1. ACCEPTANCE OF TERMS
The services that LEVEL42 Design provides to User is subject to the following Terms
of Use ("TOU"). LEVEL42 Design reserves the right to update the TOU at any time without
notice to User. The most current version of the TOU can be reviewed by clicking on
the "Terms of Use".
A. This Agreement, which incorporates by reference other provisions applicable to use of www.Level42.co.za, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in www.Level42.co.za, sets forth the terms and conditions that apply to use of www.Level42.co.za by User. By using LEVEL42 Design (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.Level42.co.za is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
B. LEVEL42 Design shall have the right at any time to change or discontinue any aspect or feature of www.Level42.co.za, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
LEVEL42 Design shall have the right at any time to change or modify the terms and
conditions applicable to User's use of www.Level42.co.za, 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 www.Level42.co.za, or by electronic or conventional mail, or by any other means
by which User obtains notice thereof. Any use of www.Level42.co.za by User after
such notice shall be deemed to constitute acceptance by User of such changes, modifications
or additions.
3. USER CONDUCT
A. User shall use www.Level42.co.za for lawful purposes only. User shall not post or transmit through www.Level42.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 or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without LEVEL42 Design 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in LEVEL42 Design 's discretion restricts or inhibits any other User from using or enjoying www.Level42.co.za will not be permitted. User shall not use www.Level42.co.za 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 LEVEL42 Design.
B. www.Level42.co.za 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 www.Level42.co.za are copyrighted as a collective work under the South African copyright laws. LEVEL42 Design owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. 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 in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of LEVEL42 Design 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. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on www.Level42.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 User. 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 www.Level42.co.za, User automatically grants, or warrants that the owner of such material has expressly granted LEVEL42 Design 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. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants LEVEL42 Design the right to edit, copy, publish and distribute any material made available on www.Level42.co.za by User.
