Terms and conditions
TERMS AND CONDITIONS OF USE
1.1. These Terms and Conditions of Use will apply to each person who wishes to use thewww.howzit.msn.com website ("the Website") and/or participate in discussion groups ("the Accessor").
1.2. Each Accessor must comply and adhere to these Terms and Conditions of Use in order to access and use the Website or participate in any discussion group and/or competition on the Website.
2.1. The contents of this Website, including but not limited to its compilation and arrangement, is the exclusive property of Kagiso Broadcasting (Proprietary) Limited ("the Website Owner"), alternatively the suppliers of content to the Website Owner, and accordingly remain protected by South African and International Copyright and Trademark laws.
2.2. Any person accessing this Website, may not, save for downloading one copy for their personal computers and solely for their private and non-commercial use copy, disseminate, distribute, advertise, publish, adapt, modify or in any way reproduce the contents of this website for commercial purposes, unless this notice and any disclaimer attached thereto is published in its entirety, or unless the permission of the Website Owner is obtained in writing.
3. LINKS AND SERVICES
During the course of operating this Website, the Accessor may come across or access other interrelated Internet websites. Such links are established for the Accessor's convenience only. The Website Owner shall not be liable in respect of the Accessor's use of such interrelated websites. The individual terms and conditions shall bind the Accessor for the use of such interrelated website.
4. RULES OF CONDUCT
4.1. The Website Owner may from time to time establish bulletin boards, discussion forums, chatrooms and the like. Accessors utilizing such forums will be bound by the following conditions:
4.1.1. the Accessor shall not submit material which is or may be classified as being indecent, vulgar, defamatory, abusive, profane, pornographic or which may be information constituting a criminal offence and / or may incur civil liability in terms of South African Law;
4.1.2. the Website Owner reserves the right to edit, delete, or review any submissions which it views defamatory, abusive, illegal, unconstitutional or contrary to its interests;
4.1.3. the Accessor shall not submit material for the purposes of "spamming";
4.1.4. the Accessor warrants that the submission of any material does not constitute the infringement of copyright, trademark or any other intellectual property right of any other person, alternatively that he/she has obtained the permission of such other person, company or entity to submit such material;
4.1.5. the Accessor will not submit any material to the Website, which contains harmful material or a virus of any nature; and
4.1.6. the Accessor will not submit any material with purpose of utilizing the Website for commercial purposes, or which may contain marketing or promotional material, or which intends to solicit donations on or through the Website.
5. INDEMNITY AND DISCLAIMER
5.1. The Accessor utilizing the Website does so entirely at his/her own risk and entirely on an "As Is" basis.
5.2. The Website Owner does not warrant, nor does it make any representations, express or implied, as to the veracity, correctness or accuracy of any information, data, services, products, material, logo's, text or graphics appearing on this Website.
5.3. The Website Owner makes no warranties and/or representations express or implied, as to the contents of this Website, nor the operation of this Website.
5.4. The Website Owner does not warrant nor does it make any representations for the proper performance of this Website, the accuracy of the images, timeliness or completeness of information or that the Website will be free of harmful material and viruses.
5.5. The Accessor accordingly indemnifies the Website Owner against all and any damages (be it special, consequential, punitive, direct or indirect), loss, and actions and any consequent costs incurred or awarded, whether arising out of any criminal or civil action against the Accessor, and irrespective of whether such action is based on contract, negligence, delict or any other cause of action, arising from but not limited to:
5.5.1. any or all failure, delay or interruption of the Website; or
5.5.2. the use of this Website; or
5.5.3. the information or contents contained in this Website; or
5.5.4. any products, services and the like obtained from this Website.
6. AGREEMENT AS TO USE
6.1. By using and/or accessing the contents of this Website the Accessor accepts the terms and conditions hereof which are binding on the Accessor.
6.2. Should the Accessor violate any of the terms and conditions contained herein, the Website Owner reserves the right to institute the appropriate legal proceedings against the Accessor.