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Terms of Use |
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Terms |
TERMS OF
USE 1. Definitions. "SuperSoft.co.za" is
the interactive on-line portal based
on code and development of various programmers under an Open Source Licence
(see credits) and operated by
SuperSoft a subsidary of JCR International (Pty) Ltd on the World Wide Web and
the Internet, consisting of information services
and content provided by SuperSoft, affiliates of the JCR International (Pty) Ltd
and other third parties. " "The User"" means each person who establishes a
connection for access to and use SuperSoft.co.za.
2.
General.
2.1 By using the SuperSoft portal, the "The User" agrees to comply with
all of the terms and conditions hereof. The right to use SuperSoft.co.za is
personal to the "The User" and is not transferable to any other person or entity.
The "The User" is responsible for all use of the "The User"'s Account and for ensuring
that all use of "The User"'s Account complies fully with the provisions of this
Agreement. "The User" shall be responsible for protecting the confidentiality of
"The User"'s password(s), if any.
2.2 SuperSoft shall have the
right at any time to change or discontinue any aspect or feature of
SuperSoft.co.za, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
3.
Equipment.
"The User" shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
SuperSoft.co.za and all charges related thereto.
4. "The User"
Conduct.
4.1 "The User" shall use SuperSoft.co.za for lawful purposes only.
"The User" shall not post or transmit through SuperSoft.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, vulgar, obscene
or profane, which encourages conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any law, or which, without
SuperSoft's express prior approval, contains advertising or any solicitation
with respect to products or services. Any conduct by a "The User" that in
the discretion of SuperSoft restricts or inhibits any other "The User" from using
or enjoying SuperSoft.co.za will not be permitted. "The User" shall not
use SuperSoft.co.za to advertise or perform any commercial
solicitation.
4.2 SuperSoft.co.za contains copyrighted material, trademarks
and other proprietary information, including, but not limited to, text,
software, photos, video, graphics and the entire contents of SuperSoft are
copyrighted as a collective work of external developers and programmers, under
the South African copyright laws. SuperSoft owns a copyright in the selection, coordination, arrangement and enhancement of
such content, as well as in the content original developed for it and to it.
"The 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. "The User" may download copyrighted material for "The User"'s
personal use only. Except as otherwise expressly permitted under copyright law,
no copying, redistribution, publication or commercial exploitation of downloaded
material will be permitted without the express permission of SuperSoft (email request to administrator@SuperSoft.co.za) 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 or copyright notice shall be made.
"The User" acknowledges that it does not acquire any ownership rights by
downloading copyrighted material.
4.3 "The User" shall not upload, post
or otherwise make available on SuperSoft.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 "The User". "The 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 SuperSoft.co.za, "The User" automatically grants, or warrants that the owner
of such material has expressly granted SuperSoft the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, publish 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. "The User" also permits any other "Users" to access, view, store
or reproduce the material for that "The User"'s personal use. "The User" hereby grants
SuperSoft the right to edit, copy, publish and distribute any material
made available on SuperSoft.co.za by "The User".
4.4 The foregoing
provisions of Section 5 are for the benefit of SuperSoft, 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.
5. Disclaimer of Warranty; Limitation of Liability. 5.1
"The User" expressly agrees that use of SuperSoft.co.za is at "The User"'s sole
risk. Neither SuperSoft, its affiliates nor any of their respective
employees, agents, third party content providers or licensors warrant that
SuperSoft will be uninterrupted or error free; nor do they make any
warranty as to the results that may be obtained from use of SuperSoft.co.za,
or as to the accuracy, reliability or content of any information, service, or
merchandise provided through SuperSoft.
5.2 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, communication line failure, theft or destruction or unauthorised
access to, alteration of, or use of record, whether for breach of contract,
negligence, or under any other cause of action. "The User" specifically
acknowledges that SuperSoft is not liable for the defamatory,
offensive or illegal conduct of other "The User's" or third-parties and that the
risk of injury from the foregoing rests entirely with the "The User".
5.3 In addition
to the terms set forth above neither, SuperSoft, 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 the information contained within SuperSoft.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
6. Monitoring.
SuperSoft shall have the right, but not the
obligation, to monitor the content of SuperSoft.co.za, including chat rooms
and forums, to determine compliance with this Agreement and any operating rules
established by the SuperSoft. SuperSoft shall have the right
in its sole discretion to edit, refuse to post or remove any material submitted
to or posted on SuperSoft.co.za.
7. Indemnification.
"The
User" agrees to defend, indemnify and hold harmless SuperSoft, 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 the SuperSoft.co.za by the "The User".
Copyright All contents Copyright © 2005, SuperSoft
.
The entire
contents and presentation of SuperSoft.co.za are the intellectual property of
SuperSoft and must not be reproduced in whole or part. We readily
give permission for 3rd parties to reproduce our content provided a formal
request for permission has been received and approved by the SuperSoft.
You can do this by sending an email to
support@SuperSoft.
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