Easi Coid Terms of Service.
EASICOID SERVICE AGREEMENT/TERMS OF USE
1. ACCEPTANCE OF TERMS
The services that EasiCoid provides to User is subject
to the following Terms of Use ("TOU"). EasiCoid reserves the right to
update the TOU at any time without notice to User. The most current version of
the TOU can be reviewed by clicking on the "Terms of Use hypertext link
located at the bottom of our Web pages.
A.
This Agreement, which incorporates by reference other
provisions applicable to use of www.easicoid.co.za, including, but not limited
to, supplemental terms and conditions set forth hereof ("Supplemental
Terms") governing the use of certain specific material contained in www.easicoid.co.za,
sets forth the terms and conditions that apply to use of www.easicoid.co.za by
User. By using EasiCoid (other than to read this Agreement for the first time), User agrees to comply
with all of the terms and conditions hereof. The right to use www.easicoid.co.za
is personal to User and is not transferable to any other person or entity. User
is responsible for all use of User's Account (under any screen name or
password) and for ensuring that all use of User's Account complies fully with
the provisions of this Agreement. User shall be responsible for protecting the
confidentiality of User's password(s), if any.
B.
EasiCoid shall have the right at any time to change or
discontinue any aspect or feature of www.easicoid.co.za, including, but not
limited to, content, hours of availability, and equipment needed for access or
use.
2. CHANGED TERMS
EasiCoid shall have the right at any time to
change or modify the terms and conditions applicable to User's use of www.easicoid.co.za,
or any part thereof, or to impose new conditions, including, but not limited
to, adding fees
and charges for use. Such changes, modifications, additions or deletions shall
be effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on www.easicoid.co.za, or by electronic
or conventional mail, or by any other means by which User obtains notice
thereof. Any use of www.easicoid.co.za by User after such notice shall be
deemed to constitute acceptance by User of such changes, modifications or
additions.
3. DESCRIPTION OF SERVICES
Through its Web property, EasiCoid provides User with
access to a variety of resources, including download areas, communication
forums and product information (collectively "Services"). The
Services, including any updates, enhancements, new features, and/or the addition of any
new Web properties, are subject to the TOU.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining
all telephone. computer hardware. software and other equipment needed for
access to and use of www.easicoid.co.za and all charges related thereto.
5. USER CONDUCT
A.
User shall use www.easicoid.co.za for lawful purposes only. User shall
not post or transmit through www.easicoid.co.za any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without EasiCoid 's express prior approval, contains
advertising or any solicitation with respect to products or services. Any
conduct by a User that in EasiCoid discretion restricts or inhibits any other
User from using or enjoying www.easicoid.co.za will not be permitted. User
shall not use www.easicoid.co.za to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users to
become subscribers of other on-line
information services competitive with EasiCoid.
B.
www.easicoid.co.za contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire contents of www.easicoid.co.za
are copyrighted as a collective work under the South Africa copyright laws. EasiCoid
owns a copyright in the selection, coordination, arrangement and enhancement of
such content, as well as in the content original to it. User may not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or in
any way exploit, any of the content, in whole or in part. User may download copyrighted
material for User's personal use only. Except as otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or commercial exploitation
of downloaded material will be permitted without the express permission of EasiCoid and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright
notice shall be made. User acknowledges that
it does not acquire any ownership rights by downloading copyrighted material.
C.
User shall not upload, post or otherwise make available on www.easicoid.co.za
any material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with User.
User shall be solely liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any
public area of www.easicoid.co.za, User automatically grants, or warrants that
the owner of such material has expressly granted EasiCoid the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in whole or in
part) worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any copyright
that may exist in such material. User also permits any other User to access,
view, store or reproduce the material for that User's personal use. User hereby
grants EasiCoid the right to edit, copy, publish and distribute any material
made available on www.easicoid.co.za by User.
D.
The foregoing provisions of Section 5 are for the benefit of EasiCoid,
its subsidiaries, affiliates and its third party content providers and
licensors and each shall have the right to assert and enforce such provisions
directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication facilities
designed to enable User to communicate with others (each a "Communication
Service and collectively "Communication Services"). User agrees to
use the Communication Services only to post, send and receive messages and
material that are proper and, when applicable, related to the particular Communication Service. By way of example, and
not as a limitation, User agrees that when using the Communication Services,
User will not:
q Use the
Communication Services in connection with surveys, contests, pyramid schemes,
chain letters, junk email spamming or any duplicative or unsolicited messages
(commercial or otherwise).
q Defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
q Publish, post,
upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
q
Upload, or
otherwise make available, files that contain images, photographs, software or
other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control
the rights thereto or have received all necessary consent to do the same.
q Use any
material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
q Upload files
that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted
files, or any other similar software or programs that may damage the operation
of another's computer or property of another.
q Advertise or
offer to sell or buy any goods or services for any business purpose, unless
such Communication Services specifically allows such messages.
q Download any file
posted by another user of a Communication Service that User know, or reasonably
should know, cannot be legally reproduced, displayed, performed, and/or
distributed in such manner.
q Falsify or
delete any copyright management information, such as 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.
q Restrict or
inhibit any other user from using and enjoying the Communication Services.
q Violate any
code of conduct or other guidelines which may be applicable for any particular
Communication Service.
q Harvest or
otherwise collect information about others, including email addresses.
q Violate any
applicable laws or regulations.
q Create a false
identity for the purpose of misleading others.
q Use, download
or otherwise copy, or provide (whether or not for a fee) to a person or entity
any directory of users of the Services or other user or usage information or
any portion thereof.
