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In order to use the Beach Religion website, you are required to agree to these terms and conditions.

Registration and Personal Information

You represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Beach Religion website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, it is your responsibility to update your information as soon as possible, in particular to avoid missing out on any prizes that may be offered to you.

You agree that you shall not register with Beach Religion more than once, under more than one name or using more than one email address. Where you register on behalf of any other person or interact with the Beach Religion website on another person’s behalf, you warrant that you have that person’s full written permission and consent to do so.

If we suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated these terms and conditions, your account may be subject to suspension or termination, and you may be barred from logging into the Beach Religion Website without prior notice.
We agree not to disclose your personal information to any other person without your express consent. We also agree to institute appropriate technological and other safeguards to prevent the unauthorised disclosure of your personal information.

Competitions

From time to time, Beach Religion will run competitions via its website. It is your responsibility to familiarise yourself with the prizes on offer and the terms and conditions relating to any specific competition, including the closing dates for the submission of entries and the date on which the results of the competition will be determined and the method for notifying prize winners of the results. When you participate in any Beach Religion competition, you represent that you legally entitled to receive the prizes on offer and you agree to be bound by the competition rules as supplemented by these terms and conditions.’

Your participation in competitions runs by Beach Religion does not guarantee you any form of prize or remuneration whatsoever.

Persons who are directors, members, partners, employees, agents of or consultants to Beach Religion shall not be eligible to receive any prizes.
You agree that if you become entitled to receive a prize from Beach Religion or any of its prize sponsors, you will participate promptly in any reasonable promotional activities requested of you by Beach Religion or its sponsors including, but not limited to, the publication and disclosure your status as a prize winner, the use of your name and photographs and recordings of you on the Beach Religion or any prize sponsor’s website or other media platforms for an unlimited period and without compensation. Your failure to comply with any reasonable request made of you in terms of this paragraph may, in addition to any other legal remedies available to Beach Religion, render you liable to disqualification from any competition and shall oblige you to forgo or return any prize offered or awarded to you.
Beach Religion reserves the right to disqualify any participants caught or expected of cheating, i.e. Voting scams.

Beach Religion shall retain full control over the award of prizes. No correspondence shall be entered into regarding the results of any competition and Beach Religion shall not be obliged to release detailed voting results to any person.

Intellectual Property Rights

You warrant to Beach Religion that any design or other form of intellectual property that you upload, submit or otherwise deliver to Beach Religion, including as an entry into any competition, is your sole and exclusive intellectual property and that you have the legal right and all necessary consents and permissions to enable you to do so.

You agree that where you upload, submit or otherwise deliver any design or other form of intellectual property to Beach Religion, including your designer profile, any designs that you enter into any competition and your own descriptions thereof, you hereby irrevocably agree to the publication thereof on the Beach Religion website and you furthermore agree to assign and make over any and all intellectual property and commercial exploitation rights in and to any such designs or other forms of intellectual property to Beach Religion on a royalty free basis and to sign and execute all such documentation as Beach Religion may require to give full practical meaning and legal effect to the provisions of this paragraph. You agree that you shall have no claim against Beach Religion or any of its owners, directors, employees, agents or service providers, now or at any point in future, for any intellectual property royalties or other forms of compensation whatsoever, including where Beach Religion chooses to exploit any such designs or intellectual property in any format and for any purpose whatsoever.

You furthermore agree to hold Beach Religion harmless and indemnify Beach Religion fully against any claim made against it by any third party, including any designer or intellectual property rights holder, as a result of your submission of any design or content that you do not own all of the intellectual property and commercial exploitation rights to.

Acceptable Use

You agree not to use the Beach Religion website for any unlawful purpose or to upload or submit any designs or content which may offend on grounds of race, gender, belief, sexual orientation, language, culture or ethnicity or which may be likely to constitute incitement to perpetrate violence or commit physical, emotional or economic harm.

You further agree not to upload or deliver to Beach Religion or any of its service providers any files or other forms of electronic data which consists of viruses, worms, Trojan Horses, monitoring software or other forms of malicious code and you agree to take all reasonable technical steps and processes to ensure your practical compliance with the requirements of this clause.

