eblockwatch
EBLOCKWATCH WEBSITE TERMS AND CONDITIONS OF USE
Last Updated: 28 August 2007

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions of use ("Site Terms") apply to your use of this website ("Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Eblockwatch (Proprietary) Limited ("eBlockWatch", "we", "us"), its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify eBlockWatch for violations of these Site Terms.

1.  Privacy Policy
 
1.1  EBlockWatch is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information. The terms of our Privacy Policy (as amended from time to time) are incorporated herein by this reference.
 
2.  Ownership of the Site and its Contents
 
2.1  This Site is owned by eBlockWatch. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("eBlockWatch Content"), is owned by eBlockWatch, its licensors, or its third-party content providers.
 
2.2  All elements of the Site, including the eBlockWatch Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
 
2.3  We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Site.
 
3.  Use of the Site
 
3.1  This Site and the eBlockWatch Content are intended for members of the eBlockWatch community network. You may not use this Site or the eBlockWatch Content for any purpose not related to your involvement with the eBlockWatch community. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the eBlockWatch Content without, or in violation of, a written license or agreement with eBlockWatch; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the eBlockWatch Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any eBlockWatch product or service if you are not expressly authorised by such party to do so; and (e) using the Site or the eBlockWatch Content other than for its intended purpose. Such unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.
 
3.2  You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, electronic communications, privacy, and the transmission of data exported from the Republic of South Africa, the country from which you export the data or the country in which you reside.
 
4.  Trademarks
 
4.1  The eBlockWatch logo, and any other product or service name or slogan contained in the Site are registered or unregistered trademarks of eBlockWatch and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of eBlockWatch or the applicable trademark holder. You may not use metatags or any other "hidden text" utilising "eBlockWatch" or any other name, trademark or product or service name of eBlockWatch without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of eBlockWatch and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
 
5.  Links
 
5.1  You may not use an eBlockWatch logo or other proprietary graphic of eBlockWatch to link to this Site without the express written permission of eBlockWatch. Further, you may not frame any eBlockWatch trademark, logo or other proprietary information, including the eBlockWatch Content, without eBlockWatch's express written consent.
 
5.2  eBlockWatch makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of eBlockWatch and eBlockWatch is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. eBlockWatch provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by eBlockWatch of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
 
5.3  Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that eBlockWatch shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
 
6.  Registration Data and Account Security
 
6.1  In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify eBlockWatch immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide.
 
7.  Interactive Areas
 
7.1  The Site may include discussion forums or other interactive areas or services, including, without limitation, incident listings, blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any information, content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
 
7.1.1  Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or that you know or have reason to believe is incorrect, inaccurate, misleading or outdated;
 
7.1.2  User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law.
 
7.1.3  User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
 
7.1.4  User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
 
7.1.5  Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
 
7.1.6  Private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, identity numbers and credit card numbers;
 
7.1.7  Viruses, corrupted data or other harmful, disruptive or destructive files; and
 
7.1.8  User Content that, in the sole judgment of eBlockWatch, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose eBlockWatch or its users to any harm or liability of any type.
 
7.2  Further, you agree not to delete or revise any User Content posted by any third party. eBlockWatch takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is eBlockWatch liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, eBlockWatch is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
 
7.3  Although eBlockWatch has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, and no User Content is endorsed, reviewed or approved by eBlockWatch, eBlockWatch reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
 
7.4  Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that eBlockWatch may access, use or disclose any information about you or your use of this Site, including, without limitation, any User Content to comply with the law or any legal process; protect and defend the rights or property of eBlockWatch; or to protect the safety of our company, employees, customers or the public.
 
7.5  If you post User Content to the Site, unless we indicate otherwise, you grant eBlockWatch and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant eBlockWatch and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
 
8.  Press Releases
 
8.1  The information contained within any press releases issued by eBlockWatch should not be deemed accurate or current except as of the date the release was posted. eBlockWatch has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbour for forward-looking statements, and is subject to material risk.
 
9.  Indemnification
 
9.1  You agree to defend, indemnify and hold harmless eBlockWatch, its subsidiaries, affiliates, licensors, employees, agents, sponsors, third party information providers and independent contractors against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site or any third party User Content on which you may rely, your conduct, your use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the eBlockWatch Content, or your violation of any rights of another.
 
10.  Disclaimer
 
10.1  THIS SITE AND THE EBLOCKWATCH CONTENT ARE PROVIDED "AS IS" AND EBLOCKWATCH AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. EBLOCKWATCH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE USER CONTENT OR THE EBLOCKWATCH CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT EBLOCKWATCH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE EBLOCKWATCH CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE EBLOCKWATCH CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
 
10.2  eBlockWatch uses reasonable efforts to ensure the accuracy, correctness and reliability of the eBlockWatch Content, but we make no representations or warranties as to the eBlockWatch Content's accuracy, correctness or reliability.
 
10.3  eBlockWatch has no direct control over User Content, makes no representations or warranties whatsoever in respect thereof and expressly disclaims any liability in connection therewith.
 
10.4  eBlockWatch offers an incident search feature within the Site. eBlockWatch explicitly disclaims any responsibility for the content or availability of information contained in our search index. eBlockWatch also disclaims any responsibility for the completeness or accuracy of any search result.
 
11.  Limitation of Liability
 
11.1  IN NO EVENT SHALL EBLOCKWATCH, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, DELICT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE EBLOCKWATCH CONTENT, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM EBLOCKWATCH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO EBLOCKWATCH' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EBLOCKWATCH, WHETHER IN CONTRACT, WARRANTY, DELICT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO EBLOCKWATCH FOR ACCESS TO OR USE OF THE SITE.
 
12.  Dispute Resolution and Governing Law
 
12.1  These Site Terms will be governed, construed and take effect in all respects in accordance with the laws of the Republic of South Africa. Any dispute relating in any way to your use of the Site or the eBlockWatch Content shall be submitted to confidential arbitration to be held in Sandton under the rules of the Arbitration Foundation of South Africa (or its successor in title), to which arbitration you hereby consent; except that, to the extent you have in any manner violated or threatened to violate eBlockWatch' intellectual property rights, eBlockWatch may seek interdictory, injunctive or other appropriate relief in any applicable court in the Republic of South the Africa, and you consent to exclusive jurisdiction and venue of such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
 
13.  Termination
 
13.1  Notwithstanding any of these Site Terms, eBlockWatch reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
 
14.  Miscellaneous Provisions
 
14.1  These Site Terms constitute the sole record of the agreement between you and eBlockWatch in relation to your use of the Site. Neither you nor eBlockWatch shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Site Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and eBlockWatch in respect of your use of the Site.
 
14.2  Failure or neglect by eBlockWatch to enforce at any time any of the provisions of the Site Terms shall not be construed as a waiver of its rights. Any waiver of any provision of the Site Terms will be effective only if in writing and signed by eBlockWatch. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
 
15.  Changes to Site Terms
 
15.1  eBlockWatch reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "Last Updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit this website.
 
16.  Questions and Contact Information
 
16.1  Questions or comments about the Site or Site Terms may be directed to eBlockWatch at webmaster@eblockwatch.co.za or (+27-82) 561-1065.
 
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