'netauctions.co.za' is the interactive on-line service operated by NetAuctions on the World Wide Web of the Internet, consisting of information services and content provided by netauctions.co.za, affiliates of netauctions.co.za and other third parties.
'Visitor' means each person who establishes a connection for access to and use of netauctions.co.za.
2.1 By using netauctions.co.za Visitor agrees to comply with all of the terms and conditions hereof. The right to use netauctions.co.za is personal to the Visitor and is not transferable to any other person or entity. The Visitor is responsible for all use of the Visitor's Account and for ensuring that all use of Visitor's Account complies fully with the provisions of this Agreement. Visitor shall be responsible for protecting the confidentiality of Visitor's password(s), if any.
2.2 netauctions.co.za shall have the right at any time to change or discontinue any aspect or feature of netauctions.co.za, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Visitor shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of netauctions.co.za and all charges related thereto.
4. Visitor Conduct.
4.1 Visitor shall use netauctions.co.za for lawful purposes only. Visitor shall not post or transmit through netauctions.co.za any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene or profane, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without netauctions.co.za's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Visitor that in netauctions.co.za's discretion restricts or inhibits any other Visitor from using or enjoying netauctions.co.za will not be permitted. Visitor shall not use netauctions.co.za to advertise or perform any commercial solicitation.
4.2 netauctions.co.za contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics and the entire contents of netauctions.co.za are copyrighted as a collective work under the South African copyright laws. netauctions.co.za owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Visitor 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 in part. Visitor may download copyrighted material for Visitor's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of netauctions.co.za (email request to email@example.com) 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 or copyright notice shall be made. Visitor acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
4.3 Visitor shall not upload, post or otherwise make available on netauctions.co.za 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 Visitor. Visitor 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 netauctions.co.za, Visitor automatically grants, or warrants that the owner of such material has expressly granted netauctions.co.za the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish 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. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor's personal use. Visitor hereby grants netauctions.co.za the right to edit, copy, publish and distribute any material made available on netauctions.co.za by Visitor.
4.4 The foregoing provisions of Section 5 are for the benefit of netauctions.co.za, 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.
5. Disclaimer of Warranty, Limitation of Liability.
5.1 Visitor expressly agrees that use of netauctions.co.za is at visitor's sole risk. Neither netauctions.co.za, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that netauctions.co.za will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of netauctions.co.za, or as to the accuracy, reliability or content of any information, service, or merchandise provided through netauctions.co.za.
5.2 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, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. Visitor specifically acknowledges that netauctions.co.za is not liable for the defamatory, offensive or illegal conduct of other visitors or third-parties and that the risk of injury from the foregoing rests entirely with the visitor.
5.3 In addition to the terms set forth above neither, netauctions.co.za, 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 the information contained within netauctions.co.za, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from 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
netauctions.co.za shall have the right, but not the obligation, to monitor the content of netauctions.co.za, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by netauctions.co.za. netauctions.co.za shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on netauctions.co.za.
Visitor agrees to defend, indemnify and hold harmless netauctions.co.za, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of netauctions.co.za by the Visitor.