THE FOLLOWING DECRIBES THE TERMS AND CONDITIONS ON WHICH SUNDAYZ (“Sundayz”, “Sundayz.com”, “we”, “our”, or “us”) PROFFERS YOU (“you”, “your”) ACCESS TO THE SUNDAYZ.COM WEBSITE, MOBILE APP AND SERVICES.
Version 1 (September 16th, 2016)
Welcome to Sundayz.com.
From time to time we may update and/or amend the Agreement. In such cases we will notify you via the email you provided at registration. In such an instance the following time you visit the platform you will be required to accept the revised Agreement prior to access.
The most recent revision of the Agreement supersedes all earlier Versions & Revisions and makes up the entire agreement between you and Sundayz.com. By using the Platform you agree to the most recent Version & Revisions on the agreement. If you do not agree to any of the provisions as laid out in this Agreement you should not use the platform.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Platform, including without limitation your participation in or involvement with any Events and/or Activities found and/or joined through Sundayz.com.
You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside or of your current location. Whichever may be applicable at the time of transmission of such data.
Sundayz.com is open to all approved members using the platform in compliance with the Agreement. Note that additional eligibility for certain events and/or activities may be restricted by law or otherwise. (See: Liability). The platform is not available to suspended members or persons who for whatever reason or reasons have been otherwise banned from using the Platform.
We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.
2.2 Passwords and Security
Upon Platform registration you are required to create/provide a password that will enable you to gain access to the Platform. You agree to maintain the confidentiality of your password. You are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to notify us immediately of any unauthorized use of your password or any other breach of security. You agree that Sundayz cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.2.
3. FEES AND PAYMENT
Under Version 1 of the Agreement (dated 29/03/2016) all services and tools provided by the Platform are currently available for free to all members. (“Free” in this case being defined as “no exchange of monies” between Sundayz and it’s members).
At some point we may charge fees for various premium features and services that we offer and reserve the right to do so. We will notify you of those changes to our Fees and Payment Policy at the time that these changes are made. We may, in our sole discretion, and by notifying you on our website and/or by email, change this policy and begin charging for access to our platform and/or its features, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time.
We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.).
Sundayz.com reserves the right to charge entrance fees for any promotional event hosted by Sundayz.
3.2 Fees Assessed and or charged by Organisers or Creators or Hosts; Payments to Organizers or Creators or Hosts.
Some Event and Activity Organisers or Creators or Hosts may request a monetary fee from members in order to attend an Event or Activity. This is an agreement entered into by the Event/Activity Organisers or Creators or Hosts and the member. Sundayz takes no responsibility whatsoever with regards to the establishment, payment or non-payment of these fees and all disputes arising from and/or related to such fees shall be conducted off-site (Not on the Platform). You are expected to use common sense and your discretion in determining the legitimacy of fees, which may be charged for certain Events and Activities. You hereby release Sundayz from any and all liabilities related to such fees and disputes. Sundayz cannot guarantee the quality of events posted on the site nor can it attest for the truthfulness or honesty of Organisers or Creators or Hosts. If you are dissatisfied with an event it may be in the best interest of yourself the Organisers or Creators or Hosts of the event or activity and that of fellow site members to inform the Organisers or Creators or Hosts in the view of helping to improve future experiences.
3.3 Third-party Payment Links
Sundayz offers the option for Event/Activity Organisers or Creators or Hosts to include a link to third party payment sites/ticketing sites where members can purchase tickets for such events. In such cases any disputes and/or dispute resolutions pertaining to such transactions shall be governed by the Policies of the respective third party site.
4. YOUR INFORMATION
4.1 Consent to Disclosure.
You acknowledge and agree that Sundayz may disclose Your Information (as defined in Section 4/4.2) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of Sundayz, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
"Your Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process for an Event or Activity, or through the use of our Platform, in any public message or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).
Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as "Public Information" (your name [if provided] and location are considered Public Information); any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.
You should understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs, as may be the case on any other platform.
4.3 Location Services
In consideration of your use of our Platform, you agree that Your Information:
(a) shall not be fraudulent;
(b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(c) shall not violate any law, statute, ordinance or regulation;
(d) shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
(e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
(f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.
4.6 Restriction on Use of Your Information.
5. USE OF PLATFORM
You, and not Sundayz, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will Sundayz its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.
