The Tour de Soweto Web Site (the "Site") is an online information
service provided by Minanawe Marketing ("Tour de Soweto "), 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.
Tour de Soweto 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 Tour de Soweto, 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 Tour de Soweto 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 Tour de Soweto by all means and in any
media now known or hereafter developed. You also grant to Tour de
Soweto 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 Tour de Soweto for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to Tour de Soweto.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of Tour de
Soweto. 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 Tour de Soweto, Tour de
Sowetodoes not operate, control or endorse any information, products
or services on the Internet in any way. Except for Tour de Soweto-
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
Tour de Soweto a. You also understand that Tour de Soweto 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. Tour de Soweto 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 Tour de Soweto 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. Tour de Soweto 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.
Tour de Soweto HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Tour de Soweto 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 Tour de Soweto 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,
Tour de Soweto LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
Tour de Soweto 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-Tour de Soweto web site, please
understand that it is independent from Tour de Soweto, and that Tour
de Soweto has no control over the content on that web site. In
addition, a link to a Tour de Soweto web site does not mean that
Tour de Soweto 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 Tour de Soweto, 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 Tour de Soweto 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 Tour de Soweto 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. Tour de Soweto'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. Tour
de Soweto 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.
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