You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Have You Seen This (PTY) Ltd Services is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with Have You Seen This (PTY) Ltd and are not a person barred from receiving services under the laws of South Africa or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations

The Services that  Have You Seen This (PTY) Ltd provides are always evolving and the form and nature of the Services that  Have You Seen This (PTY) Ltd provides may change from time to time without prior notice to you. In addition,  Have You Seen This (PTY) Ltd  may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by  Have You Seen This (PTY) Ltd on the Services are subject to change. In consideration for  Have You Seen This  granting you access to and use of the Services, you agree that  Have You Seen This (PTY) Ltd and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

General Conditions

  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  3. We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  5. We reserve the right to force forfeiture of any username for any reason.

We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

  1. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Have You Seen This (PTY) Ltd is not responsible or liable for the conduct of any user. Have You Seen This (PTY) Ltd reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  2. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Have You Seen This (PTY) Ltd does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Have You Seen This (PTY) Ltd is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Have You Seen This (PTY) Ltd has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Have You Seen This (PTY) Ltd Parties (defined below) harmless for activity related to the Application.
  3. You agree that you are responsible for all data charges you incur through use of the Service.
  4. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and their content (except as may be the result of standard search engine protocols or technologies used by a search engine with Have You Seen This (PTY) Ltd’s express consent).
  5. Sellers of Goods and Services: If you buy goods or services through our Services, we may provide the seller, commerce provider or marketplace with your name, email address, shipping address, Payment Information and Transaction Data to facilitate payment processing, order fulfilment and dispute resolution (including payment and shipping disputes) and to help prevent, detect and investigate fraud or other prohibited activities. Please refer to these third parties’ privacy policies for information about their privacy practices.

Basic Terms

  1. You must be at least 13 years old to use the Service.
  2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Have You Seen This (PTY) Ltd prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Have You Seen This (PTY) Ltd upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  4. You agree that you will not solicit, collect or use the login credentials of other Have You Seen This users.
  5. You are responsible for keeping your password secret and secure.
  6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
  9. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Have You Seen This (PTY) Ltd.
  10. You must not access Have You Seen (PTY) Ltd this’s private API by means other than those permitted by Have You Seen This (PTY) Ltd.You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Instagram users.
  11. You must not use domain names or web URLs in your username without prior written consent from Have You Seen This (PTY) Ltd.
  12. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Have You Seen This (PTY) Ltd page is rendered or displayed in a user’s browser or device.
  13. You must comply with Have You Seen This (PTY) Ltd’s Community Guidelines.
  14. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  15. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Have You Seen This (PTY) Ltd’s terms.
  16. Violation of these Terms of Use may, in Have You Seen This (PTY) Ltd’s sole discretion, result in termination of your Have You Seen This account. You understand and agree that Have You Seen This cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Have You Seen This (PTY) Ltd, we can stop providing all or part of the Service to you.

You shall not:

  1. Use Have You Seen This (PTY) Ltd APIs for any application that replicates or attempts to replace the essential user experience of HYST.co.za.
  2. Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use Have You Seen This  APIs.
  3. Impersonation: You may not impersonate others through the Have You Seen This service in a manner that does or is intended to mislead, confuse, or deceive others.
  4. Trademark: We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others may be permanently suspended
  5. use an unreasonable amount of bandwidth.
  6. Private information: You may not publish or post other people’s private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission. You may not post intimate photos or videos that were taken or distributed without the subject’s consent.
  7. Cache or store any Have You Seen This (PTY) Ltd user photos other than for reasonable periods in order to provide the service you are providing to Have You Seen This (PTY) Ltd users.
  8. Misuse of Have You Seen This (PTY) Ltd Badges: You may not use badges, such as but not limited to the Promoted or Verified Have You Seen This (PTY) Ltd badge, unless provided by Have You Seen This (PTY) Ltd. Accounts using these badges as part of profile photos, header photos, background images, or in a way that falsely implies affiliation with Have You Seen This (PTY) Ltd may be suspended.
  9. Use Have You Seen This (PTY) Ltd APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
  10. Violence and Threats: You may not publish or post threats of violence against others or promote violence against others.
  11. Unlawful Use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
  12. Use Have You Seen This (PTY) Ltd APIs in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
  13. Use Have You Seen This (PTY) Ltd as a generic image hosting service for banner advertisements, graphics, etc.
  14. Use Have You Seen This (PTY) Ltd APIs in a manner that adversely impacts the stability of HYST.co.za servers or adversely impacts the behavior of other applications using the Have You Seen This’s APIs.
  15. Sell, lease, or sublicense Have You Seen This (PTY) Ltd APIs or access thereto or derive revenues from the use or provision of Have You Seen This (PTY) Ltd APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.
  16. Law and Harm: Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Have You Seen This (PTY) Ltd’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

If the primary purpose of your application is to derive revenue, it is considered a commercial application. Have You Seen This (PTY) Ltd reserves the right to make these evaluations at the time that you apply for the license.Have You Seen This (PTY) Ltd may also monitor your site or application over time to ensure continued compliance with the appropriate type of API key.