5.2 API License.
Sundayz does not grant any entity or individual private or commercial license to use any application programming interface ("API") created by Sundayz that Sundayz makes or may make available via the Platform for the purpose of integrating or making available Public Information on another web site. Unless written consent is provided by Sundayz for such use. In such a case where permission is granted for the above this agreement will expire after 30 day from date of entrance in to the aforementioned agreement at which point all rights will be retracted unless otherwise agreed upon in writing. Sundayz reserves all rights not expressly granted under this Agreement.
5.3 Grounds for Removal, Sanction and/or Suspension.
Not withstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:
(a) The use of our Platform to (including, without limitation, eligibility requirements):
(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform;
(ii) impersonate any person or entity (including Sundayz, Sundayz staff and other members), or falsely state or otherwise misrepresent yourself or your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
(iii) disguise the origin of any Public Information that is transmitted to any third party;
(iv) "stalk" or otherwise harass another;
(v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of the Event or Activity or Sundayz in general.
(vi) resell Public Information or access to Public Information;
or (vii) collect or store personal data about other users;
(b) Posting any Public Information or other material:
(i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libellous, invasive of another's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
(ii) that is obscene, pornographic or adult in nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
(vi) that is inappropriate, posted in bad faith, or contrary to the spirit of Sundayz or any Events and/or Activities found on the Sundayz Platform
(vii) that uses the Platform primarily as a lead generator or listing service for another website;
(c) Encouraging others to violate this Agreement;
(d) Refusing to follow Sundayz staff instruction or direction;
(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;
(f) Disclose the Private Information of any member of Sundayz.com without the permission of that member; or
(g) Transmit money to Sundayz or any Organizer or Creator or Host through financial accounts that are stolen, fraudulent or otherwise unauthorized.
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. Sundayz reserves the right to remove any post or other material without warning or further notice.
While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform and attend Events and Activities at your own risk.
For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, Sundayz and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.
5.4 Interference with Platform.
You agree that you will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Sundayz or any other third party, except with the prior written consent of Sundayz or the appropriate third party.
5.5 General Practices Regarding Use of Platform.
You acknowledge and agree that we may establish general practices and limits concerning the use of our Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
6.1 Events and Activities (Gatherings).
Through our Platform we provide tools that enable our users to arrange Events and Activities which may involve physically interacting with others at venues that include, but are not limited to, public parks, on/in the ocean private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these Events and/or Activities and are not involved in any way with the actions of any individuals at these gatherings. As a result, we have no control over the identity or actions of the individuals who are present at these gatherings, and we request that our users exercise caution and good judgment when attending these gatherings.
Because we do not supervise or control the Events or/and Activities or interactions among or between members of these gatherings and other persons or companies, and because we are not involved in any way with physical transportation to or from of these gatherings or with the actions of any individuals at these gatherings, and because we do not control any payment processing companies, and because we cannot guarantee the true identity, age, fees or nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Organizers and Creators or Hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, your resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at any and all Gatherings found directly or indirectly on or through the Sundayz Platform. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
7. COMMUNICATIONS FROM SUNDAYZ AND MEMBERS OF THE SUNDAYZ COMMUNITY
7.1 Sundayz Communications.
You understand that certain communications, such as Sundayz service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you or your Events and/or Activities are part of our Platform. By using our Platform, you expressly agree to receive such communications from Sundayz. You may manage your subscriptions to Sundayz communications under Settings > “Communication Preferences” however, some basic communications are a necessary part of our Platform and may not be disabled.
7.2 Communications with Members of the Sundayz Community.
7.2.1 The Organiser’s or Creator’s or Host’s of an Event or Activity.
By joining an Event or Activity found on the Sundayz Platform, you understand and agree that you may receive communication from your Organizer or Creator or Host in the normal course of utilizing our Platform. The Event or Activity Organiser’s or Creator’s or Host’s may communicate with you by posting messages onto the Event and Activity message boards or via the Sundayz Messager service. You may be notified of the existence of such communications by email.
7.2.2 Event Attendees.
You may receive messages from other attendees of the active Events and Activities you join by posting messages on the Event and Activity message boards or via the Sundayz Messager service. You may be notified of the existence of such communications by email.
7.2.3 Communication preference settings.
Communication preference settings may be managed in the under Settings.
7.2.4 Event and Activity Hosts.
If you are an Organizer or Creator or Host, you agree to receive messages from individual members of the Events and Activities that you are the Organizer or Creator or Host of.
