Terms and Conditions for the use of Cracker's main domain name including all its sub-pages.


Cracker refers to a person, a company or an organization or company represented by a person, designated on the contact page of this website.

The term Users refers to people who have or have not registered on Cracker and who, meanwhile, use the contents of Cracker, communicate with other users on Cracker or publish contents through Cracker. The direct use of the personal pronoun "You" is used to address you as a user of Cracker.

The term Website refers to all the documents, contents, and information offered on www.cracker.co.za, under which the operations of the aforementioned materials and these Terms and Conditions are made available. The term Website also includes all its sub-directories and sub-pages.


1. Scope of Effect

A) The following stipulations are the conditions under which the Cracker can be visited, used and seen by the Users.

B) With your registration, you expressly agree to these usage terms and conditions. Cracker reserves the right to change or amend these conditions at any time with immediate effect. The User will be informed of such changes or amendments on Cracker. The User accepts such changes by logging on or registering on Cracker.


2. Services Provided by Cracker

A) Cracker is a multimedia platform which enables its Users to upload and publish their own contents, to interact with other Users and to share and classify those contents within an open User Community ("Community"). Besides other functions, the provided services include functionality enabling Users of the platform to upload (transmit content in order to share it online) and publish various content, such as pictures, videos, or texts to Cracker and to comment and rate content published by other Users, or to participate in community voting. Furthermore, it enables Users to contact other Users, search through content, or embed Cracker content on their own webpages.

B) Cracker respects the Intellectual Property of third parties, the integrity of every individual as well as the protection of privacy, especially of individuals disclosed in content that is published on Cracker; Cracker requests that its Users do the same.

C) As long as Cracker does not offer paid content, all services provided on Cracker are intended only for private and non-commercial use. By registering for this service, the User obligates him/herself to using it only for private purposes.

D) Cracker reserves the right to adjust the scope of the provided services at its own discretion and/or upon its Users' requirements. If as a result of such adjustments one or several parts of these terms and conditions herein become invalid, inapplicable or irrelevant, Cracker will inform all Users prior to that.


3. Registration

A) In order to use all functions of Cracker, you must first register yourself in order to become a member. Membership is free.

B) As a User, you are obligated to fill out all the fields of the application form honestly and accurately. The registration can only be successfully completed if you have filled out all mandatory fields of the application form.

C) Cracker can only be used by adults or by individuals who use it under the approval of their legal guardian(s).

D) The User is obligated to keep his/her password to themselves and not to pass it on to any other person or third party. If the User has knowledge of another person or third party being in possession of their password, they must inform Cracker immediately.


4. Storage of Content, Responsibility and Forbidden Content

A) Cracker provides storage space to Users of Cracker in order for them to upload content, such as pictures, videos, and text. For each type of content (e.g. video, pictures, texts) the provided storage space may be limited.

B) Cracker is responsible for the content uploaded by him/her. Therefore, the User ensures that this content is either free of any legal rights (e.g. copyrights) or that the User possesses all necessary rights from the content owner or author (especially the copyrights and rights to use included/displayed names or trademarks, etc.). In addition, the User must not upload any material that would violate any legal regulations or laws, offend any other person(s) or third party(s), or that could be considered as inappropriate. In particular, the content must not be threatening, abusive, racist, violence-encouraging, defamatory, offensive, pornographic, or youth-endangering.

C) In addition to that, it is prohibited for the Users to publish content that pursues commercial interests (especially Spamming), intends to spread or advertise political or ideological views (especially by means of symbols or signs representing such views) or that is meant to propagate a political or ideological objective (e.g. by collecting signatures, advocacy to express a certain opinion, conventions, etc.) in any manner.

D) The User shall further take responsibility for all content, uploaded by him/her to Cracker, being free of viruses, worms, trojan horses, or other malicious software that may jeopardize or impair the usability, function, or existence of Cracker.

E) Cracker may deny, block or remove any content that is in violation of any requirements specified in these terms and conditions at any time. The User has no right to insist on the publication of any uploaded content or to demand the re-publication of content that has been blocked or removed. In addition to the right to remove and/or delete such content, Cracker further reserves the right to hereby prevent the User from further using the Cracker website and from making claims (especially compensation claims) against them.


5. Permitted Duration to use the Service

A) The User may terminate his/her membership of Cracker (by the cancellation of his/her account) at any time.

B) Cracker is entitled to terminate a User's right to use the services in case of violation of any usage terms and conditions stipulated herein.

C) In the event of termination of this usage license, Cracker is entitled to delete any content previously submitted by the User. Also, the User has no right to require that Cracker return any content previously submitted by him/her.

