TERMS AND CONDITIONS
The following are the terms and conditions for use of the Primedia Publishing service, including (without limitation) general content, forums, chat rooms, classifieds, quick polls, directories and search. (Each feature individually and collectively referred to as the €˜service.€™) Please read them carefully. The service is offered to you on condition you accept without modification the terms, conditions, and notices contained herein.
1. User Privacy
Primedia Publishing respects the privacy of its users. Primedia Publishing will not monitor, edit or disclose any personal information about you or your use of the service, including its contents, without your prior permission unless Primedia Publishing has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Primedia Publishing; or (3) act to protect the interests of its members or others. Primedia Publishing provides certain user information in aggregate form to third parties, including advertisers. For more information, see the Privacy Statement.
2. User Conduct
As a condition of your use of the service, you warrant to Primedia Publishing that you will not use the service for any unlawful purpose or one that is prohibited by these terms, conditions and notices. Any unauthorized commercial use of the service or the resale of its services, is expressly prohibited. You agree to abide by all applicable local, provincial, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your use of the service. By way of example and not as a limitation, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, i, indecent or unlawful material or information.
- Advertise or offer to sell or buy any goods or services for any non-personal purpose.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a service member, any directory of the service members or other user or usage information or any portion thereof other than in the context of your use of the service as permitted under the Terms and Conditions.
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs.
- Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other aapplicable law unless you own or control the rights thereto and/or have received all necessary consents.
- Interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks.
- Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
- Interfere with another member's use and enjoyment of the service or another individual or entity's use and enjoyment of similar services.
- Primedia Publishing has no obligation to monitor the service or any user's use thereof or retain the content of any user session. However, Primedia Publishing reserves the right at all times to monitor, review, retain and/or disclose any iinformation as necessary to satisfy any applicable law, regulation, legal process or governmental request.
3. Disclaimers
The information and services included in or available through the service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Primedia Publishing and/or its respective suppliers may make improvements and/or changes in the service at any time.
Primedia Publishing does not warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. Primedia Publishing does not warrant that the use or the results of the use of the service or the materials made available as part of the service will be correct, accurate, timely or otherwise reliable.
You specifically agree that Primedia Publishing shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received, or not sent or received, or any transactions entered into through the service. You specifically agree that Primedia Publishing is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Primedia Publishing is not responsible for any content sent using and/or included in the service by any third party.
Primedia Publishing and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the service. The service is provided "as is" without warranty of any kind. Primedia Publishing and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall Primedia Publishing and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the service or related web sites, with the delay or inability to use the Service or related web sites, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the service, or otherwise arising out of the use of the service, whether based on contract, tort, negligence, strict liability or otherwise, even if Primedia Publishing or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the service and its related web sites.
4. Indemnification
You agree to indemnify and hold Primedia Publishing, its parent companies, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
5. Termination Primedia Publishing may terminate access to any part or all of the service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
6. Participations in Promotions of Advertisers
Any dealings with advertisers on the service or participation in promotions, including the delivery of and payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Primedia Publishing shall not be responsible or liable for any part of any such dealings or promotions.
7. Proprietary Rights to Content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the service, by Primedia Publishing, or Primedia Publishing's advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, re-publish, upload, post, transmit, or distribute in any way content available through the service and its associated websites, including code and software.
8. Modifications to Terms of Service
Primedia Publishing reserves the right to change the TOS or policies regarding the use of the service at any time and to notify you by posting an updated version of the TOS on this website. You are responsible for regularly reviewing the TOS. Continued use of the service after any such changes shall mean you have consented to such changes.
9. General
This agreement is governed by the laws of the Republic of South Africa. Use of the service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Primedia Publishing as a result of this agreement or use of the service. Primedia Publishing's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Primedia Publishing's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the service or information provided to or gathered by Primedia Publishing with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Primedia Publishing with respect to the service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Primedia Publishing with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Primedia Publishing agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
10. Copyright Notice.
All contents of the service are: Copyright © 2007 c/o Primedia Publishing, PO Box 784698, Sandton, 2146, South Africa. Any rights not expressly granted herein are reserved. © 2007 Primedia Publishing. All rights reserved.