7.3 Event and Activity Organizer or Creator or Host Responsibilities and Authority.
You understand that the Organizer or Creator or Host of an Event or Activity of which you are an attendee has the right, in his or her sole discretion, to temporarily suspend, indefinitely suspend or terminate your membership in his or her Event or Activity, limit or set eligibility requirements for their Event and Activity attendees, and to temporarily or permanently remove any content or information that you have posted on such Event or Activity Message Boards. Please be aware that Organizer’s or Creator’s or Host’s are: (a) not Sundayz representative or agent, and therefore a Organizer or Creator or Host may not enter into contractual relations or obligations on Sundayz behalf; (b) not entitled to enter into contractual relations or obligations on behalf of specific Event or Activity attendee unless expressly agreed by those attendee’s; and (c) acting independently, and therefore no contractual relationship or obligation arises between Organizer or Creator or Host and an Event or Activity attendee unless otherwise agreed.
7.4 Use of Pop-up Windows.
Sundayz will not use pop-up windows to advertise third-party products or services.
7.5 Other Users.
We do not control the information provided by other users, which is made available through our system. You may find other users' information to be harmful, offensive, inaccurate or deceptive. Please exercise caution and common sense when using our Platform. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.
7.6 Flag Abuse
If you find any content offensive you may notify us by using the “Flag Abuse” button. We will investigate the issue and take action as we deem appropriate or as may be required by applicable law. We may contact you by email for further information.
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that Sundayz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
10. INTERACTIONS & DEALINGS WITH THIRD PARTIES AND MARKETING PARTNERS
Your interactions or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that Sundayz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.
You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, Your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, Your participation in an Event or Activity found on the Sundayz website, or your participation as an Organizer or Creator or Host of any Event or Activity found on the Platform (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, participation or the actions of yourself or other users at these Events and Activities. Without limiting the foregoing, you, as an Organizer or Creator or Host, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any Event or Activity attendee or Sundayz.com member or user or third party due to or arising out of your actions as an Organizer or Creator or Host, including your use of money paid to you by members of your Event or Activity.
12. LIABILITY; WARRANTIES
12.1 The Organiser’s or Creator’s or Host’s of an Event or Activity.
12.2 Responsibilities of and Between Event & Activity Organiser’s or Creator’s or Host’s and Attendees
When Joining an Event or Activity you shall use your common sense and discretion in determining weather you are eligible for the Event or Activity. If you are unsure you may check this with the Event or Activity Host. Note that this does not under any circumstances pass undue responsibility for your safety and/or well being on to the Event or Activity Organizer or Creator or Host and by accepting the terms and conditions set forth in this agreement you understand that the responsibility for your overall safety and well being lies solely with you.
12.2 Limitation of Liability.
You agree that in no event shall Sundayz be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sundayz has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) $100 (USD).
12.3 Personal loss, Injury or death.
By accepting the terms and conditions set out in this Agreement you agree that in no event shall Sundayz be liable for any personal loss, injury or death to Organiser’s or Creator’s or Host’s or Attendee’s of any Event and/or Activity which may occur while traveling to or from or attending or participating in an Event or Activity found or, which may be found on the Sundayz Platform.
12.4 Misrepresentation resulting in Injury, death or loss.
Upon Organising, Creating, Hosting or Joining an Event or Activity found on the Platform you represent and warrant that you meet all requirements set forth by the Event or Activity Host, legal or otherwise. Any loss, injury and/or death to person and/or property resulting from misrepresentation are solely the responsibility of the misrepresenter.
12.4 Disclaimer of Warranties.
12.4.1Use of Platform
Your use of our Platform is at solely at your own risk. Our Platform is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform.
In addition, no advice or information (oral or written) obtained by you from us shall create any warranty.
You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 12 may not apply to you.
13. DISPUTE RESOLUTION
The parties will attempt to resolve through negotiation and in good faith, any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, Your use of our Platform, Your Information, your violation of any law or the rights of a third party, or your participation in any Event or Activity found on the Platform (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at any Event or Activity found or, which may be found on the Sundayz Platform).
In the event that the dispute, claim or controversy is not resolved through these negotiations, the matter will be submitted to Association of Independent Mediators. (a.k.a. "AIM"), or its successor, for mediation pursuant to Section 13.3, and if the matter is not resolved through mediation, then it shall be submitted to AIM, or its successor, for final and binding arbitration pursuant to Section 13.4. Nonetheless, legal action taken by Sundayz to collect any fees and/or recover damages for, or obtain an injunction relating to, our website operations, intellectual property or our Platform, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by Sundayz. In addition, either you or Sundayz may seek any interim or preliminary relief from a Court of competent jurisdiction in Cape Town, South Africa necessary to protect the rights or property of you or Sundayz pending the completion of arbitration.
