WEBSITE SERVICES AND TERMS OF USE

WITH REFERENCE TO THE TERMS IN THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT, AS WELL AS THE COMMON LAW OF CONTRACTS, THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE UPON ALL USERS THAT ACCESS THIS PARTICULAR WEBSITE, WHETHER IT IS, BUT NOT LIMITED TO DOWNLOAD AND INSTALL THE SOFTWARE OR USE THE SERVICES PROVIDED ON THIS WEBSITE ("THE WEBSITE") OR ANY PART THEREOF.

IF YOU DO NOT WISH TO COMPLY WITH THESE TERMS AND REGULATIONS, YOU SHOULD LEAVE THIS WEBSITE(S) IMMEDIATELY AS FURTHER USAGE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

DEFINITIONS AND INTERPRETATION

  1. "The Website" refers to the Aerofone Website, which includes the software available for download, the services made available through or on the Website, and furthermore includes, but not limited to the graphics, content, text, postings, source codes, or any part of an element thereof.
  2. "The Company", "Aerofone" and "Aerofone Communications" refers to Aerofone Communication (Pty) Ltd.
  3. "Services" refers to any Services made available on or through the Website. The software provided on the Website refers to the instant messaging software software.
  4. "The Software" refers to the freely available instant messaging software "AeroChat", on the Website, which the Users are able to use.
  5. "User" refers to any person who enters the Aerofone Website, downloads and installs the Software, as well as makes use of the Services made available on the Website.
  6. References herein to the singular includes the plural and vice versa.
  7. Hyperlinks within this documentation, which leads to other Websites, are deemed part of these Terms of Use (TOU) in terms of the ECT Act. The fact that some hyperlink may be dysfunctional from time to time does not affect these

1. ACCEPTANCE OF TERMS

The services that Aerofone Communications (Pty) Ltd ("The Company") provides to the users are subject to the following Terms of Use ("TOU"). Aerofone reserves the right to update the TOU at any time without notice to the User.
  1. This Agreement, which incorporates by reference other provisions applicable to use of the Website, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in the Website, sets forth the terms and conditions that apply to use of the Website by the User. By using Aerofone (other than to read this Agreement for the first time), the User agrees to comply with all of the terms and conditions hereof. The right to use the Website is personal to the User and is not transferable to any other person or entity. The User is responsible for all use of the User's Account (under any screen name or password) 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. Aerofone shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access of use

PLEASE READ THESE WEBSITE TERMS CAREFULLY BEFORE USING THIS WEBSITE ("THE WEBSITE"). THESE WEBSITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE, WHICH INCLUDES ANY DOWNLOAD LINKS ON THE SITE, AS WELL AS ANY HYPERLINKS PROVIDED. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

2. CHANGED TERMS

Aerofone Communications (Pty) Ltd shall have the right at any time to change or modify the terms and conditions applicable to the User's use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Website, or by electronic or conventional mail, or by any other means by which the User obtains notice thereof. Any use of the Website by the User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications or additions.

3. DESCRIPTION OF SERVICES

Through its Web property, Aerofone provides the User with access to a variety of resources, including download areas, hyperlinks to relevant content, and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and / or the addition of any new Web properties, are subject to the TOU.

4. EQUIPMENT

The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Website and all charges related thereto.

5. USER CONDUCT

  • The User shall use the Website for lawful purposes only. The User shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Aerofone's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User, that in Aerofone's discretion restricts or inhibits any other User from using or enjoying the Website will not be permitted. The User shall not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Aerofone.
  • The Website contains copyrighted material, trademarks and other proprietary information, including but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under South Africa's copyright laws. Aerofone owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original 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 part. The User may download copyrighted material for the User's personal use only. Except as otherwise expressly permitted under copyright law, no material will be permitted without the express permission of Aerofone 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, trademark legend or copyright notice shall be made. The User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
  • The User shall not upload, post or otherwise make available on the Website 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 the Website, the User automatically grants, or warrants that the owner of such material has expressly granted Aerofone the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, 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 User to access, view, and store or reproduces the material for that User's personal use. The User hereby grants Aerofone the right to edit, copy, publish and distribute any material made available on the Website by the User.
  • The foregoing provisions of Section 5 are for the benefit of Aerofone, 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.

