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TERMS OF USE 1. Definitions. "louisesmit.co.za" is the web site based on code and development of various programmers under an Open Source Licence and operated by SuperSoft a subsidary of JCR International (Pty) Ltd on the World Wide Web and the Internet for Louise Smit Productions, consisting of information services and content provided by Louise Smit Productions, affiliates of the Louise Smit Productions and other third parties. " "The User"" means each person who establishes a connection for access to and use of louisesmit.co.za. 2. General. 2.1 By using the louisesmit.co.za web site, the "The User" agrees to comply with all of the terms and conditions hereof. The right to use louisesmit.co.za is personal to the "The User" and is not transferable to any other person or entity. The "The User" is responsible for all use of the "The User"'s Account and for ensuring that all use of "The User"'s Account complies fully with the provisions of this Agreement. "The User" shall be responsible for protecting the confidentiality of "The User"'s password(s), if any. 2.2 The Louise Smit Productions shall have the right at any time to change or discontinue any aspect or feature of louisesmit.co.za, including, but not limited to, content, hours of availability, and equipment needed for access or use. 3. Equipment. "The User" shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of louisesmit.co.za and all charges related thereto. 4. "The User" Conduct. 4.1 "The User" shall use louisesmit.co.za for lawful purposes only. "The User" shall not post or transmit through louisesmit.co.za any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene or profane, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the Louise Smit Productions's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a "The User" that in the Louise Smit Productions's discretion restricts or inhibits any other "The User" from using or enjoying the louisesmit.co.za will not be permitted. "The User" shall not use the louisesmit.co.za to advertise or perform any commercial solicitation. 4.2 louisesmit.co.za contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics and the entire contents of louisesmit.co.za are copyrighted as a collective work of external developers and programmers, under the South African copyright laws. the Louise Smit Productions owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original developed for it and to it. "The User" may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. "The User" may download copyrighted material for "The User"'s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of Loiuse Smit Productions (email request to editor@supersoft.co.za ) and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made. "The User" acknowledges that it does not acquire any ownership rights by downloading copyrighted material. 4.3 "The User" shall not upload, post or otherwise make available on louisesmit.co.za any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with "The User". "The User" shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of louisesmit.co.za, "The User" automatically grants, or warrants that the owner of such material has expressly granted the Louise Smit Productions the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. "The User" also permits any other "Users" to access, view, store or reproduce the material for that "The User"'s personal use. "The User" hereby grants the Louise Smit Productions the right to edit, copy, publish and distribute any material made available on louisesmit.co.za by "The User". 4.4 The foregoing provisions of Section 5 are for the benefit of Louise Smit Productions, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. 5. Disclaimer of Warranty; Limitation of Liability. 5.1 "The User" expressly agrees that use of louisesmit.co.za is at "The User"'s sole risk. Neither Louise Smit Productions, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that louisesmit.co.za will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of louisesmit.co.za, or as to the accuracy, reliability or content of any information, service, or merchandise provided through louisesmit.co.za. 5.2 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. "The User" specifically acknowledges that Louise Smit Productions is not liable for the defamatory, offensive or illegal conduct of other "The User's" or third-parties and that the risk of injury from the foregoing rests entirely with the "The User". 5.3 In addition to the terms set forth above neither, Louise Smit Productions, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within the louisesmit.co.za, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages 6. Monitoring. Louise Smit Productions shall have the right, but not the obligation, to monitor the content of louisesmit.co.za, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the Louise Smit Productions. Louise Smit Productions shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the louisesmit.co.za. 7. Indemnification. "The User" agrees to defend, indemnify and hold harmless Louise Smit Productions, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the louisesmit.co.za by the "The User". Copyright All contents Copyright © 2005, Louise Smit Productions . The entire contents and presentation of louisesmit.co.za are the intellectual property of Louise Smit Productions and must not be reproduced in whole or part. We readily give permission for 3rd parties to reproduce our content provided a formal request for permission has been received and approved by Louise Smit Productions. You can do this by sending an email to editor@supersoft.co.za.