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1. PP
may at its sole discretion, amend these terms and conditions from time
to time at which time the new
terms and conditions will immediately come
into effect in respect of further usage.
2.
A subscription constitutes one licenced user. PP maintains the web site,
PrivateProjects.co.za (the Site) as a
service to those who may choose to
access the Site. PP allows ("Users") to visit the Site
and download and
copy the information, documents and materials ("Materials")
from the Site. Material is for User's personal use,
without any right
to resell, redistribute or create derivative works there from, subject
to the
terms and conditions outlined below, and also subject to more specific
restrictions that may apply to
specific material within this Site.
3.
This Site contains bulletin boards and access to mailing lists and other message
or communication facilities
(collectively, "Forums"),
Users agrees to use the Forums only to send and receive messages and material
that
are proper and related to the particular Forum. By way of example,
and not as a limitation,
Users agrees that when using a Forum, User shall
not do any of the following:
- Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish
post, distribute or disseminate any defamatory, infringing, obscene,
indecent or
unlawful material or information.
- Upload
or attach files that contain software or other material protected by
intellectual property laws
(or by rights of privacy of publicity) unless
User owns or controls the rights thereto or
have received all necessary
consents.
- Upload
or attach files that contain viruses, corrupted files, or any other
similar software or
programs that may damage the operation of another's
computer.
- Delete
any author attributions, legal notices or proprietary designations or
labels in any file that is uploaded.
- Falsify
the origin or source of software or other material contained in a file
that is uploaded.
- Conduct
or forward surveys, contests, or chain letters. Download any file posted
by another user of a Forum that the User knows, or reasonably should
know, cannot be legally distributed in such manner.
4.
User acknowledges that such communications shall not be considered reviewed,
screened, or approved by PP.
PP reserves the right for any reason to remove
without notice any contents of the Forums received from Users,
including
without limitation e-mail and bulletin board postings.
5. PP
reserves all copyrights and other rights in and to any content available
through the service that is identified
as, claimed by PP as, or known
by the user to be, proprietary to PP or its licensors or suppliers.
The
content on the service is protected under applicable copyright law, including
all collective work.
6.
The User or designated User who places or has placed software, a file,
information, communication or other
content on, in, over or through the
accessible areas of the service grants to PP or assignees an exclusive,
paid-up, perpetual and worldwide right to copy, distribute, display, perform,
publish, translate, adapt, modify
and otherwise use in connection with
PP'S business or the business of PP'S assignees such software, files,
information, communications and other content, regardless of the medium,
technology or
form utilised by PP in the exercise of this grant.
7. PP
will be entitled in its sole discretion and without notice to provide
user information and records to the courts,
law enforcement agencies,
others involved in prosecuting claims or investigations for conduct or
conditions
alleged or believed to be illegal or to violate or threaten
rights of any person or entity, and to maintain and
use internally such
information and records.
8. PP
may also provide online and e-mail communications to the User on matters
pertaining to the service,
its
features, its sponsors, or its use without
compensation to the User,
but shall do so reasonably and in good faith.
9.
The User acknowledges that advertising and promotion may occur on the
service and that the user shall not
have any claim with respect to any
proceeds from such activities.
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10.
The use of the User information and the disposal or dissemination thereof
shall not constitute invasion of
privacy by PP.
11.
The service is distributed in good faith without any warranties either
express or implied, including any implied
warranties of the merchantability,
non-infringement of third party rights, freedom from viruses or
other
harmful code or fitness for a particular purpose.
12.
Use of the service is at the User's sole risk. Neither PP nor any of its
information providers, licensors, suppliers,
employees, agents, or Internet
Service Providers ("the suppliers") guarantee that the service
will be
uninterrupted, error-free, accurate or correct nor shall they
be held liable for any direct, indirect, incidental,
special, or consequential
damages arising out of the use of the service or inability to use the
service or
out of any breach of this agreement.
13.
Unless expressly stated otherwise, the findings interpretations and conclusions
expressed in the Materials in
this Site are those of the various authors
of the work and are not necessarily those of PP (PP)
14.
In particular, the content does not constitute any form of advice, recommendation
or arrangement by
123contracting, PP or its associated information providers,
and is not intended to be relied upon by users in
making (or refraining
from making) any specific investment or other decisions. Appropriate independent
advice
should be obtained before making any such decision. Any arrangements
made between User and any third party
named on this Site are at User's
sole risk and responsibility.
15.
This site may contain advice, opinions, and statements of various information
providers and content providers.
PP does not represent or endorse the
accuracy or reliability of any advice, opinion, statement or
other information
provided by any information provider or content provider, or any user
of this site or
other person or entity. Reliance upon any such opinion,
advice, statement, or other information shall also be at
User's own risk.
The User waives any claim which the User may have against PP, its subsidiaries
and
other affiliated companies and their employees, contractors and officers
in respect of any selection of, or
retention of, or the acts or omissions
of, third parties in connection with the service.
16.
The PrivateProjects.co.za site may produce automated search results or otherwise
link User to other sites on
the Internet. These sites may contain information
or material that some people may find inappropriate or
offensive. These
other sites are not under the control of PP and the user acknowledges
that PP is not
responsible for the accuracy, copyright compliance, legality
or decency of any other aspect or the content of
such sites. The inclusion
of such a link does not imply endorsement of the site by PP or
any association
with its operators.
17.
User specifically acknowledges and agrees that PP is not liable for any
conduct of any User.
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18. PP
reserves its exclusive right in its sole discretion to alter, limit or
discontinue the site or any Materials in any
respect. PP shall have no
obligation to take the needs of any user into consideration in connection
therewith.
19. PP
reserves its exclusive right to monitor or review for quality control
and other reasonable business purposes
any communications taking place
on this SITE.
20. PP
will be entitled at its sole discretion and without notice, to provide
user information and records to the
courts, law enforcement agencies and
others involved in prosecuting claims or investigations for conduct or
conditions alleged or believed to be illegal or to violate or threaten
rights of any person or entity,
and to maintain and use internally such
information and records.
21. PP
reserves the right to deny in its sole discretion any user access to this
Site or
any portion thereof without notice.
22.
No waiver by PP of any provision of this Agreement shall be binding except
as set forth in a writing signed by
its duly authorized representative.
23.
This agreement contains the whole agreement between the parties and no
other warranty or
undertaking is valid, unless contained in this document
between the parties.
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