By visiting this website, reading and engaging with the content in any way whatsoever, you undertake to adhere to these terms and conditions, and accept and agree to the following:
- You are accessing a South African website. The acceptable use policy is stated here in order to be compliant with the law in the Republic of South Africa. Any disputes of any kind relating to TheCapeRobyn and/or these T&C’s shall be governed by the laws of SA and any disputes shall be resolved in South African courts or other similar dispute resolution structures.
- TheCapeRobyn generates income from advertising, referrals, sharing of information, affiliate marketing and direct charges. By accessing and using the TheCapeRobyn website, or any of its associate platforms on other social media systems (such as Instagram, Twitter, Facebook) you explicitly accept that you are doing so with full knowledge and you explicitly consent to TheCapeRobyn sharing any information (including your personal information) that you provide, post, subscribe to or provide on TheCapeRobyn platform, to third-party web pages and affiliate marketing organisations, including advertisers.
- You undertake to refrain from making, saying, writing, using, posting, re-posting, tweeting or in any other way possible in the widest possible sense, expressing or agreeing with any form of hate speech, racist, sexist, or other form of discriminatory comment or behaviour.
- You undertake to refrain from making, saying, writing, using, posting, re-posting, tweeting or in any other way possible in the widest possible sense, expressing or agreeing with any form of comment or behaviour which may in any way be regarded as an attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography; child trafficking or any other form of child abuse.
- You undertake to refrain from making, saying, writing, using, posting, re-posting, tweeting or in any other way possible in the widest possible sense, expressing or agreeing with any form of behaviour that may aid or abetting or show association to or approval of drug abuse, drug dealing, smuggling, or any other form of substance abuse
- TheCapeRobyn endeavours at all times to ensure that all website information is accurate. By accessing this website, you explicitly and in the widest possible terms indemnify us from any liability, loss or damage- actual or financial, howsoever caused, whether to you the reader/consumer or any other user who may choose to rely on any content on this website.
- Images published on TheCapeRobyn are supplied by producers/publicists. Copyright in any images used may reside with third parties. Some of the images published on TheCapeRobyn are credited with photographer’s names and this is indicated on TheCapeRobyn. Other photos are provided to TheCapeRobyn, without credit and are published with the tag “supplied”. Any disputes regarding photo or other credits will need to be resolved between you the user and the producers/publicists.
- TheCapeRobyn may not be used for unlawful dissemination of material of any kind whatsoever.
- You may not use any content on TheCapeRobyn in violation of any intellectual property laws. This includes content/images which are protected by local and international copyright, trademarks, and any other intellectual property law.
- You undertake not to engage in any of the following activities that are considered an unacceptable use of the TheCapeRobyn platforms and listing guidelines. This list is not exclusive or comprehensive, but includes the following:
- Any action that threatens and compromises the functioning, security and/or integrity of the TheCapeRobyn platforms.
- Attempts to leech onto unlawful and unauthorised access to TheCapeRobyn platforms or dodge any of the security measures and safety nets put in place by the TheCapeRobyn;
- Attempts to use the TheCapeRobyn website apparatus to evade the user authentication or security of any host, network or account (“cracking” or “hacking”);
- Faking or falsifying of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
- Attempts to break through or attempt to rupture or hack into the security of another user or attempt to gain access to an individual or company’s computer, software, or data without the knowledge and consent of the individual or company.
- Any action that threatens to disrupt the service offered by the TheCapeRobyn through “denial of service attacks”; flooding of a network; or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;
- Any activity that in any way threatens the security and integrity of TheCapeRobyn platforms by knowingly posting, transmitting, linking to or otherwise distributing any information or software that contains a virus, Trojan horse, worm, lock, mail bomb, cancel-bot or other harmful, destructive or disruptive component.
- Any unauthorised monitoring of data or traffic on the network without the TheCapeRobyn’s explicit, written consent.
- Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.
- You acknowledge that the TheCapeRobyn has no power to control the content of the information passing over the internet and its applications, including e-mail and comment areas. TheCapeRobyn cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
- By accessing and using the TheCapeRobyn website, or any of its associate platforms on other social media systems (such as Instagram, Twitter, Facebook) you explicitly consent to TheCapeRobyn sharing any information (including your personal information) that you provide, post, subscribe to or provide, to third-party web pages and affiliate marketing.
- You acknowledge that we exercise absolutely no control over such third-party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third-party content contained on or accessible through the TheCapeRobyn platforms, website and web pages or sites displayed as search results or contained within a directory of links on the TheCapeRobyn platforms. It is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.
- Access to public internet spaces, such as any comments areas on the TheCapeRobyn, is entirely voluntary and at your own risk.
- TheCapeRobyn, its associates, and employees are not responsible for any content contained these services, or your communications, transmissions or use of these services, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.
- The TheCapeRobyn respects the privacy and confidentiality of visitors on our platforms; advertisers and other users.
- It is the advertiser’s responsibility to ensure that unauthorised persons do not gain access to or misuse the TheCapeRobyn’s service.
- TheCapeRobyn cautions users on its platforms to not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the user and the TheCapeRobyn cannot be held liable for the user being placed on any bulk mailing lists as a result.
- Where the user has authorised a minor to use any of the TheCapeRobyn’s services or access its platforms, you accept that as the parent/legal guardian of that minor, you are entirely responsible for: the online conduct of the minor; monitoring the minor’s access to and use of any services or websites; and the results of any misuse or misapplication by the minor, including but not limited to transactions entered into by the minor using such access.