6. USE OF SERVICES

The Services may contain email services, bulletin board services, chat areas, news groups, communities, personal web pages, calendars, photo albums, file cabinets and / or other message or communication facilities designed to enable the User to communicate with others (each a "Communication Service" and collectively "Communication Services"). The User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, the User agrees that when using the Communication Services, the User will not: Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or have received all necessary consent to do the same.. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Advertise or offer to sell or buy any goods or services for any business purposes, unless such Communication Services specifically allows such messages. Download any file posted by another User of a Communication Service that the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and / or distributed in such manner. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or propriety designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other User from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including email addresses. Violate any applicable laws or regulations. Create false identity for the purpose of misleading others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity and directory of Users of the Services or other User or usage information or any portion thereof. Aerofone has no obligation to monitor the Communication Services. However, Aerofone reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Aerofone reserves the right to terminate the User's access to any or all of the Communication Services at any time to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information materials, in whole or part, in Aerofone's sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and / or dissemination; the User is responsible for adhering to such limitations if the User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. Aerofone does not control or endorse the content, messages or information found in any Communication Services and, therefore, Aerofone specifically disclaims any liability with regard to the Communication Services and any actions resulting from the User's participation in any spokesperson, and their views do not necessarily reflect those of Aerofone].

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires the User to open an account, the User must complete the registration process by providing Aerofone with current, complete and accurate information as prompted by the applicable registration form. The User also will choose a password and a user name. The User is entirely responsible for maintaining the confidentiality of the User's password and account. Furthermore, the User is entirely responsible for any and all activities that occur under the User's account. The User agrees to notify Aerofone immediately of any unauthorized use of the User's account or any other breach of security. Aerofone will not be liable for any loss that the User may incur as a result of someone else using the User's password or account, either with or without the User's knowledge. However, the User could be held liable for losses incurred by Aerofone or another party due to someone else using the User's account or password. The User may not use anyone else's account at any time, without the permission of the account holder.

8. NOTICE SPECIFIC TO SOFTWARE AVAILIBLE ON THIS WEBSITE

Any software that is made available to download from the Services ("Software") is the copyrighted work of Aerofone and / or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the license Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRENTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRENTED IN THE LICENSE AGREEMENT, AEROFONE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRENTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, AEROFONE MAY MAKE AVAILIBLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND / OR DOWNLOAD. AEROFONE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILIBLE ON THE SERVICES.

9. NOTICE SPECIFIC TO DOCUMENTS AVAILIBLE ON THIS WEBSITE

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for information and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private / public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

AEROFONE AND / OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRENTY OF ANY KIND. AEROFONE AND / OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRENTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRENTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AEROFONE AND / OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILIBLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AEROFONE AND / OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND / OR CHANGES IN THE PRODUCT(S) AND / OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

10. NOTICES REGARDING SOFTWARE. DOCUMENTS AND SERVICES AVAILIBLE ON THIS SITE

IN NO EVENT SHALL AEROFONE AND/ OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR AND SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILIBLE FROM THE SERVICES.