EasiCoid
has no obligation to monitor the Communication Services. However, EasiCoid
reserves the right to review materials posted to the Communication Services and
to remove any materials in its sole discretion. EasiCoid reserves the right to
terminate Users access to any or all of the Communication Services at any time,
without notice, for any reason whatsoever. EasiCoid reserves the right at all
times to disclose any information as it deems 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 EasiCoid's sole discretion.
Materials
uploaded to the Communication Services may be subject to posted limitations on
usage, reproduction and/or dissemination; User is responsible for adhering to
such limitations if User downloads the materials.
Always use caution when giving out any
personally identifiable information in any Communication Services. EasiCoid
does not control or endorse the content, messages or information found in any
Communication Services and, therefore, EasiCoid specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from Users participation in any Communication Services. Managers and hosts are
not authorized EasiCoid spokespersons, and their views do not necessarily
reflect those of EasiCoid.
7.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open
an account, User must complete the registration process by providing EasiCoid
with current, complete and accurate information as prompted by the applicable
registration form. User also will choose a password and a user name. User is entirely
responsible for maintaining the confidentiality of Users password and account.
Furthermore, User is entirely responsible for any and all activities that occur
under Users account. User agrees to notify EasiCoid immediately of any unauthorized use
of Users account or any other breach of security. EasiCoid will not be liable
for any loss that User may incur as a result of someone else using Users password or account, either with or without
Users knowledge. However, User could be held liable for losses incurred by EasiCoid
or another party due to someone else using Users account or password. User may
not use anyone else's
account at any time, without the permission of the account holder.
8.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS YOUR WEBSITE ADDRESS
Any software that is made available to download from the
Services ("Software) is the copyrighted work of EasiCoid and/or its
suppliers. Use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable to install any
Software that is accompanied by or includes a License Agreement, unless he or
she first agrees to the License Agreement terms.
The Software is made available for download solely for use
by end users according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, EasiCoid
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, EasiCoid MAY MAKE
AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND
UTILMES FOR USE AND/OR DOWNLOAD. EasiCoid DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS
AND UTILMES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILMES MADE AVAILABLE ON THE SERVICES.
9.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS YOUR WEBSITE
ADDRESS
Permission to use Documents (such as white papers,
press releases, datasheets and FAQs) from the Services is granted, provided
that (1) the below copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) use of such Documents from the
Services is for informational and non-commercial or personal use only and will
not be copied or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made. Accredited educational
institutions, such as universities, private/public colleges, and state
community colleges, may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom requires express written permission. Use for any other
purpose is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
possible.
EasiCoid AND/OR ITS RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED AS IS" WITHOUT WARRANTY OF ANY KIND. EasiCoid
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
EasiCoid AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. EasiCoid AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY
TIME.
10. NOTICES REGARDING
SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL EasiCoid AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE
FROM THE SERVICES.
11. MATERIALS
PROVIDED TO EASICOID OR POSTED AT ANY OF ITS YOUR WEBSITE ADDRESSS
EasiCoid does not claim ownership of the
materials User provide to EasiCoid (including feedback and suggestions) or
post, upload, input or submit to any Services or its associated services for
review by the general
public, or by the members of any public or private community, (each a
"Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting ("Posting")
Users Submission User is granting EasiCoid, its affiliated companies and necessary sublicensees
permission to use Users Submission in connection with the operation of their
Internet businesses (including, without limitation, all EasiCoid Services),
including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat Users Submission; to publish Users name in connection with Users
Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to
the use of Users Submission, as provided herein. EasiCoid is under no
obligation to post or use any Submission User may provide and EasiCoid may
remove any Submission
at any time in its sole discretion. By Posting a Submission User warrants and
represents to own or otherwise control all of the rights to Users Submission as
described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload,
input or submit the Submissions.
In addition to the warranty and
representation set forth above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in whole or in part
("Images"), User warrant and represent that (a) User is the copyright
owner of
such Images, or that the copyright owner of such Images has granted User
permission to use such Images or any content and/or images contained in such
Images consistent with the manner and purpose of Users use and as otherwise permitted by these Terms of Use and the
Services, (b) User have the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c)that each person depicted
in such Images, if any, has provided consent to the use of the Images as set
forth in these Terms of Use, including, by way of example, and not as a
limitation, the distribution, public display and reproduction of such Images.