- TheCapeRobyn cannot be held liable for any business dealings you have with any third parties on the internet, including any vendors, or advertisers found on, or through, the TheCapeRobyn platforms. In addition, the TheCapeRobyn assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. In addition, it is the user’s responsibility for ensuring compliance with all applicable customs and exchange-control laws in connection with any transactions.
- TheCapeRobyn reserves the right to amend or alter this policy at any time, and without notice to you.
- TheCapeRobyn reserves the right to take action against any individuals, companies or organisations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
- TheCapeRobyn reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.
- TheCapeRobyn reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
- TheCapeRobyn reserves the right to suspend, revoke or cancel the TheCapeRobyn’s services to the customer/user if the safety and integrity of the TheCapeRobyn’s resources are placed at risk in continuing to provide service to the subscriber/user.
- TheCapeRobyn reserves the right to remove any information or materials in whole or in part, that, in the TheCapeRobyn’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
- TheCapeRobyn does not undertake to guarantee the security of any data passing through its platforms.
- Although the TheCapeRobyn will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating party to safeguard its data. TheCapeRobyn cannot be held liable for any loss or damage arising as result of the failure to do so.
- TheCapeRobyn does not waive its right to enforcement of this AUP (Acceptable Use Policy), at any time, or prejudice its right to take subsequent action, should the TheCapeRobyn fail, neglect or elect not to enforce a breach of the AUP at any time.
- With regard to Freebies, promotions, special offers:
- Please note that Freebies@TheCapeRobyn is not an email address.
- TheCapeRobyn is not involved with selection of winners. Promoters/producers of events or vendors of services or products have their own selection process in place to ensure that winners are selected in a randomised draw. Competitions in South Africa need to comply with the Consumer Protection Act (CPA) requirements in section 36 and Regulation 11.
- In line with the regulations in South Africa, we must note that no purchase is necessary to enter a draw for Freebies. Entrance is free into prize draws. It is not required that you share a post or tag people on social media in order to qualify to enter Freebies on the TheCapeRobyn website.
- Freebies cannot be offered conditionally. For example you cannot be asked to buy two tickets in order to win two more tickets. That is a special offer/promotion and is a different category – and does not fall under the ambit of Freebies on TheCapeRobyn website
- One entry per person is allowed for Freebies on TheCapeRobyn website – per competition. You may enter for the draw for each giveaway but you may only send one entry, per competition.
- Prizes may not be exchanged for cash and may not be sold. If you sell or attempt to sell prizes that you have won, TheCapeRobyn reserves the right to put your name on a ban list which will be given to operators who are running competitions on this site. This will lead to being disqualified from participating in Freebies on TheCapeRobyn website and other platforms.
- The TheCapeRobyn reserves the right to amend or alter this policy at any time, and without notice to you.
- TheCapeRobyn reserves the right to take action against any individuals, companies or organisations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
- TheCapeRobyn reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.
- TheCapeRobyn reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
- TheCapeRobyn reserves the right to suspend, revoke or cancel the TheCapeRobyn’s services to the customer/user if the safety and integrity of the TheCapeRobyn’s resources are placed at risk in continuing to provide service to the subscriber/user.
- TheCapeRobyn reserves the right to remove any information or materials in whole or in part, that, in the TheCapeRobyn’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
- You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services. Except where such disclaimer of liability is prohibited by applicable law, we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services etc.
39. Usage of TheCapeRobyn content: Including content, images, videos.
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- Syndication rates for theatre reviews: If you want to place a review from TheCapeRobyn on a print or another digital platform (other than your theatre website), for marketing or publicity purposes, please contact us regarding usage rates. E-mail: greg@thecaperobyn.com
- Facebook and other social media platforms: You are welcome to share an article from TheCapeRobyn Facebook page to your Facebook page, on condition that you indicate the source – that you are sharing from TheCapeRobyn public Facebook page. The same applies for sharing from TheCapeRobyn Facebook page to other social platforms such as Instagram and Twitter – the source – TheCapeRobyn- must be clearly indicated.
- Reviews on single usage websites (ie not portals): Theatres, restaurants, venues may post reviews on their sites, with the TheCapeRobyn hyperlink clearly indicated. The usage in this instance may be compared to print media where theatre reviews were/are cut out of newspapers and put up on the wall in a foyer. TheCapeRobyn reviews may be printed and put up on foyer walls – with hyperlink clearly indicated. TheCapeRobyn is an online magazine and this is like passing the magazine around. TheCapeRobyn wants reviews to be accessible to theatre audiences who have not had the opportunity to read reviews.
- Websites/blogs: If you are a creative (for example a performing artist, visual artist, writer, film maker) and you operate a non-profit website/blog, you may quote an extract from a review or feature on TheCapeRobyn website with the hyperlink to TheCapeRobyn website- clearly indicating the source of the feature. If you would like to use the entire article on your website/blog, please e-mail robyn@thecaperobyn.com with subject line: usage permission- article on TheCapeRobyn.
- Commercial websites: If you operate a revenue producing commercial site and want (for example) feature a travel article, please send your enquiry regarding usage rates. Considerable intellectual property goes into the production of TheCapeRobyn magazine and we are happy for fair usage by non-profit organisations and for reviews to be used in a theatre or similar context to give people insight into shows, food offerings and so on. However, commercial entities – for example revenue producing entertainment portals or online publications – are required to pay for content. In all situations, please keep us in the loop and communicate with us.
- In general, sponsored/promotional features may be used, at no extra charge, on client’s platform (website, blog) and/or on other platforms (digital and print), after publication on TheCapeRobyn – subject to citing the source: TheCapeRobyn, hyperlink and date first published on TheCapeRobyn. This is subject to fair usage policy. Any questions in this regard, please e-mail . E-mail: greg@thecaperobyn.co.za