Terms & Conditions

Welcome to the ICT Jurist|Nino Hendricks blog.

Please read these Terms and Conditions before using, or submitting content in any form or medium for publication on, ICT Jurist|Nino Hendricks. By continuing to use it, or by submitting content for publication on ICT Jurist|Nino Hendricks, you agree to abide, and that you are bound, by these Terms and Conditions.

The owner of ICT Jurist|Nino Hendricks reserves the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of this blog) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance this site shall be subject to these Terms and Conditions. This is the most current version of these Terms and Conditions as published on http://ictjurist.canblog.co.za.

1. I May Discontinue or Suspend ICT Jurist|Nino Hendricks or Terminate Your Use

I reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site (or any part thereof) with or without notice. You agree that ICT Jurist|Nino Hendricks shall not be liable to you or any third party for any such modification, suspension or discontinuance of the site. In addition, I reserve the right to terminate your access to this blog for any reason, and to take any other actions that I, in my sole discretion, believes to be in the interest of ICT Jurist|Nino Hendricks and of site users or visitors as a whole.

2. I Have All Rights In This Blog and Content; You Grant Me Certain Rights When You Submit Content On This Blog

(a) This blog (including all text, photographs, graphics, video and audio content) is protected by an inherent copyright or as premitted under the copyright laws of the Republic of South Africa and other countries, and I (subject to the rights of licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All articles, blogs, videos, content and other elements comprising this blog are also copyrighted works, and I (subject to the rights of licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on this blog.

(b) By posting or submitting content on or to this blog (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving me, and my affiliates, agents and third party contractors the right to display or publish such content on ICT Jurist|Nino Hendricks and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to ICT Jurist|Nino Hendricks made by you from time to time, you understand and agree that (unless you and I agree otherwise) I may, or may permit users to, based solely on functionality provided and enabled by this blog, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and I agree otherwise) you shall have no rights with respect thereto and I or my licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize me to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by myself and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by myself and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant me all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage ICT Jurist|Nino Hendricks or any third party; (III) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. ICT Jurist|Nino Hendricks reserve the right to remove or not publish submissions without any notice. You understand that when you submit content in any form to ICT Jurist|Nino Hendricks I may authorize such content to be distributed or syndicated to or published on other environments I might deem beneficial to ICT Jurist|Nino Hendricks.

3. You Have Rights if You Believe Your Copyright is Being Infringed

If you are a copyright owner or agent thereof and believe that any of ICT Jurist|Nino Hendricks content infringes upon your copyright, please use the contact form provided on the blog to raise this with me directly.

4. Your Use of ICT Jurist|Nino Hendricks Content is Restricted:

(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of this blog or any content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make print copies that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this blog or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as I from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, I respect the right of others to make “fair use” of the materials contained on ICT Jurist|Nino Hendricks; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.

(b) I am concerned about the integrity of ICT Jurist|Nino Hendricks when it is viewed in a setting created by a third party that includes advertising or other materials that I have not authorized to be displayed with the content of ICT Jurist|Nino Hendricks. Neither you nor any third party shall make use of the contents of this blog in any manner that constitutes an infringement of my rights, including copyright or that has not been authorized by myself.

5. ICT Jurist|Nino Hendricks Is Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Content Contributors

Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of ICT Jurist|Nino Hendricks. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through this blog, ICT Jurist|Nino Hendricks is not undertaking any obligation or liability relating to the content. The ICT Jurist|Nino Hendricks and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor this blog for inappropriate or unlawful content. The ICT Jurist|Nino Hendricks and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, The ICT Jurist|Nino Hendricks reserves the right to block or remove communications, postings or materials at any time in my sole discretion.

6. You Will Be Responsible for Any Harm ICT Jurist|Nino Hendricks Suffers as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties

You agree to indemnify and hold harmless ICT Jurist|Nino Hendricks and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. ICT Jurist|Nino Hendricks reserve the right to take over the exclusive defense of any claim for which I am entitled to indemnification under this Section 6. In such event, you shall provide ICT Jurist|Nino Hendricks with such cooperation as is reasonably requested.

7. Your Use of ICT Jurist|Nino Hendricks is Subject to Certain Disclaimers:

THIS BLOG IS AVAILABLE “AS IS.” I DO NOT WARRANT THAT ICT JURIST|NINO HENDRICKS WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS BLOG. I DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ICT JURIST|NINO HENDRICKS OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS BLOG. I DO NOT MAKE ANY REPRESENTATIONS, NOR DO I ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON ICT JURIST|NINO HENDRICKS OR AVAILABLE THROUGH LINKS ON THIS BLOG. I RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THIS BLOG. ALTHOUGH I INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THIS BLOG, I DO NOT GUARANTEE OR WARRANT THAT ICT JURIST|NINO HENDRICKS OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS BLOG DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. I AM NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THIS BLOG AND ANY MATERIALS AVAILABLE THROUGH THIS BLOG, YOU DO SO SOLELY AT YOUR OWN RISK AND DISCRETION.

ICT JURIST|NINO HENDRICKS MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA, QUOTES OR OTHER INFORMATION CREATED BY MYSELF OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON THIS BLOG IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS BLOG OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY MYSELF AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES

8. ICT Jurist|Nino Hendricks is Not Responsible for Linked Sites

I am not responsible for the availability or content of other services that may be linked to ICT Jurist|Nino Hendricks. Because I have no control over such services, you acknowledge and agree that I am not responsible for the availability of such external services, and that I do not endorse and holds no responsibility or liability for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that I 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 content, goods or services available on or through such services.

9. ICT Jurist|Nino Hendricks May be Legally Compelled to Disclose Certain Information

You agree that in the event I receive a subpoena issued by a court or from a law enforcement or government agency, I shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

10. ICT Jurist|Nino Hendricks Liability to You is Limited

The ICT Jurist|Nino Hendricks and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this blog or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this blog (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against ICT Jurist|Nino Hendricks shall be limited to the amount you paid, if any, for use of this blog.

11. Any Dispute Between Us Will be Governed by South African Law:

These Terms and Conditions shall be governed by the laws of the Republic of South Africa and the Western Cape Province, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE THE ICT JURIST|NINO HENDRICKS, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.

The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.