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South Africa ArtGuide

Terms of Use

Effective Date: 08/08/2025

1. Introduction & Agreement to Terms

Welcome to the South Africa ArtGuide ("we," "us," "our"). These Terms of Use ("Terms") govern your access to and use of our website and all related services, content, and functionality.

By accessing or using our website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our website.

Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations.

2. Website Content and Intellectual Property

  • Our Content: All content on this website, including text, graphics, logos, images, articles, and the overall design—but excluding User Content (see below)—is the property of South Africa ArtGuide or its licensors and is protected by copyright and other intellectual property laws. You are granted a limited license to access and use the website for personal, non-commercial purposes.
  • Trademarks: The "South Africa ArtGuide" name, logo, and all related names and logos are trademarks of our company. You may not use them without our prior written permission.

3. User-Submitted Content

Our website allows you to submit information for events, opportunities, and stories ("User Content").

  • Responsibility: You are solely responsible for the User Content you submit. You represent and warrant that you have all necessary rights to submit the User Content and that it does not violate any third-party rights (including copyright, trademark, or privacy rights) or any applicable laws.
  • Prohibited Content: You agree not to submit any User Content that is unlawful, defamatory, obscene, fraudulent, harassing, or otherwise objectionable.
  • License to Us: By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, distribute, display, and publish your User Content in connection with the operation of the website and for our promotional purposes.
  • Moderation: We have the right, but not the obligation, to review, edit, or remove any User Content at our sole discretion and without notice. We do not guarantee that any User Content you submit will be published.

4. Permitted and Prohibited Uses

You agree to use the website only for lawful purposes. You are prohibited from:

  • Using the website in any way that could damage, disable, overburden, or impair the site.
  • Attempting to gain unauthorized access to any part of the website, user accounts, or computer systems.
  • Using any automated system, such as "bots" or "scrapers," to access the website for any purpose without our express written permission (note: this does not restrict standard search engine indexing).
  • Reproducing, duplicating, copying, selling, or reselling any portion of the website or its content for commercial purposes.

5. Third-Party & Publicly Sourced Content

  • Third-Party Links & Content: Our website contains information provided by third parties (such as art galleries and event organizers) and links to third-party websites. We are not responsible for the accuracy, content, or availability of this third-party information. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
  • Information from Public Sources: To create a comprehensive guide, we may collect and republish information that is publicly available on the websites of art galleries, museums, artists, and other cultural institutions. This includes details such as event names, dates, descriptions, and locations. We do this to support and promote the vibrant South African art scene and to help a wider audience discover these opportunities.
  • Content Removal (Takedown Policy): We respect the intellectual property and wishes of all creators and institutions. If you are the owner of content that has been published on our website and you wish for it to be removed, please contact us via our contact page. We will promptly remove the content upon verification of your request.

6. Disclaimers

The website and all its content are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied.

We do not warrant that the website will be uninterrupted, secure, or error-free. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the website, including any event listings or gallery information. You are responsible for verifying all information (such as event dates, times, and locations) directly with the venue or organizer.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall South Africa ArtGuide, its directors, employees, or partners 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, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the website;
  • Any conduct or content of any third party on the website;
  • Any content obtained from the website; or
  • Unauthorized access, use, or alteration of your submissions.

8. Indemnification

You agree to defend, indemnify, and hold harmless South Africa ArtGuide and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the website or your violation of these Terms.

9. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will post the revised Terms on the website and update the "Effective Date" at the top. Your continued use of the website after the new Terms become effective constitutes your acceptance of the changes.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

Any dispute arising from these Terms shall first be resolved through good faith negotiation. If negotiation fails, the dispute shall be referred to mediation and, if necessary, binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).

11. Contact Us

If you have any questions about these Terms, please reach out via our contact page.