AGREEMENT BETWEEN
USER AND Soweto Business Guide
The Soweto Business Guide Web Site is comprised
of various Web pages operated by Soweto Business Guide.
The Soweto Business
Guide Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
Your use of the Soweto Business Guide Web Site constitutes your agreement
to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS
OF USE
Soweto Business Guide reserves the right to change the terms, conditions,
and notices under which the Soweto Business Guide Web Site is offered,
including but not limited to the charges associated with the use of the
Soweto Business Guide Web Site.
LINKS TO THIRD PARTY SITES
The Soweto Business
Guide Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of Soweto Business Guide and
Soweto Business Guide is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Soweto Business Guide is
not responsible for webcasting or any other form of transmission received
from any Linked Site. Soweto Business Guide is providing these links
to you only as a convenience, and the inclusion of any link does not
imply endorsement by Soweto Business Guide of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your
use of the Soweto Business Guide Web Site, you warrant to Soweto Business
Guide that you will not use the Soweto Business Guide Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Soweto Business Guide Web Site in any manner
which could damage, disable, overburden, or impair the Soweto Business
Guide Web Site or interfere with any other party's use and enjoyment
of the Soweto Business Guide Web Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally
made available or provided for through the Soweto Business Guide Web
Sites.
USE OF COMMUNICATION SERVICES
The Soweto Business Guide Web Site
may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large
or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when
using a Communication Service, you will not:
· Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
· Publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
· Upload
files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or
control the rights thereto or have received all necessary consents.
· Upload
files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
· Advertise
or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
· Conduct
or forward surveys, contests, pyramid schemes or chain letters.
· Download
any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
· Falsify
or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
· Restrict or inhibit any other
user from using and enjoying the Communication Services.
· Violate
any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
· Harvest or otherwise collect
information about others, including e-mail addresses, without their consent.
· Violate
any applicable laws or regulations.
Soweto Business Guide has no obligation
to monitor the Communication Services. However, Soweto Business Guide
reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. Soweto Business Guide
reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
Soweto
Business Guide reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Soweto Business Guide's
sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication Service.
Soweto Business Guide does not control or endorse the content, messages
or information found in any Communication Service and, therefore, Soweto
Business Guide specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized Soweto
Business Guide spokespersons, and their views do not necessarily reflect
those of Soweto Business Guide.
Materials uploaded to a Communication
Service may be subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations if
you download the materials.
MATERIALS PROVIDED TO Soweto Business Guide
OR POSTED AT ANY Soweto Business Guide WEB SITE
Soweto Business Guide
does not claim ownership of the materials you provide to Soweto Business
Guide (including feedback and suggestions) or post, upload, input or
submit to any Soweto Business Guide Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting Soweto
Business Guide, its affiliated companies and necessary sub-licensees
permission to use your Submission in connection with the operation of
their Internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the
use of your Submission, as provided herein. Soweto Business Guide is
under no obligation to post or use any Submission you may provide and
may remove any Submission at any time in Soweto Business Guide's sole
discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
Soweto Business Guide WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Soweto
Business Guide AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE Soweto Business Guide WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE Soweto Business Guide WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Soweto Business
Guide AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Soweto
Business Guide WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. Soweto Business Guide AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL Soweto Business Guide 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 Soweto Business Guide WEB SITE, WITH
THE DELAY OR INABILITY TO USE THE Soweto Business Guide WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE Soweto Business Guide WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE Soweto Business Guide WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Soweto Business
Guide OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/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 Soweto Business Guide WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Soweto
Business Guide WEB SITE.
SERVICE CONTACT : info@sowetoguide.co.za
TERMINATION/ACCESS
RESTRICTION
Soweto Business Guide reserves the right, in its sole discretion,
to terminate your access to the Soweto Business Guide Web Site and the
related services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is governed
by the laws of the State of Washington, U.S.A. and you hereby consent
to the exclusive jurisdiction and venue of courts in King County, Washington,
U.S.A. in all disputes arising out of or relating to the use of the Soweto
Business Guide Web Site. Use of the Soweto Business Guide Web Site 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 Soweto Business Guide as a result of this agreement
or use of the Soweto Business Guide Web Site. Soweto Business Guide's
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of Soweto Business
Guide's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Soweto Business
Guide Web Site or information provided to or gathered by Soweto Business
Guide 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
Soweto Business Guide with respect to the Soweto Business Guide Web Site
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Soweto Business
Guide with respect to the Soweto Business Guide Web Site. 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 an d subject to the same conditions
as other business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK
NOTICES
All contents of the Soweto Business Guide Web Site are: Copyright
2007 by Soweto Business Guide and/or its suppliers. All rights reserved.
TRADEMARKS
The
names of actual companies and products mentioned herein may be the trademarks
of their respective owners.The example companies, organizations, products,
people and events depicted herein are fictitious. No association with
any real company, organization, product, person, or event is intended
or should be inferred.Any rights not expressly granted herein are reserved.
NOTICES
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to
Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure
for Making Claims of Copyright Infringement. |