Information on this site
* All information on this site is only intended to provide the user with general information about Spiraleye Studios, Spiraleye Studios products and Spiraleye Studios services.
Information in e-mails
An e-mail send by Spiraleye Studios may contain confidential information which is exclusively privileged for the addressee. The receiver of this information that is not the addressee, one of his employees or another authorized person is informed hereby that he is not allowed to use, pass on or reproduce this information. Should the e-mail have been received erroneously inform us without delay and destroy the e-mail. Any unauthorized copying, disclosure or distribution of the material in the e-mail is strictly forbidden.
Amendments to these conditions
* Spiraleye Studios may amend these conditions from time to time without notification to the user. By accessing this site the users are bound to the version of the terms and conditions published at the time of any visit to this site. The user agrees to view the current version each time that this site is visited.
* The current version of these conditions will govern the respective rights and obligations of Spiraleye Studios and the user each time the user access this site.
Linked third party sites
* This site or an e-mail originating from Spiraleye Studios may contain certain images and links to other third party websites (“linked sites”) with information and material produced by other parties. The linked sites are not under the control of Spiraleye Studios and Spiraleye Studios is not responsible for the content of any linked site, including without limitation any links contained in a linked site, or any changes or updates to a linked site.
* Spiraleye Studios is providing these links to you only as a convenience, and the inclusion of any links does not imply endorsement by Spiraleye Studios of the site, their business or security practices or any association with its operators.
Intellectual Property Rights
* This site and any e-mails originating from Spiraleye Studios contain copyright and other intellectual property including logos and other graphics and multimedia works belonging to Spiraleye Studios.
* The user is authorised to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:
o Any reproduction of our proprietary material from this site or e-mails originating from Spiraleye Studios or portion of either, must include Spiraleye Studios’ copyright notice in its entirety.
o The logos and trademarks shown on this site or e-mails originating from Spiraleye Studios are Spiraleye Studios’ registered and unregistered trademarks, or that of third parties.
o Nothing on this site or in any e-mail originating from Spiraleye Studios should be construed as granting any licence or right to use any trademark without Spiraleye Studios’ prior written permission and/or that of third parties, as the case may be. The user may not, without Spiraleye Studios’ prior written consent, use Spiraleye Studios’ intellectual property or that of third parties for any purposes whatsoever.
Warranties and representations
* All the information appearing on this site and any e-mail originating from Spiraleye Studios is provided without a representation or warranty whatsoever, whether expressed or implied, and Spiraleye Studios disclaims any liable to the user in this regard.
* Spiraleye Studios makes no representations or warranties regarding the accuracy, functionality, fitness for purpose or non-infringement in connection with this site and e-mails originating from Spiraleye Studios and disclaims all liability in this regard.
* Spiraleye Studios does not warrant that the site or e-mails originating from Spiraleye Studios will be error-free.
Disclaimer and limitation of liability
* Use of this site and e-mails originating from Spiraleye Studios is entirely at the user’s own risk. The user assumes full responsibility for the risk or loss resulting from the use of this site and e-mails originating from Spiraleye Studios and the user’s reliance on information contained on it.
* In no event will Spiraleye Studios be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to the user’s use of this site or e-mail originating from Spiraleye Studios or the information contained on this site or e-mail originating from Spiraleye Studios or the user’s inability to use this site or e-mail originating from Spiraleye Studios, whether such damages arose out of contract, or delict or otherwise and regardless of whether Spiraleye Studios was expressly advised of the possibility of such loss or damage.
Without derogating from the generality of the above, and to the extend legally permitted, Spiraleye Studios will not be liable for:
* Any interruption, malfunction, downtime, off-line situation or other failure of the site or online services, Spiraleye Studios’ system, databases or any of its components, beyond Spiraleye Studios’ reasonable control;
* Any loss or damage with regard to the users data or other data directly or indirectly caused by malfunction of Spiraleye Studios system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on Spiraleye Studios’ system or third party systems; programming defects;
* Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers; internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which we have no direct control.
Capacity to enter into agreements
* The user hereby warrants to Spiraleye Studios that the user has the required legal capacity to enter into and be bound by these terms and conditions.
* Minors must be assisted by their legal guardians when reading these terms and condtitions.
User’s Liability to Spiral Eye Studios
The user shall be liable to Spiraleye Studios for any liabilities, losses or expenses incurred by Spiraleye Studios as a result of any breach by the user of these terms and conditions.
Termination, suspension and limitation
Spiraleye Studios may:
* Set limits or conditions on the right to certain services, features or functions on this site.
* Restrict access to parts of or all of the services on the site; and
* Modify, suspend or discontinue this site, whether temporarily or permanently, without notice.
The user acknowledges that Spiraleye Studios will use e-mail and notices on the this site, as Spiraleye Studios’ main communication tool for all communications relating to this site, or these terms and condition.
A e-mail message will be deemed to be sent:
* by the user, at the time at which Spiraleye Studios are capable of accessing such message;
* by Spiraleye Studios, at the time shown on the message as having been sent, or if not so shown, at the time shown on Spiraleye Studios’ computer system as having been sent.
A e-mail message is deemed to be received:
* by the Subscriber once it becomes capable of being retrieved by the user;
* by Spiraleye Studios, once Spiraleye Studios have confirmed receipt thereof to the user, or responded thereto, whichever is the earlier.
A message shall be attributed:
* to the user, if it purports to have originated from the user, irrespective of the fact that someone else may have impersonated the user or whether the message sent to Spiraleye Studios resulted from an error or malfunction in the communication system;
* to Spiraleye Studios, if it has been sent by a duly authorised representative and such representative acted within the scope of such authority or by an automated system programmed by Spiral Eye Studios and such system operated without error or malfunction.
Unless otherwise provided for in these terms and conditions and subject to clause (by Spiraleye Studios, once Spiraleye Studios have confirmed receipt thereof to the user, or responded thereto, whichever is the earlier) confirmation of receipt of your message is required to give legal effect to such message
Applicable law and jurisdiction
The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the products or services offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.
* The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
* Where any dates or times need to be calculated in terms of the conditions, the international standard time: GMT plus two hours shall be used.
* No failure or delay by Spiraleye Studios to exercise any of Spiraleye Studios rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against the user.
* If any of these terms and conditions is held to be invalid, unlawful or unenforceable, the term or condition will be deleted from the remaining terms and conditions which will continue to be valid to the full extent permitted by law.
Company Name and Registration No.
Spiral Eye Design CC t/a Spiraleye Studios
Address & Contact Details
PO Box 37907
Tel: +27 83 258 2669
Mr C. Frische, Mr T. Solomon
17 April 2012