Terms and Conditions

[based on the Terms and Conditions of the Open Society Initiative (OSI), New York, available at http://www.soros.org/about_site/terms ].

The following Terms and Conditions govern the use of the Website of the Open Society Initiative for Southern Africa (OSISA), hereinafter referred to as “OSISA's Website" or "this site").

By visiting OSISA's Website, you specifically and automatically agree to abide by these Terms and Conditions. OSISA reserves the right to modify these Terms and Conditions at any time. Your continued use of this site following the posting of any changes to these Terms and Conditions shall mean that you have accepted the changes in their entirety.

All materials are provided “as is” without warranties of any kind. If you are dissatisfied with any part of this site or with these terms and conditions, your sole and exclusive remedy is to discontinue using the site.

Use of Materials on this Site

In keeping with OSISA’s goals and mission, it is OSISA’s policy to encourage the free use of the materials posted on this Website, subject to certain conditions. Please read our Copyright Notice for further details.

The name “Open Society Initiative for Southern Africa,” the swirl logo, and all related indicia are the trademarked properties of the OSISA, and in no event may they be reproduced separately from the textual content associated with them on this Website.

Security

OSISA works to maintain the privacy of any personally identifiable information (name, mailing address, email address, etc.) that may be collected though our Website (see our Privacy Policy for details). Please note, however, that, though the OSISA Website has security measures in place, OSISA does not represent, warrant, or guarantee that personal information will be protected against unauthorised access, loss, misuse, or alterations. Similarly, OSISA disclaims liability for personal information submitted through the OSISA Website. Users are hereby advised that they submit such personal information at their own risk.

External Links

OSISA’s Website includes temporary and permanent links to other Websites. OSISA hereby disclaims responsibility for the privacy and security practices of non-OSISA Websites, specifically including those maintained by individual Soros Foundations, or for the nature of the content contained therein.

Links to non-OSISA Websites do not constitute endorsement of those Websites by OSISA.

Discussion Boards and Online Forums

The information and opinions expressed in materials posted by visitors on discussion boards, lists, or other similar venues of the OSISA Website (“Forums”) are not necessarily those of OSISA or its affiliates. OSISA makes no representations or warranties regarding such posted materials and does not monitor, control, or accept liability for any information posted to any Forums.

OSISA forums are public, not private communications. Therefore, any personal information you voluntarily disclose can be collected and used by others and may result in unsolicited messages. OSISA specifically disclaims responsibility for such third party usage of any information posted to any Forums.

By entering this Website or participating in or posting to any forum, you represent and warrant to OSISA the following: That, for good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Website or your participation in or posting to any forum, you shall not submit, upload or post to any forum any text, graphic material, or other information or data (singly or collectively, “content”) that (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (2) infringes any intellectual property or other right of any person or entity, including, but not limited to, infringement of copyrights or trademarks; (3) falsifies or deletes author attributions, legal notices, or other proprietary designations; (4) violates any law; (5) contains viruses, corrupted files, or other materials that may cause damage to another's computer; or (6) advertises or otherwise solicits funds or sales of goods or services.

By posting any content on any forum, you agree to indemnify and hold harmless OSISA and its current and former trustees, officers, staff, consultants, and agents, if any, from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses, or amounts, of any kind or nature whatsoever, including, without limitation, attorneys' fees, arising or resulting from or in connection with your breach of the foregoing representations and warranties to OSISA.

By posting content on a forum, you acknowledge and agree that you thereby grant to OSISA a perpetual, royalty-free, irrevocable, and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute the posted content or incorporate the posted content into any form, medium, or technology now known or later developed for any purpose, including, without limitation, advertising and promotion, and that you thereby waive all "moral rights" with respect to the posted content.

Release and Indemnity

For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Website or by participation in or posting to any forum, you hereby agree to release and waive any and all claims and/ or liability against OSISA, and its current and former trustees, officers, staff, consultants, and agents, arising from or in connection with your use of OSISA's Website. You also agree to indemnify and hold harmless OSISA, and its current and former trustees, officers, staff, consultants, and agents, from and against any and all actual or potential costs, fees, damages, assessments, penalties, sums, or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising from or in connection with your use of OSISA's Website or failure to abide by applicable law.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from these Terms and Conditions shall be finally resolved by the courts of the Republic of South Africa. Venue of any court proceeding related thereto shall lie exclusively within the City of Johannesburg.