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TERMS OF USE
1. Definitions.
"CARtoday.com" is the interactive on-line service
operated by Ramsay. Son & Parker (Pty) Ltd on the
World Wide Web of the Internet, consisting of information
services and content provided by CARtoday.com, affiliates
of CARtoday.com and other third parties. "Visitor"
means each person who establishes a connection for access
to and use of CARtoday.com.
2. General.
2.1 By using CARtoday.com Visitor agrees to comply
with all of the terms and conditions hereof. The right
to use CARtoday.com is personal to the Visitor and is
not transferable to any other person or entity. The
Visitor is responsible for all use of the Visitor's
Account and for ensuring that all use of Visitor's Account
complies fully with the provisions of this Agreement.
Visitor shall be responsible for protecting the confidentiality
of Visitor's password(s), if any.
2.2 CARtoday.com shall have
the right at any time to change or discontinue any aspect
or feature of CARtoday.com, including, but not limited
to, content, hours of availability, and equipment needed
for access or use.
3. Equipment.
Visitor shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment
needed for access to and use of CARtoday.com and all
charges related thereto.
4. Visitor Conduct.
4.1 Visitor shall use CARtoday.com for lawful
purposes only. Visitor shall not post or transmit through
CARtoday.com 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 CARtoday.com's express prior approval,
contains advertising or any solicitation with respect
to products or services. Any conduct by a Visitor that
in CARtoday.com's discretion restricts or inhibits any
other Visitor from using or enjoying CARtoday.com will
not be permitted. Visitor shall not use CARtoday.com
to advertise or perform any commercial solicitation.
4.2 CARtoday.com contains copyrighted
material, trademarks and other proprietary information,
including, but not limited to, text, software, photos,
video, graphics and the entire contents of CARtoday.com
are copyrighted as a collective work under the South
African copyright laws. CARtoday.com owns a copyright
in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original
to it. Visitor 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. Visitor may download copyrighted material for
Visitor'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 CARtoday.com (email request to webmaster@CARtoday.com)
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. Visitor acknowledges
that it does not acquire any ownership rights by downloading
copyrighted material.
4.3 Visitor shall not upload,
post or otherwise make available on CARtoday.com 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 Visitor. Visitor
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 CARtoday.com,
Visitor automatically grants, or warrants that the owner
of such material has expressly granted CARtoday.com
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. Visitor also permits any other Visitor
to access, view, store or reproduce the material for
that Visitor's personal use. Visitor hereby grants CARtoday.com
the right to edit, copy, publish and distribute any
material made available on CARtoday.com by Visitor.
4.4 The foregoing provisions
of Section 5 are for the benefit of CARtoday.com, 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 Visitor expressly agrees that use of CARtoday.com
is at visitor's sole risk. Neither CARtoday.com, its
affiliates nor any of their respective employees, agents,
third party content providers or licensors warrant that
CARtoday.com will be uninterrupted or error free; nor
do they make any warranty as to the results that may
be obtained from use of CARtoday.com, or as to the accuracy,
reliability or content of any information, service,
or merchandise provided through CARtoday.com.
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. Visitor specifically acknowledges that CARtoday.com
is not liable for the defamatory, offensive or illegal
conduct of other visitors or third-parties and that
the risk of injury from the foregoing rests entirely
with the visitor.
5.3 In addition to the terms
set forth above neither, CARtoday.com, 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 CARtoday.com, or for any delay or interruption
in the transmission thereof to the user, or for any
claims or losses arising there from 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.
CARtoday.com shall have the right, but not the obligation,
to monitor the content of CARtoday.com, including chat
rooms and forums, to determine compliance with this
Agreement and any operating rules established by CARtoday.com.
CARtoday.com shall have the right in its sole discretion
to edit, refuse to post or remove any material submitted
to or posted on CARtoday.com.
7. Indemnification.
Visitor agrees to defend, indemnify and hold harmless
CARtoday.com, 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 CARtoday.com by the Visitor.
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