By Posting Images, User is granting (a) to all members of Users private community (for each such Images available to
members of such private community), and/or (b) to the general public (for each
such Images available anywhere on the Services, other than a private
community), permission to use Users Images in connection with the use, as permitted by
these Terms of Use, of any of the Services, (including, by way of example, and
not as a limitation, making prints and gift items which include such Images),
and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat Users Images without having Users name attached to such
Images, and the right to sublicense such rights to any supplier of the
Services. The licenses granted in the preceding sentences for lmages will
terminate at the time User completely remove such Images from the Services,
provided that, such termination shall not affect any licenses granted in
connection with
such Images prior to the time User completely remove such Images. No
compensation will be paid with respect to the use of Users Images.
12. DISCLAIMER OF
WARRANTY; LIMITATION OF LIABILITY
A.
USER EXPRESSLY AGREES THAT USE OF www.easicoid.co.za IS
AT USER'S SOLE RISK. NEITHER EasiCoid, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT www.easicoid.co.za
WILL BE UNINTERRUPTED OR ERROR FREE: NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF www.easicoid.co.za, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH www.easicoid.co.za.
B.
www.easicoid.co.za IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER
SPECIFICALLY ACKNOWLEDGES THAT EasiCoid IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH USER.
D.
IN NO EVENT WILL EasiCoid, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING www.easicoid.co.za OR THE EasiCoid
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE www.easicoid.co.za. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E.
IN ADDMON TO THE TERMS SET FORTH ABOVE NEITHER, EasiCoid,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN www.easicoid.co.za,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER. OR FOR ANY
CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F.
PRIOR TO THE EXECUTION OF A STOCK TRADE,
USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE
TO VERIFY PRICING OR OTHER INFORMATION. EasiCoid, ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY
FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, EasiCoid, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS WARRANTOR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS
OF THIS INFORMATION. ADDMONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
G.
FORCE MAJEURE — NEITHER PARTY WILL BE RESPONSIBLE FOR ANY
FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR
MILITARY AUTHORMES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM
EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER
FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS
(INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15)
DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE
SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS
OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD
PARTY SITES
THE LINKS IN THIS AREA WILL LETYOU LEAVE EasiCoid's SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF EasiCoid AND EasiCoid IS NOT RESPONSIBLE FOR THE
CONTENTS OF
ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. EasiCoid IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SIM, EasiCoid IS PROVIDING THESE LINKS
TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ENDORSEMENT BY EasiCoid OF THE SITE.
EasiCoid a distributor (and not a publisher)
of content supplied by third parties and Users. Accordingly, EasiCoid has no more editorial control over such content
than does a public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available
by third parties, including information providers, Users or any other user of www.easicoid.co.za,
are those of the respective
author(s) or distributor(s) and not of EasiCoid. Neither EasiCoid nor any
third-party provider of information guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available
through www.easicoid.co.za represents the opinions and judgments of the
respective information provider, User, or other user not under contract with EasiCoid.
EasiCoid
neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice or statement made on www.easicoid.co.za by anyone other than
authorized EasiCoid employee spokespersons while acting in their official
capacities. Under no circumstances will EasiCoid be liable for any loss or
damage caused by a User's reliance on information obtained through www.easicoid.co.za.
It is the responsibility of User to evaluate the accuracy, completeness or usefulness of
any information, opinion, advice or other content available through EasiCoid.
Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other content.
14. UNSOLICITED IDEA
SUBMISSION POLICY
EasiCoid OR ANY OF ITS EMPLOYEES DO NOT
ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW
PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
EasiCoid's PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO EasiCoid. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO EasiCoid OR ANYONE AT EasiCoid.
IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU
STILL SEND THEM, PLEASE UNDERSTAND THAT EasiCoid MAKES NO ASSURANCES THAT KM, IDEAS
AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. MONITORING
EasiCoid shall have the right, but not the
obligation, to monitor the content of www.easicoid.co.za, including chat rooms
and forums, to determine compliance with this Agreement and any operating rules
established by EasiCoid and to satisfy any law, regulation or authorized
government request. EasiCoid shall have the right in its sole discretion to
edit, refuse to post or remove any material submitted to or posted on www.easicoid.co.za. Without limiting the foregoing, EasiCoid
shall have the right to remove any material that EasiCoid, in its sole
discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
16. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless EasiCoid,
its affiliates and their respective directors, officers, employees and agents
from and against all claims and expenses, including attorneys' fees, arising
out of the use of EasiCoid
by User or User's Account.
17. TERMINATION
Either EasiCoid or User may terminate this Agreement at
any time. Without limiting the foregoing, EasiCoid shall have the right to
immediately terminate User's Account in the event of any conduct by User which EasiCoid, in its sole discretion, considers
to be unacceptable, or in the event of any breach by User of this Agreement.
18. MISCELLANEOUS
This Agreement and any operating rules for www.easicoid.co.za
established by EasiCoid constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all previous written or
oral agreements
between the parties with respect to such subject matter. This Agreement shall
be construed in accordance with the laws of South Africa, without regard to its
conflict of laws rules. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for convenience only and shall
not be given any legal import.
19. COPYRIGHT NOTICE
EasiCoid its logos are trademarks of EasiCoid all rights
reserved. All other trademarks appearing on EasiCoid are the property of their
respective owners.
20. TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos, people and
events depicted herein are fictitious. No association with any real company,
organization, product, domain name, email address, logo, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are reserved.