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Terms of Use
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AGREEMENT BETWEEN USER AND milkworx.co.za
The milkworx.co.za
Web Site is comprised of various Web pages operated by milkworx.co.za.
The milkworx.co.za Web Site is offered to you conditioned
on your acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the milkworx.co.za Web Site constitutes your agreement
to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS
OF USE
milkworx.co.za reserves the right to
change the terms, conditions, and notices under which the milkworx.co.za
Web Site is offered, including but not limited to the charges associated with the
use of the milkworx.co.za Web Site.
LINKS TO THIRD PARTY SITES
The milkworx.co.za Web Site may contain
links to other Web Sites (Linked Sites). The Linked Sites are not under the control
of milkworx.co.za and milkworx.co.za is not responsible for the
contents of any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. milkworx.co.za
is not responsible for webcasting or any other form of transmission received from
any Linked Site. milkworx.co.za is providing these links to you only as
a convenience, and the inclusion of any link does not imply endorsement by milkworx.co.za
of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the milkworx.co.za
Web Site, you warrant to milkworx.co.za that you will not use the milkworx.co.za
Web Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the milkworx.co.za Web Site in any manner
which could damage, disable, overburden, or impair the milkworx.co.za Web
Site or interfere with any other partys use and enjoyment of the milkworx.co.za
Web Site. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the milkworx.co.za
Web Sites.
USE OF COMMUNICATION SERVICES
The milkworx.co.za Web Site may contain
bulletin board services, chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication facilities designed
to enable you to communicate with the public at large or with a group (collectively,
Communication Services), you agree to use the Communication Services only to post,
send and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
- Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
- Publish,
post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files
that contain software or other material protected by intellectual property laws
(or by rights of privacy of publicity) unless you own or control the rights thereto
or have received all necessary consents.
- Upload files
that contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of anothers computer.
- Advertise
or offer to sell or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages.
- Conduct
or forward surveys, contests, pyramid schemes or chain letters.
- Download
any file posted by another user of a Communication Service that you know, or reasonably
should know, cannot be legally distributed in such manner.
- Falsify
or delete any 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.
- Restrict
or inhibit any other user from using and enjoying the Communication Services.
- Violate
any code of conduct or other guidelines which may be applicable for any particular
Communication Service.
- Harvest
or otherwise collect information about others, including e-mail addresses, without
their consent.
- Violate any applicable laws or regulations.
milkworx.co.za
has no obligation to monitor the Communication Services. However, milkworx.co.za
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. milkworx.co.za reserves the
right to terminate your access to any or all of the Communication Services at any
time without notice for any reason whatsoever.
milkworx.co.za reserves
the right at all times to disclose any information as 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 milkworx.co.zas
sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication Service. milkworx.co.za
does not control or endorse the content, messages or information found in any Communication
Service and, therefore, milkworx.co.za specifically disclaims any liability
with regard to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized milkworx.co.za
spokespersons, and their views do not necessarily reflect those of milkworx.co.za.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO milkworx.co.za
OR POSTED AT ANY milkworx.co.za WEB SITE
milkworx.co.za does not claim ownership
of the materials you provide to milkworx.co.za (including feedback and
suggestions) or post, upload, input or submit to any milkworx.co.za Web
Site or its associated services (collectively Submissions). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting milkworx.co.za,
its affiliated companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. milkworx.co.za is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time in milkworx.co.zas
sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE milkworx.co.za WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. milkworx.co.za AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE milkworx.co.za WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE milkworx.co.za WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
milkworx.co.za AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
milkworx.co.za WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. milkworx.co.za
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL milkworx.co.za AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE milkworx.co.za
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE milkworx.co.za WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE milkworx.co.za WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
milkworx.co.za WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF milkworx.co.za OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE milkworx.co.za WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE milkworx.co.za
WEB SITE.
TERMINATION/ACCESS RESTRICTION
milkworx.co.za reserves the right, in
its sole discretion, to terminate your access to the milkworx.co.za Web
Site and the related services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is governed by the
laws of the State of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes
arising out of or relating to the use of the milkworx.co.za Web Site. Use
of the milkworx.co.za Web Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and milkworx.co.za
as a result of this agreement or use of the milkworx.co.za Web Site. milkworx.co.zas
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of milkworx.co.zas
right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the milkworx.co.za Web Site or information provided
to or gathered by milkworx.co.za with respect to such use. If any part
of this agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the user
and milkworx.co.za with respect to the milkworx.co.za Web Site
and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and milkworx.co.za with respect
to the milkworx.co.za Web Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d subject
to the same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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