All references to “us”, “our” and “LIVE+” in these terms and conditions are intended to refer to LIVE+ and its affiliate entities. All references to “you”, “your” and “user” in these terms and conditions are intended to refer to the user who accepts these terms and conditions.
Limited Scope of authorised use
You agree that you will not use LIVE+ for any unlawful purpose including, but not limited to, submitting, posting, viewing, transmitting, reproducing and/or distributing any content that: (1) infringes any copyright, trademark or patent, (2) constitutes a trade secret or other confidential information, (3) is defamatory or injurious to any person or entity, (4) violates any person’s right to privacy or publicity rights, (5) threatens harm to persons or property or otherwise harasses any person, (6) is in violation of any other civil or criminal law and/or (7) is for any other purpose which LIVE+ and/or expagency may deem inappropriate.
Authorisation for use
You acknowledge that you have legal capacity or that you have obtained the requisite consent to use LIVE+. Upon granting permission to use LIVE+ to any such person, you acknowledge that you are responsible for all conditions of these terms and conditions as they pertain to any such person who is under your supervision, authority or control.
LIVE+’s Intellectual Property
This site is owned and operated by LIVE+. No material from LIVE+ may be copied, reproduced, republished, uploaded, posted transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only. Modification of the materials or use of the materials for any other purpose is a violation of LIVE+’s copyright and other proprietary rights. All trademarks, service marks and trade names are proprietary to LIVE+. In the event that you download software from LIVE+, the software, including any file images incorporated in or generated by the software, and data accompanying the software (collectively, the “software”) are licensed to you by LIVE+. LIVE+ retains full and complete title to the software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, or disassemble the software. You indemnify LIVE+ against any breach of the conditions of use of the software and/or the intellectual property rights therein. LIVE+ gives no warranty and makes no representation, whether express or implied, in respect of the quality or fitness for purpose of the use of such software.
Right to Remove and Destroy Material
LIVE+ reserves the right to remove and destroy any photographs, literature, information or any other content from liveplus.co.za that is not within the limited scope of authorised use. However, you agree that LIVE+ shall NOT be responsible for screening, policing, editing or monitoring any content or other material submitted, posted, viewed, transmitted, reproduced and/or distributed by any person on LIVE+.
When you sign up on line for the LIVE+ newsletter, you are required to provide your name, cellphone number & e-mail address. You warrant that this information provided to LIVE+ is both true and correct and that LIVE+ shall not be liable for any incorrect information provided. The information will be stored and utilised solely for the purposes of distributing the LIVE+ newsletter and LIVE+ warrants that it shall not utilise the information for any other purposes unless required in terms of any law.
Only authorised LIVE+ employees have access to stored information. LIVE+ safeguards information according to established security standards and procedures, and it continually assess new technology for protecting information. LIVE+ employees are trained to understand and comply with these information safeguards.
LIVE+ warrants that all information collected from you shall be stored and utilised in accordance with applicable law. Indemnification
You agree to indemnify, hold harmless and defend LIVE+ and their respective officers, directors, employees, agents, sucessors, subsidiaries, sublicensees and assigns from and against any and all claims, damages, losses, costs and liabilities (including reasonable attorneys’ fees and court costs) arising out of or related to any breach of these terms and conditions by you or anyone acting under your direction, authority and/or control
You forever release and waive your right, and that of your minor offspring, assigns and successors, to bring suit against LIVE+ and the aforementioned affiliated persons and entities for any injury or damage allegedly arising from LIVE+ or your use of LIVE+ including without limitation any injury or damage you may suffer as the result of viewing or downloading any images or content at LIVE+.
Linked Third Parties
LIVE+ explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from third parties not associated with LIVE+. LIVE+ cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against LIVE+ with respect to such sites.
LIVE+ cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from LIVE+. LIVE+ does not endorse any of the merchandise, nor has LIVE+ taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. LIVE+ does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against LIVE+ with respect to such sites.
Limitation of liability
You hereby waive your rights in respect of and indemnify and hold LIVE+ harmless from any demand, claim or action relating to or in connection with the website, whether directly or indirectly, unless such demand, claim or action arose as a direct consequence of the gross negligence or wilful misconduct of LIVE+ and/or expagency or any of their respective employees provided that such demand shall be limited to direct damages. Special and consequential damages are hereby specifically excluded.
Termination, Suspension and/or Limitation of Access
LIVE+ reserves the right to terminate, suspend and/or limit your access to LIVE+ at any time for any reason whatsoever without notice.
LIVE+ retains the right to amend these terms and conditions from time to time, and your continued use of LIVE+ constitutes your agreement with the version of the terms and conditions published. You acknowledge that it is your responsibility to view the current version of the terms and conditions each time you access LIVE+. A certificate signed by the administrator responsible for maintaining the website constitutes prima facie proof of the date of publication and content of the current version of the terms and conditions as well as all previous versions of the terms and conditions.
You agree that these terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa. You agree that if any provision within these terms and conditions is found to be void or unenforceable, it will not affect the validity of the balance of the terms and conditions which remain valid and enforceable. These terms and conditions constitute the entire agreement between the parties and supercede in their entirety any and all written or oral agreements previously existing between the parties. No waiver by either party, whether express or implied, of any provision of these terms and conditions, or any breach thereof, shall constitute a continuing waiver of such provision or a waiver of any other provision of these terms and conditions. The headings of these terms and conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify these terms and conditions.
All notices in connection with LIVE+ and these terms and conditions shall be sent via e-mail to the following e-mail address firstname.lastname@example.org The e-mail notice shall be deemed received when it is sent whether or not the e-mail notice has been read or opened