LIMITATION OF LIABILITY, WARRANTEES AND INDEMNITIES

Beach Religion services are provided “as is” and are subject to change at any time without notice to you. The Beach Religion website has not been designed to meet any person’s specific requirements or purpose. It is your sole responsibility to satisfy yourself prior to entering into this agreement with Beach Religion that the services available from and through the website will meet your requirements and be compatible with your own hardware and software.

Use of the Beach Religion website and any content, including forms and design templates, downloaded from the Beach Religion website shall be at your sole and exclusive risk.

YOU INDEMNIFY AND HOLD Beach Religion HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND OTHER LOSSES THAT IT MAY SUFFER AS A RESULT OF BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY YOU OR AS A RESULT OF YOUR NEGLIGENT OR INTENTIONAL ACTIONS AND OMISSIONS INCLUDING ANY TRANSGRESSION OF THESE TERMS AND CONDITIONS.
Beach Religion SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES OR LIABILITIES OF ANY KIND WHATSOEVER ARISING FROM THE USE OR INABILITY TO USE THE Beach Religion WEBSITE OR THE SERVICES OR CONTENT PROVIDED FROM AND THROUGH THE WEBSITE. FURTHERMORE, Beach Religion MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR OTHERWISE, THAT, AMONGST OTHERS, THE CONTENT AND TECHNOLOGY AVAILABLE FROM THE WEBSITE SHALL BE FREE FROM ERRORS OR OMISSIONS OR THAT THE SERVICE WILL BE 100% UNINTERRUPTED AND ERROR FREE.

To the fullest extent permitted by law, Beach Religion disclaims all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the Beach Religion website and services.

You indemnify and hold Beach Religion harmless against all damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by you that constitutes a breach or contravention of any legislation, regulation, code of conduct or contract.

You further indemnify and hold Beach Religion harmless against any claims, actions or damages that you may suffer as a result of the fraudulent or unauthorised use of your Beach Religion website username and password or the loss thereof.

Beach Religion shall not be liable to you in any circumstances for any indirect, contingent or consequential loss (including, but without being limited to, loss of revenue, loss of business or loss of profits) sustained or incurred by you, howsoever arising.

The provisions of this section specify the entire liability of Beach Religion whether arising in contract, delict or otherwise and shall survive termination of this agreement for any reason.

Notices

You agree that any notice or communication that Beach Religion may be required to give to you may be given by means of electronic mail sent to the address that you supply at the time of your registration with Beach Religion.

General Terms

Save where expressly indicated to the contrary, all content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are either the property of or licensed to Beach Religion and are protected from infringement by domestic and international legislation and treaties. Subject to the rights expressly conferred herein, all other rights to all intellectual property on this site are expressly reserved.

Any third party site may link to the Beach Religion web site provided that such a link is directed at the home page only, unless with the prior written consent of Beach Religion. Beach Religion may provide links to other websites as a convenience and the inclusion of any link does not imply Beach Religion’s endorsement of such sites. Beach Religion shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site. It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of Beach Religion. Apart from bona-fide search engine operators and use of any search facility provided on the Beach Religion website, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Beach Religion website for any purpose whatsoever, without the prior written consent of Beach Religion. The use of non-malicious search technology, such as ‘web-crawlers’ or ‘web-spiders’, to search and gain information from this web site is not permitted if such technology will result in slowing down this web site’s server or copyright infringement of any data and information available from this web site. E-mail addresses, names, telephone numbers and fax numbers published on the Beach Religion website may not be used for electronic marketing purposes.

Where you choose to communicate with Beach Religion by means of any communication channel accessible via the Beach Religion website, including voice over Internet protocol, instant messaging and electronic mail, you agree, subject to the provisions of the any applicable law, to Beach Religion’s right to intercept, block, filter, read, store and delete all such communications.

Governing Law and Interpretation

These terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Each provision of these terms and conditions shall be severable and separately enforceable from the others. Any dispute arising between you and Beach Religion arising out of or in respect of these terms and conditions shall be determined in South Africa, firstly by having recourse to mediation and, in the event that such dispute is not resolved within 21 days of either party requesting the other to submit to mediation, then by means of arbitration in Cape Town in accordance with the rules and procedures of the Arbitration Foundation of South Africa. The provisions of this paragraph shall not operate to deprive either party of its right to institute proceedings for urgent injunctive relief in a court of competent jurisdiction in the Republic of South Africa.