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DISCLAIMER |
Please
read the terms and conditions of use carefully before using this
site. By using this site, you agree to the terms of use. If you do
not agree to the terms of use, you may not use the site. We reserve
the right, at our discretion, to change, modify, add, or remove
portions of the terms at any time. Prices and information are also
subject to change at any time. Alterations of the site in no way
affect the terms themselves. Please check the terms periodically for
changes. Your continued use of the site following the posting of
changes to the terms will mean you accept those changes.
Restrictions
on Use
This
site is owned by YELLOW SEA and operated by E-Technik Website Development (PTY) LTD.
(hereinafter "E-Technik", "we", "us",
or "our"). No material from YELLOW
SEA site or any web site owned, operated, licensed, or
controlled by E-Technik may be copied, reproduced, republished,
posted, transmitted, or distributed in any way, except that you may
download one copy of the materials on any single computer for your
personal, noncommercial use only. By doing so, you agree to keep
intact all copyright, trademark and other proprietary notices.
Modification of the materials or use of the materials for any other
purpose is a violation of E-Technik's intellectual property rights.
For purposes of these terms, the use of any such material on any
other web site or electronic network medium is prohibited. All
trademarks, service marks, and trade names are property of
YELLOW
SEA
.
In
the event you download anything from the site, the software,
including any files, images, or data accompanying the software
(collectively, the "software") are licensed to you by
E-Technik for the limited use described in the preceding paragraph.
E-Technik transfers no right, title or interest to the software to
you. E-Technik retains full and complete title to the software, and
all intellectual property rights therein. You may not redistribute,
sell, decode, reverse engineer, disassemble, or otherwise reduce the
software to a human-perceivable form. If you are interested in
gaining permission for online use of photos, or permission to use
our logos and/or trail map online, please send us an email outlining
the specifics of your request.
Intellectual
Property
You
expressly recognize and agree that E-Technik's trademarks are the
sole property of E-Technik or its subsidiaries and affiliates. You
do not have any right, title or interest in such or any use thereof,
including but not limited to the reproduction of any such
trademarks. You agree that all the trademarks have great value and
good will and, in the event of a breach of this section, injury to
E-Technik would be irreparable and, therefore, injunctive relief to
protect E-Technik's interests would be appropriate (without
limitation as to other damages which might be allowed by law).
Jurisdictional
Issues
Unless
otherwise specified, the materials in the site are presented solely
for the purpose of promoting
YELLOW
SEA
.
This agreement shall be governed by and interpreted in accordance
with the laws of the
South
Africa
.
Exclusive jurisdiction and venue for any legal proceedings related
to this agreement shall be in
South
Africa
.
You hereby consent and submit to the jurisdiction of such courts for
the purposes of litigating any such action.
Termination
The
terms and conditions are effective until terminated by either party.
You may terminate this agreement at any time by destroying all
software or other intellectual property obtained from any E-Technik
site and all copies and installations thereof. The terms and
conditions may terminate immediately without notice from E-Technik
if in E-Technik's sole discretion you fail to comply in any way
therewith. Should you choose to terminate, you must destroy all
software and other intellectual property obtained from any E-Technik
site and any copies thereof.
Disclaimer
This
site is provided "as is" and without warranties of any
kind either express or implied. To the fullest extent permissible
pursuant to applicable law, E-Technik disclaims all warranties,
express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose.
In no way does E-Technik warrant the site or its operation will be
error-free or uninterrupted. In no way does E-Technik warrant that
defects will be corrected, or that the site is free from viruses and
the like. In no way does E-Technik warrant use of the site in terms
of accuracy, reliability, or otherwise. You assume the entire cost
of all necessary repairs. Furthermore, YELLOW
SEA expressly disclaims any responsibility for the accuracy or
reliability of sites that link to or from YELLOW
SEA site that are not produced by E-Technik. In no way does
YELLOW
SEA
warrant the security of transmission of information you may be
requested to provide such sites, and you hereby irrevocably waive
any claim against us with respect to such sites.
Limitation
of Liability
Under
no circumstances shall E-Technik be liable for any special or
consequential damages that may occur during the use of, or the
inability to use, this site, even if E-Technik or an agent of
E-Technik has been advised of the possibility of such damages. Local
jurisdictions may prohibit the limitation of certain types of
liability, therefore this section may not apply to you. In any
event, E-Technik's total tort or contract liability to you for all
damages, losses, and causes of action will not exceed the amount
paid by you for accessing this site.
Miscellaneous
Severability.
If any clause or provision of this agreement shall be held to be
invalid in whole or in part, then the remaining clauses and
provisions, or portions thereof, shall nevertheless be and remain in
full force and effect. Amendment. No amendment, alteration,
modification of or addition to this agreement shall be valid or
binding unless expressed in writing and signed by the parties to be
bound thereby.
Captions.
The captions of each section are added as a matter of convenience
only and shall be considered of no effect in the construction of any
provision of this agreement. Attorneys' fees. If any party hereto
shall bring any suit or action against another for relief,
declaratory or otherwise, arising out of this agreement, the
prevailing party shall have and recover against the other party, in
addition to all court costs and disbursements, such sum as the court
may adjudge to be reasonable attorneys' fees.
Survival.
Any and all warranties, provisions, rights and obligations of the
parties herein described and agreed to be performed subsequent to
the termination of this agreement shall survive the termination of
this agreement.
Waiver.
Failure to insist upon strict compliance with any of the terms,
covenants and conditions hereof shall not be deemed a waiver of such
terms, covenants and conditions, nor shall any waiver or
relinquishment of any right or power hereunder at any one or more
times be deemed a waiver or relinquishment of such right or power at
any other time or times. No waiver shall be valid unless in writing
and signed by an authorized officer of E-Technik.
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