Minanawe Marketing
Web Site Disclaimer
The Minanawe Marketing Web Site (the "Site") is an online
information service provided by Minanawe Marketing ("Minanawe
Marketing"), subject to your compliance with the terms and
conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SITE. Minanawe Marketing MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Minanawe Marketing, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your
own non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the
materials. You agree to grant to Minanawe Marketing a
non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and
publicly perform any materials and other information
(including, without limitation, ideas contained therein for
new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to Minanawe Marketing by all means
and in any media now known or hereafter developed. You also
grant to Minanawe Marketing the right to use your name in
connection with the submitted materials and other information
as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall
have no recourse against Minanawe Marketing for any alleged or
actual infringement or misappropriation of any proprietary
right in your communications to Minanawe Marketing.
TRADEMARKS.
Publications, products, content or services referenced herein
or on the Site are the exclusive trademarks or servicemarks of
Minanawe Marketing. Other product and company names mentioned
in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by Minanawe
Marketing, Minanawe Marketing does not operate, control or
endorse any information, products or services on the Internet in
any way. Except for Minanawe Marketing-identified information,
products or services, all information, products and services
offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with Minanawe
Marketing. You also understand that Minanawe Marketing cannot
and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. Minanawe Marketing PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND Minanawe Marketing
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. Minanawe Marketing DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT
YOUR RISK. Minanawe Marketing HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Minanawe Marketing BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF Minanawe Marketing OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, Minanawe Marketing LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Minanawe Marketing makes no representations whatsoever about any
other web site which you may access through this one or which
may link to this Site. When you access a non-Minanawe Marketing
web site, please understand that it is independent from Minanawe
Marketing, and that Minanawe Marketing has no control over the
content on that web site. In addition, a link to a Minanawe
Marketing web site does not mean that Minanawe Marketing
endorses or accepts any responsibility for the content, or the
use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Minanawe
Marketing, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from
any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Minanawe Marketing and
its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against
you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of South Africa applicable to agreements made and
to be performed in South Africa. You agree that any legal action
or proceeding between Minanawe Marketing and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in South Africa. Any cause of
action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. Minanawe
Marketing's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of this Agreement. Minanawe Marketing may assign its
rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.