|MyDL Terms of Service|
Tuesday, 01 May 2007 14:51
www.mydl.co.za ; www.mydigitallife.co.za and all linked pages ("Site"), are owned and operated by ITWeb (Pty) Ltd. ("MyDL"), a business operating in the Republic of South Africa`, and is accessed by you ("User") under the following terms and conditions:
1. Access to the Services
Subject to the terms and conditions of this Agreement, MyDL may offer to provide certain services, as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"), solely for User's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, MyDL feeds and the Public Application Programming Interface ("API"). MyDL may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. MyDL may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. MyDL reserves the right, at its discretion, to modify this User Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this User Agreement as modified.
User certifies to MyDL that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. Site Content
The Site and its contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
MyDL requests that, according to standard academic practice, if a User uses the Service for any research that results in an article, a book, or other publication, the User lists MyDL as a resource in User's bibliography.
User acknowledges and agrees that if User uses any of the Services to contribute Content to the Site, MyDL is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. MyDL reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if MyDL is concerned that User may have breached the immediately preceding sentence), or for no reason at all. In the same vein MyDL reserves the right to remove a User from the site and ban them from returning.
User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any MyDL user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.
4. Warranty Disclaimer
MyDL has no special relationship with or fiduciary duty to User. User acknowledges that MyDL has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases MyDL from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. MyDL makes no representations concerning any content contained in or accessed through the Site, and MyDL will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
MyDL will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on MyDL's equipment, transmitted over networks accessed by the Site, or otherwise connected with User's use of the Services.
5. Registration and Security
As a condition to using certain Services, User may be required to register with MyDL and select a password and User name ("MyDL User ID"). User shall provide MyDL with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a MyDL User ID a name of another person with the intent to impersonate that person; or (ii) use as a MyDL User ID a name subject to any rights of a person other than User without appropriate authorization. MyDL reserves the right to refuse registration of, or cancel a MyDL User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's MyDL password.
User will indemnify and hold MyDL, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.
Either party may terminate the Services at any time by notifying the other party by any means. MyDL may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MyDL shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MyDL's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with MyDL's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa without regard to the conflict of laws provisions thereof. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration. Both parties agree that this Agreement, MyDL's Privacy Statement, and other policies posted by MyDL on the Site are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind MyDL in any respect whatsoever.
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