Date of Last Revision: 10 January 2012.
Registration - Account Security
When you register for and use BIZNIZdirectory.co.za, you will be asked to provide information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.
By using or accessing BIZNIZdirectory.co.za, you represent, warrant and agree that you will not:
- Do anything that could disable, overburden or impair the proper working of BIZNIZdirectory.co.za.co.za;
- Use any robot, spider, scraper or other automated means to access BIZNIZdirectory.co.za.co.za;
- Send spam or any other unauthorized advertisements or solicitations through or using BIZNIZdirectory.co.za;
- Harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of BIZNIZdirectory.co.za without consent from such users;
- Solicit private information (including social security numbers, credit card numbers and passwords) from users of BIZNIZdirectory.co.za;
- Provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization;
- Use your profile (as opposed to a Page) for any commercial purpose;
- Offer any contest, sweepstakes, coupon or other promotion through BIZNIZdirectory.co.za without our prior written consent;
- Use an iFrame or offer web search functionality on BIZNIZdirectory.co.za;
- Intimidate or har censoredany user;
- Do anything that is illegal, infringing, fraudulent, malicious or could expose BIZNIZ or BIZNIZdirectory.co.za users to harm or liability; or
- Attempt, encourage or facilitate any of the above.
By using or accessing BIZNIZdirectory.co.za, you represent, warrant and agree that you will not Post:
- User Content that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);
- Any Contact Information or private information of any third party;
- False, misleading or fraudulent information;
- Any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
- Alcohol-related or other mature content on Pages on BIZNIZdirectory.co.za that have not set appropriate age based restrictions (based on the country in which the page will be viewable); or
- User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.
BIZNIZ does not pre-screen, review, edit or approve any User Content. BIZNIZ may, in its sole discretion, remove or disable access to any User Content.
"User Content" means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through BIZNIZdirectory.co.za. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through BIZNIZdirectory.co.za.
Your Privacy Practices
We respect the privacy rights of third parties, and you must do so as well on BIZNIZdirectory.co.za.
If you collect, access or use information relating to any user of BIZNIZdirectory.co.za (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not BIZNIZ.
Ownership - Proprietary Rights
Except for User Content and Applications/Connect Sites, all materials, content and trademarks on BIZNIZdirectory.co.za are the property of BIZNIZ and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Except as expressly authorized by BIZNIZ in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.
You are solely responsible for the User Content that you Post on or through BIZNIZdirectory.co.za. You hereby grant BIZNIZ an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with BIZNIZdirectory.co.za or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with BIZNIZdirectory.co.za or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.
If you own or control a website, you may place BIZNIZ's link button, logo and/or text (a "Link"), including all trademarks therein, on your website for the sole purpose of enabling users to Post links or content from your website on BIZNIZdirectory.co.za. By offering a Link on your website, you agree, represent and warrant that you will not place a Link on any page containing content that would violate these Terms if Posted on BIZNIZdirectory.co.za. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all Links from your website.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to BIZNIZ ("Submissions"), are non-confidential and non-proprietary. BIZNIZ will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
User Disputes; Complaints
You agree not to hold BIZNIZ responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to BIZNIZdirectory.co.za. This includes transactions conducted on BIZNIZdirectory.co.za as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to BIZNIZdirectory.co.za, you release BIZNIZ and its directors, officers, employees and agents (collectively, the "BIZNIZ Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
If you believe that BIZNIZdirectory.co.za or BIZNIZ's business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of BIZNIZ's legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that BIZNIZdirectory.co.za is unfair, fraudulent or unlawful with respect to that issue.
You agree to indemnify and hold BIZNIZ Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of BIZNIZdirectory.co.za or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. BIZNIZ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BIZNIZ, and you agree to cooperate with BIZNIZ's defense of these Claims.
USE OF BIZNIZdirectory.co.za IS AT YOUR OWN RISK. BIZNIZdirectory.co.za, BIZNIZ WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH BIZNIZdirectory.co.za ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIZNIZ, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, BIZNIZ, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT BIZNIZdirectory.co.za WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT BIZNIZdirectory.co.za OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BIZNIZ IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH BIZNIZdirectory.co.za (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BIZNIZ ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE BIZNIZdirectory.co.za, THE BIZNIZ WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH BIZNIZdirectory.co.za, EVEN IF BIZNIZ OR A BIZNIZ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BIZNIZ'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF BIZNIZ ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF BIZNIZdirectory.co.za, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF BIZNIZdirectory.co.za (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO BIZNIZ DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.
Termination and Changes to BIZNIZdirectory.co.za
We may terminate your account on BIZNIZdirectory.co.za, delete your profile and any User Content you have Posted on or through the BIZNIZ Service, and/or prohibit you from using or accessing the BIZNIZ Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of BIZNIZdirectory.co.za at any time without notice. The following sections will survive any termination of your use of BIZNIZdirectory.co.za: Prohibited Conduct, User Content, Your Privacy Practices, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers and Other.
The "BIZNIZdirectory.co.za" means the features, services and properties that BIZNIZ makes available through (a) www.BIZNIZ.co.za or any other BIZNIZ-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the BIZNIZ Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from BIZNIZ at the email address you provide in registering for BIZNIZdirectory.co.za or otherwise elect in your account settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of BIZNIZdirectory.co.za.