, you may need to register for an account. You agree to provide accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.
1.3 License: Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website for your personal, non-commercial use.
2. Prohibited Conduct
2.1 You agree not to engage in any of the following prohibited activities:
- Violating any applicable law, regulation, or rule.
- Infringing the rights of any third party, including intellectual property, privacy, or publicity rights.
- Transmitting any material that is defamatory, offensive, or otherwise inappropriate.
- Engaging in any activity that could harm, disrupt, or impair the functioning of the Website.
3. Intellectual Property
3.1 Ownership: The Website and its entire contents, features, and functionality (including butn ot limited to all information, software, text, displays, images, video, and audio) are owned by Elegantly Devious, its licensors, or other providers of such material land are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 Trademarks: The Elegantly Devious name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of Elegantly Devious or its affiliates or licensors. You must not use such marks without the prior written permission of Elegantly Devious.
4. User Contributions
4.1 Responsibility: You are responisible for any content that you submit, post, or display on the Website ("User Contributions"). You grant us a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Contributions in connection with the Website and our business.
4.2 Prohibited Content: You agree not to post or submit any User Contributions that are unlawful, defamatory, obscene, harassing, or otherwise objectionable.
5. Disclaimers
5.1 No Warranty: The Website is provided on an "as is" and "as available" basis. We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. We disclaim all warranties, express or implied, including any warranties of accuracy, completeness, merchantability, fitness for a particular purpose, and non-infringement.
6. Limitation of Liability
6.1 Exclusion of Damages: In no event will Elegantly Devious, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Website
6.2 Cap on Liability: Our total liability to you for any claim arising out of or relating to this Agreement or the Website will not exceed the amount paid by you to Elegantly Devious, if any, in the past twelve months.
6.3 Refund to Buyer:
7. Indemnification
7.1 You agree to indemnify, defend, and hold harmless Elegantly Devious, its affiliated and their respective officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Website, your violation of the Agreement, or your User Contributions.