Terms of Service

Legal 640

This Terms of Service is effective as of March 01, 2011

This Terms of Service is applicable to the domain and website of Leeupoort (.) Com, all facilities, sub-directories and sub-domains within the domain, hereafter collectively referred to as “website”.

THIS WEBSITE REQUIRES CONSIDERATION OF THE FOLLOWING FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.

Reading and accepting each of the following Requirements and Provisions of this website are required considerations for the website granting you the right to visit, read or interact with it:

  • Terms of Service (This Document)
  • Privacy Policy
  • Disclaimers

All persons are denied access to this website unless they read and accept all Requirements and Provisions mentioned above (collectively called herein and hereafter as the “Agreement” between Visitors and the Website). If you do not agree with these terms, you should leave this website and may not use or refer to any of the content anywhere else, except in confidential correspondence directly to us to report abuse or to request compliance according to our Terms of Service.

By viewing, visiting, using, or interacting with this website or with any banner, pop-up, or advertising that appears on it, you are agreeing to all the provisions of this Terms of Service, the Privacy Policy, the Public Discussion Agreement and the Disclaimers of this website.

All persons under the age of 13 are denied access to this website unless under the supervision of a parent or guardian. If you are under 18 years of age, you must have permission of a parent or guardian before you visit this Website. If you are under 18, it is unlawful for you to supply any of your personal details to this Website without the permission of a parent or guardian, and you may NOT comment on any publication or submit anything to this Website. This website specifically denies access to any individual that is under the age of 13.

This website reserves the right to deny access to any person or viewer for any reason. Under the terms of the Privacy Policy, which you accept as a condition for viewing, the website is allowed to collect and store data and information for the purpose of exclusion and for many other uses.

The Terms of Service agreement may change from time to time. Visitors have an affirmative duty, as part of the consideration for permission to view this website, to keep themselves informed of changes.

PARTIES TO THE TERMS OF SERVICE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein and hereafter as “Visitor(s),” are parties to this agreement. The website and its owners, partners, subsidiaries, employees and/or operators are parties to this agreement, herein and hereafter referred to as “Website.”

LEGAL COMPLIANCE

This Website is committed to comply with any International law and will not tolerate any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, malicious, invasive of a person’s privacy, adult material, or material otherwise in violation of the law in any of our common public places. This Website is also committed to remove any copyrighted material posted in news feeds or by site members, whom shall also agree not to engage in any spam, flooding, e-mail advertisements, chain letters, pyramid schemes, or solicitations. Contact us to report any abuse, copyright violations or to request any other legal compliance.

USE OF INFORMATION FROM THIS WEBSITE

Material contained on the Website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of Website content for any reason is unlawful unless it is done with express contract or permission of the Website.

Unless you have entered into an express written contract with this Website to the contrary, Visitors have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. Visitors have no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason and for any purpose whatsoever.

By viewing the contents of this Website you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Visitor(s) warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

CONTACT ASSETS LICENSE RESTRICTIONS

All personal identifiable information, e-mail addresses and contact details published or hosted, collectively called ‘Contact Assets’, at this Website are subject to License Restrictions and Fees. No organization, person or Visitor may facilitate or engage in the collection, use or distribution of the Website Contact Assets beyond the scope of this license without our prior written consent. The collection and distribution of Contact Assets are prohibited under this license. The free use of this Website Contact Assets is limited to human Visitors for transactions and personal use in one-to-one communications to this Website only. It may not be used in any form of communication to any other domain, website, destination, business or private address. The use of this Website Contact Assets in any form of communication to any other domain, website, destination, business or private address is subject to a license fee of US$50 per destination multiplied by the number of users with access to our Contact Assets at each destination. This Website reserves all rights to Contact Assets and the fees due under this license.

HYPERLINKING TO WEBSITE, CO-BRANDING, “FRAMING” AND REFERENCING PROHIBITED

Unless expressly authorized by Website, no one may hyperlink to internal pages at this Website other than the Website Blog Directory (Leeupoort.com/blog). Hyperlinks to all administrative sub-directories and internal pages in other directories at this Website, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason is prohibited. Further, you are not allowed to reference prohibited URLs (website addresses) of this Website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and to be liable for all damages. You hereby agree to liquidated damages of US$10,000.00 plus costs and actual damages for violating this provision.

WEBSITE FIREWALL AND ANTIVIRUS

This Website implements technologies to passively protect all Website content from undesired activities, modifications and access. Our aim with these technologies is to protect our Visitors and their privacy, and our online assets and data. Visitors acknowledge that we cannot accept risks by granting some Visitors access to the Website if they pose any risks, irrespective of who they are and the type of risk that we identify. The Website reserve the right to lockout a Visitor indefinitely and to remove all material submitted by any Visitor without notification to the Visitor if it poses any risk or if it is in violation of our terms. Furthermore this Website also reserve the right to publish all details about bad events, and a Visitor to the Website waiver any Privacy Protection if he or she engages in illegal activities, spamming, theft of Website data or assets, cause damages, harvest or share intellectual property, or do not comply with the Website Terms of Service.

INDEMNIFICATION

Visitors agree that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.

DISCLAIMERS

The following Disclaimers form part and parcel of the Website Terms of Service although it is published separately:

  • Advertisement Disclaimer
  • Disclaimer for Harm Caused by Download
  • Disclaimer for Harm Caused to your Computer or Software from Interacting with this Website or its Contents.
  • Visitor assumes all Risk of Viruses, Worms, or other Corrupting Factors.
  • RSS Media and News Import Disclaimer
  • Hyperlinks and Remote Site Disclaimer
  • Disclaimer for Contents of the Website

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this Website, including banners, advertising, or pop-ups, downloads, and as a condition of the Website to allow lawful viewing, Visitors forever waives all right to claim for damages of any and all descriptions based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

VALIDITY OF CLAUSES AND DISCREPANCIES

Each paragraph in the Terms of Service shall be interpreted as a clause in the agreement between Visitors and the Website. If any paragraph or clause in this agreement cannot be enforced due to legal technicalities or for any other reason, it shall not have any impact on the remainder of the Agreement or void any other paragraph or clause in the agreement. The following Requirements and Provisions are all parts in the Agreement between Visitors and the Website, and are only separated for readability purposes:

  • Terms of Service (This Document)
  • Privacy Policy
  • Disclaimers

However if any discrepancy should arise between any of the aforementioned Requirements and Provisions (collectively called the “Agreement” between Visitors and the Website), the Terms of Service (main agreement) shall override any of the paragraphs or clauses in the Privacy Policy and Public Discussion Agreement. Disclaimers however remain part and parcel of the Terms of Service.

SUBMISSIONS

Visitors agree as a condition of viewing, that any communication between Visitors and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitors agree to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

AGREEMENT NOTICE

No additional notice of any kind for any reason is due to Visitors and Visitors expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the Website.

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this Website, Visitors agree to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to a Website service, a product, a purchase, including solicitation issues, privacy issues, and Terms of Service issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Website or Seller.

In no case shall Visitors have the right to go to court or have a jury trial. Visitors will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this Website shall be brought before a court of law, pre- or post-arbitration, Visitors agree that the sole and proper jurisdiction to be the country, state and city declared in the contact information of the domain owner unless otherwise here specified. In the event that litigation is in a federal or high court, the proper court shall be the closest federal or high court to the domain owner’s address.

APPLICABLE LAW

Visitors agree that the applicable law to be applied shall, in all cases, be that of the state of the domain owner.