Either party may initiate negotiations by providing written notice in letterform to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
Either party may commence mediation by providing to AIM and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with AIM and with one another in selecting a mediator from AIM's panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any AIM employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.
The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by negotiation or mediation under Sections 13.2 and 13.3 shall be submitted to final and binding arbitration before AIM, or its successor, pursuant to the South African Arbitration Act 1965 (Act No. 42 of 1965). Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with AIM, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of AIM's Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with AIM and with one another in selecting an arbitrator from AIM's panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.
The provisions of Sections 13.3 and 13.4 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
13.6 Notice; Waiver.
By agreeing to this Agreement you have, except as otherwise specified in Section 13.1, all disputes, claims or controversies arising out of or relating to this Agreement decided by negotiation, neutral mediation and/or neutral arbitration as provided in this Section 13, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.
13.7 Dispute Resolution assistance By Sundayz for the Benefit of Users.
Sundayz may offer advice and recommendations under the guidance of this Agreement in aid of dispute resolution between parties, however Sundayz is not under any circumstances, obligated to assist in a dispute resolution process and do so at our sole discretion and will not make judgments regarding legal issues or claims
13.8 Dispute communications
All Communications related to disputes between parties shall take place off site, i.e. not on the Sundayz Platform.
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without warning. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.
15. TERMINATION; BREACH
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular Sundayz Event or Activity member or Organizer or Creator or Host, or your ability to use all or any portion of our Platform (including any APIs), for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements or policies it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform. Termination or suspension of your use of our Platform in violation of Section 4.4 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.
16. TRADEMARKS; COPYRIGHTS; PROPRIETARY RIGHTS
16.1 Sundayz’s Trademarks.
Sundayz trademarks and service marks, and other Sundayz logos, products and service names, are trademarks of Sundayz.com. (the "Sundayz Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the Sundayz Trademarks without Sundayz's prior written consent.
16.2 Copyrights and Trademarks of Others.
Sundayz respects the intellectual property of others, and we ask our users to do the same. To the extent Sundayz uses a trademark that is the property of a third party, Sundayz shall provide clear notice to anyone viewing Sundayz's use of that trademark that (a) Sundayz does not own the trademark and that the trademark is the property of a third party, (b) Sundayz has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored Sundayz's use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: email@example.com
16.3 Proprietary Rights.
You acknowledge and agree that our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by Sundayz or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part.
17. NO RESALE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Sundayz’s Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the Event or Activity found on the Sundayz Platform.
18. ADDITIONAL TERMS
Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be emailed to firstname.lastname@example.org and a physical address will be provided to which the original document can be sent by certified postal mail. Any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
18.2 Entire Agreement.
This Agreement constitutes the entire agreement between you and Sundayz, superseding any prior agreements between you and Sundayz. To the extent that you have previously registered with Sundayz and provided Your Information, this Agreement now governs how Sundayz may use Your Information, whether provided in the past or the future.
18.3 No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Sundayz is intended or created by this Agreement.
18.4 Governing Law.
Except as expressly provided in this Section, (a) this Agreement and the relationship between you and Sundayz shall be governed by the laws of South Africa without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Cape Town between Cape Town residents, and (b) you and Sundayz agree to submit to the personal and exclusive jurisdiction of the courts located within Cape Town, South Africa.
You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by Sundayz, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Sundayz's assets, or similar transaction.
18.6 No Guaranty.
We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our website may be interfered with by numerous factors outside of our control.
18.7 No Waiver.
Sundayz's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Sundayz nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
Sections 3.2 (Fees Assessed by Organizers; Payments to Organizers), 3.3(Third party payment links) 4.4 (License), 5.4 (Interference with Platform), 6.2 (Release), 11 (Indemnity), 12 (Liabilities; Warranties), 13 (Dispute Resolution) and 18.4 (Governing Law) shall survive any termination or expiration of this Agreement.
You and Sundayz each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
18.11 Titles. The section titles in this Agreement are for the sake convenience only and have no legal or contractual consequence.
19. VIOLATIONS AND DISCLOSURES
Any violation of this Agreement can be reported to support@Sundayz.com.
By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement, including Section 13 which provides that, except as otherwise specified in Section 13.1, all disputes, claims or controversies arising out of or relating to this Agreement shall first be dealt with through negotiation and mediation and if the dispute is not resolved shall then be submitted to binding, neutral arbitration.