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View Full Version : User Agreement - Terms and Conditions of Use



Rory
06-09-2008, 23:59
In terms of section 11 of the Electronic Communications and Transactions (ECT) Act 25 of 2002 and the common law of contract, these Terms and Conditions are valid, binding and enforceable against all persons that access the TropicalAquarium.co.za website ("the website"), web pages or any part thereof.

If you do not agree to be bound by these terms and conditions you must leave the website immediately as further use will automatically bind you to these terms and conditions.

Access to this web site and use of the forums and other services offered here are subject to the terms and conditions of this user agreement and copyright notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. By accessing the services, you accept, without limitation or qualification, all of the terms and conditions in this user agreement. TropicalAquarium.co.za reserves the right to change these terms and conditions at any time. The changes will appear on this screen. By using the services of this web site, you agree in advance to accept any changes.

TropicalAquarium.co.za is governed by Administrators and Moderators (TropicalAquarium.co.za Staff). Users must obey and respect the directions and decisions of moderators at all times. Failure to do so may result in disciplinary action, including the suspension or removal of membership status. The removal/banning of a member is at the sole discretion of the moderators and administrators of TropicalAquarium.co.za. TropicalAquarium.co.za reserves the right to refuse or revoke membership status to anyone for any reason, without explanation.

You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, degrading, sexual or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You will be responsible for, and indemnify and hold harmless TropicalAquarium.co.za and representatives against, any claim arising from any material that you post or transmit. We reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.

You acknowledge that TropicalAquarium.co.za does not control the information available on the message boards, chat rooms and other user and member-generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member-generated pages are those of their respective authors who are solely liable for their content. Although TropicalAquarium.co.za may from time to time monitor or review discussions, chats, postings, transmissions, message boards and other user and member-generated pages on this web site, neither TropicalAquarium.co.za nor any of its agents, representatives or licensers is under any obligation to do so. TropicalAquarium.co.za reserves the right, in its sole discretion, to refuse to post or remove any material submitted to or posted on the message boards. Political or religious posts by their nature can become very controversial and therefore are subject to removal at any time in order to avoid potential "flame" wars.

The member-generated content of this web site contains information, facts and opinions from various individuals and organizations. They are 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 imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither TropicalAquarium.co.za nor its affiliates endorse or are responsible for the accuracy or reliability of any opinion, advice or statement on the service or the sites.

Any communication or material you post or transmit is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant TropicalAquarium.co.za the right to display this material on its web sites. TropicalAquarium.co.za makes no ownership claims to any material you post or transmit and agrees that all submitted materials, text, graphics and files remain the sole property of their creator.

TropicalAquarium.co.za reserves the right to refuse or terminate membership where the activities, actions or statements of an organisation or person may bring TropicalAquarium.co.za into disrepute or otherwise deemed not to be in the best interest of TropicalAquarium.co.za. In the event of TropicalAquarium.co.za receiving monies for sponsorships/donations/prizes from a member TropicalAquarium.co.za will not reimburse any member if their membership is subsequently terminated. Every member of TropicalAquarium.co.za agrees to conduct themselves in a manner that does not bring the forum into disrepute.

Your use of this web site is at your own risk. Neither TropicalAquarium.co.za, nor any of its agents, representatives or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, the services of this web site and the information available on this web site or arising out of any action taken in response to or as a result of any information available on this web site. You hereby waive any and all claims against TropicalAquarium.co.za arising out of your use of the services of this web site and the information available thereon. TropicalAquarium.co.za does not review or monitor any web sites linked to the member-generated content of this web site and are not responsible for the content of any such linked web sites. Your linking to such web sites is at your own risk.

We will not offer any information about you to any company. However, you should be aware that if you voluntarily disclose personal information (e.g., name, email address, phone number) on a bulletin board, chat room or on any other user or member-generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.

Users will abide by the TropicalAquarium.co.za Commercial Posting policy.

Sponsors and 3rd party sellers (such as fellow TropicalAquarium.co.za subscribers) on this site sell their products as part of their own business or interests. Therefore members should research and verify any claims made by any seller of goods and services for their own protection. TropicalAquarium.co.za can not be held responsible for any failure, defect, inaccurate descriptions, inaccurate performance guarantees or inaccurate promises for any products or services initiated and concluded here on TropicalAquarium.co.za.

TropicalAquarium.co.za does not host any vendor feedback forums as they tend to spiral out of control quickly due to many different personal experiences with vendors or sponsors (or private parties) amongst the whole community. As such, it is against TropicalAquarium.co.za's policy to air out one's issues about sponsors, local stores, or private deals which have been made or may have gone bad. We would ask all those who have issues like this or similar in nature to work these kinds of problems out in private. TropicalAquarium.co.za staff retains the right to retain or remove such posts from the general forums.

This User Agreement and any disputes arising out of or related to the services of this web site shall be governed by, and construed and enforced in accordance with, the laws of South Africa.