D) In no regard to the conditions listed above, Cracker is entitled to permanently disable the Website, terminate the entire service offered or part of the services at any time and without prior announcement. In this case, the User's usage license and membership will end automatically.


6. Reservation of Rights

A) The User permits Cracker to use submitted content in order to provide the services related to the website. The User also grants Cracker all necessary rights for the content free of charge. These rights include the right to make all content or part thereof publicly available worldwide (via Cracker or other means of communication), to reproduce and/or spread the content and to transmit it to a third party.

B) Cracker is a public and open community and therefore, Users agree to their content being linked (reference or integration on external internet sites) by a third party. Also the purpose of the community stipulates that all content shall be freely available for a third party and in particular, can be used by a third party for its own purposes. Users grant Cracker the right to sub-license and transmit the granted rights, respectively the related contents. Cracker does not claim ownership of this content. Furthermore Users alone are responsible for any content submitted by them.

C) The User allows Cracker to further process submitted content, e.g. to adjust its format in order to make it useable on the website, or to improve the image quality.

D) The rights transferred by the user to Cracker expire once the User's content has been completely removed from Cracker.

E) The User herby declares to Cracker that he/she owns all necessary rights of any submitted content and that this content does neither violate the rights of any third party nor any legal regulations. If a third party claims damages against Cracker, believing the contents published on the Cracker website violate their rights or violate any legal regulations, the User shall hold Cracker, its related businesses, as well as its representatives, employees, partners and executive assistants free from such claims; herein the User agrees to pay for any costs related to Cracker's defense against such claims.

F) Cracker allows the User to use the services provided on the Cracker website during the User's membership and therefore grants the User single and non-transferable usage rights.


7. Availability of Services

A) The User acknowledges that Cracker does not provide any warranty or guarantee for the availability of the website or the content submitted to it. Cracker reserves the right to fully or partly suspend this website (also without previous announcement) and to fully or partly limit access to it.

B) It is not Cracker's responsibility to guarantee that the users may access the provided services at any time and continuously.


8. Liability

A) Cracker is responsible only for damage caused by a deliberate or negligent violation of contract or damage resulting from negligence of material contractual obligations. In the latter case, the liability of Cracker is limited to the damages typically foreseeable upon the contract's conclusion. Cracker's liability for damages to life, body and health as well as liability according to the product after-sale liability law remains unchanged. The aforementioned liability restrictions also apply to breaches of duty committed by the legal representatives and executive assistants of Cracker.

B) Claims for damages against Cracker expire within 12 months after their emergence. Claims based on a deliberate or malicious action are excluded, as well as claims related to liability according to the product after-sale liability law.

C) The aforementioned liability limitations also apply to businesses related to Cracker as well as to personal liability of the employees, representatives, companies and executive assistants of Cracker and or businesses related to Cracker.

D) Cracker dissociates itself expressly from any content of those websites, directly or indirectly linked to by or on the Cracker website. Cracker does not take any liability to these contents and sites. For contents of these sites, the owners of the respective sites shall be responsible.


9. Violation of Terms and Conditions

If you feel that any content submitted to this website by Users are in violation of the Cracker website's usage terms or legal regulations, we ask you to contact with us by either using the address listed on the Cracker website's contact page and providing us with the exact location (category) of the specific content or by using the "report this item" function, located underneath the medium's display window.


10. Intellectual Property of Cracker

The User acknowledges that all signs, marks and other intellectual rights, used or displayed on Cracker, exclusively belong to Cracker and/or their legal owners and shall not be used without the prior written approval from Cracker and/or its legal owners. In addition, no part of the Cracker website shall be copied, decompiled or changed in any way.


11. Privacy Protection

The operation and usage of the Cracker website are carried out in accordance with Cracker's Privacy Statement, which you hereby take into acknowledgement.


12. General Terms

A) These usage conditions and the entire legal relation between Cracker and its Users are subjected to the jurisdiction of the Republic of South Africa. Place of business is the premise and/or domicile of Cracker (as indicated on this Cracker website's contact page). As long this is permitted, the area of jurisdiction is agreed upon being the premise and/or domicile of Cracker (as indicated on the Cracker website's contact page).

B) In case any part of these terms are not valid, this does not affect the other (remaining) parts of these terms. Ineffective, invalid or futile regulations (if any) will be replaced by such regulations, which's meaning and contents are similar the most to the economical intentions of the original ones; the same applies to possible gaps of these terms (if any).


Cape Town, 1st February 2009