11. MATERIALS PROVIDED TO AEROFONE OR POSTED AT ANY OF ITS WEBSITE(S)

Aerofone does not claim ownership of the materials the User provides to Aerofone (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private inputting, providing or submitting ("Posting") the User's Submission the User is granting Aerofone, its affiliated companies and necessary sub-licensees permission to use the User's Submission in correction with the operation of their Internet businesses (including, without limitation, all Aerofone Services), including without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the User's Submission; to punish the User's name in connection with the User's submission; and the right to sublicense such rights to any supplier to the Services. No compensation will be paid with respect to the use of the User's Submission, as provided herein. Aerofone is under no obligation to post or use any Submission the User may provide and Aerofone may remove any Submission at any time in its sole discretion. By Posting a Submission the User warrants and represents to own or otherwise control all of the rights to the User's Submission as described in these Terms of Use including, without limitation, all the rights necessary for the User to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), the User warrant and represent that (a) the User is the copyright owner of such Images, or that the copyright owner of such Images has granted the User permission to use such Images or any content and / or Images contained in such Images consistent with the manner and purpose of the User's use and as otherwise permitted by these Terms of Use and the Services, (b) the User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, the User is granting (a) to all members of the User's private community (for each such Image available to members of such a private community), and / or (b) to the general public (for each such Image available anywhere on the Services, other than a private community), permission to use the User's Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the User's Images without having the User's name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for an Image will terminate at the time the User completely removes such Images from the Services, provided that, such termination shall not affect any licenses granted in conversation will be paid with respect to the use of the User's Images.

12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

  1. THE USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT THE USER'S SOLE RISK. NEITHER AEROFONE, ITS AFFILIATES NOR ANY OFF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
  2. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
  3. 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, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERNATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT AEROFONE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.
  4. IN NO EVENT WILL AEROFONE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE AEROFONE SOFTWARE, RELIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. THE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
  5. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, AEROFONE, 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, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY DELAY OR INTERRUPTION 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. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. AEROFONE, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER AEROFONE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT THIS INFORMATION. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
  7. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENS, SERVICE OUTAGES RESULTING FORM EQUIPMENT AND /OR SOFTWARE FAILURE AND / OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MIXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FAR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

13. LINKS TO THIRD PARTY SITES

THE LINKS IN THIS AREA WILL LET YOU LEAVE AEROFONE'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF AEROFONE AND AEROFONE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. AEROFONE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITES. AEROFONE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY INDORSEMENT BY AEROFONE OF THE SITE.

Aerofone is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Aerofone has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, the Users or any other User of the Website, are those of the respective author(s) or distributor(s) and not of Aerofone. Neither Aerofone nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, or its merchantability or fitness for any particular purpose. In many instances, the content available through the Website represents the opinions and judgments of the respective information provider, the User, or other User not under contract with Aerofone. Aerofone neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized Aerofone employee spokespersons while acting in their official capacities. Under no circumstances will Aerofone be liable for any loss or damage caused by a User's reliance on information obtained through the Website. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Aerofone. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion advice or other content.

14. UNSOLICITED IDEA SUBMISSION POLICY

AEROFONE OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN AEROFONE'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO AEROFONE. SO PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO AEROFONE OR ANYONE AT AEROFONE. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT AEROFONE MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

15. MONITORING

Aerofone shall have the right, but not the obligation, to monitor the content of the Website including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Aerofone and satisfy any law, regulation or authorized government request. Aerofone shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, Aerofone shall have the right to remove any material that Aerofone, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

16. INDEMNIFICATION

The User agrees to defend, indemnify and hold harmless Aerofone, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorney's fees, arising out of the use of Aerofone by the User or the User's Account.

17. TERMINATION

Either Aerofone or the User may terminate this Agreement at any time. Without limiting the foregoing, Aerofone shall have the right to immediately terminate the User's Account in the event of any conduct by the User which Aerofone, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement.

18. MISCELLANEOUS

This Agreement and any operating rules for the Website established by Aerofone constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be constructed in Accordance with the laws of South Africa, without regard to its conflict of laws and rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

19. COPYRIGHT NOTICE

Aerofone and its logos are trademarks of Aerofone Communications (Pty) Ltd. All rights reserved. All other trademarks appearing on Aerofone are the property of their respective owners.

20. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with a real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
 

 

 

 

 

 

 

 

 
Privacy | Terms of use

© 2005-2007 AeroFone Communications (Pty) Ltd. All rights reserved.