Abuse and Spam

Have You Seen This (PTY) Ltd strives to protect its users from abuse and spam. User abuse and technical abuse are not tolerated on www.HYST.co.za, and may result in permanent suspension. Any accounts engaging in the activities specified below may be subject to permanent suspension.

  • Serial Accounts: You may not create multiple accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the Have You Seen This (PTY) Ltd Rules is cause for permanent suspension of all accounts.
  • Targeted Abuse: You may not engage in targeted abuse or harassment. Some of the factors that we take into account when determining what conduct is considered to be targeted abuse or harassment are:
    • if you are sending messages to a user from multiple accounts;
    • if the sole purpose of your account is to send abusive messages to others;
    • if the reported behavior is one-sided or includes threats
  • Username Squatting: You may not engage in username squatting. Accounts that are inactive for more than six months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:
    • the number of accounts created
    • creating accounts for the purpose of preventing others from using those account names
    • creating accounts for the purpose of selling those accounts
    • using feeds of third-party content to update and maintain accounts under the names of those third parties
  • Invitation spam: You may not use (PTY) Ltd address book contact import to send repeat, mass invitations.
  • Selling usernames: You may not buy or sell Have You Seen This (PTY) Ltd usernames.
  • Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
  • Spam: You may not use the Have You Seen This (PTY) Ltd service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
    • If you have followed and/or unfollowed large amounts of users in a short time period, particularly by automated means (aggressive following or follower churn);
    • If you repeatedly follow and unfollow people, whether to build followers or to garner more attention for your profile;
    • If your updates consist mainly of links, and not personal updates;
    • If a large number of people are blocking you;
    • If a large number of spam complaints have been filed against you;
    • If you post duplicate content over multiple accounts or multiple duplicate updates on one account;
    • If you post multiple unrelated updates to a topic using #, trending or popular topic, or promoted trend;
    • If you send large numbers of duplicate @replies or mentions;
    • If you send large numbers of unsolicited @replies or mentions;
    • If you add a large number of unrelated users to lists;
    • If you repeatedly create false or misleading content;
    • Randomly or aggressively following, favoriting or HYSTing posts/content;
    • If you repeatedly post other users’ account information as your own (bio, contact details, url, etc.);
    • If you post misleading links (e.g. affiliate links, links to malware/click jacking pages, etc.);
    • Creating misleading accounts or account interactions;
    • Selling or purchasing account interactions (such as selling or purchasing followers, HYSTs, favorites, etc.);
    • Using or promoting third-party services or apps that claim to get you more followers (such as follower trains, sites promising “more followers fast” or any other site that offers to automatically add followers to your account);
  • Graphic Content: You may not use pornographic or excessively violent media in your profile image, header image, or background image.

Your account may be suspended for Terms of Service violations if any of the above is true. Please see our help pages on Following rules and best practices and Automation rules and best practices for a more detailed discussion of how the Rules apply to those particular account behaviors. Accounts created to replace suspended accounts will be permanently suspended.

Accounts engaging in any of these behaviors may be investigated for abuse. Accounts under investigation may be removed from Search for quality. Have You Seen This (PTY) Ltd reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.

Your Content

  1. Posting content

Have You Seen This (PTY) Ltd allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to Have You Seen This (PTY) Ltd.

  1. How Have You Seen This (PTY) Ltd and other users can use your content

 

You grant Have You Seen This and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-HYST, modify, create derivative works, perform, and distribute your User Content on Have You Seen This (PTY) Ltd solely for the purposes of operating, developing, providing, and using the Have You Seen This (PTY) Ltd Products. Nothing in these Terms shall restrict other legal rights Have You Seen This (PTY) Ltd may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

  1. How long we keep your content

 

Following termination or deactivation of your account, or if you remove any User Content from Have You Seen This (PTY) Ltd, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Have You Seen This(PTY) Ltd and its users may retain and continue to use, store, display, reproduce, re-HYST, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Have You Seen This (PTY) Ltd.

Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, public H.Y.S.T posts/content, the people you follow or that follow you, or the number of users who clicked on a particular link (even if only one did), or reports to advertisers about unique users who saw or clicked on their ads after we have removed any private personal information (such as your name or contact information).

The Services are Available “AS-IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Have You Seen This ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Have You Seen This Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Have You Seen This Entities or through the Services, will create any warranty or representation not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Have You Seen This (PTY) Ltd Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Have You Seen This (PTY) Ltd Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Have You Seen This (PTY) Ltd ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

Disclaimers

The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.

Have You Seen This (PTY) Ltd SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Have You Seen This (PTY) Ltd takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Indemnity

If you use our Products for commercial purposes in violation of the Have You Seen This (PTY) Ltd Privacy Policy or Terms and Conditions as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Have You Seen This (PTY) Ltd and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense  of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.