CITO Cyber Cafe User Agreement
1. THE INFORMATION SERVICE
1.1 CITO Cyber Cafe information service ("the information service") is comprised of information and content, which includes but is not limited to advertising services, general news, e-commerce, interactive chat rooms, trading sites, news groups and forums (moderated and unmoderated) provided by CITO Cyber Cafe and third parties with whom CITO Cyber Cafe has contracted.
1.2 CITO Cyber Cafe may, in its sole discretion, amend these terms and conditions from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage.
2.1 CITO Cyber Cafe hereby grants to the user a personal, non-exclusive, non-assignable and non-transferable right to use and display all content and software included in the information service on any computer of which the user is the primary user.
2.2 Notwithstanding anything contained in clause 2.1 above the user may designate members of the user's household to use the information service in accordance with the terms of this agreement, provided it is done by using the user's computer equipment or account.
2.3 The user shall not copy any of the content or software without first obtaining CITO Cyber Cafe's consent and CITO Cyber Cafe reserves all its rights, including the right to institute legal action and to terminate this agreement, should such infringement occur.
2.4 The user shall be responsible for all use of the information service accessed through the user's account, as defined by any user identification mechanisms such as cookies, passwords or authentication certificates, and the user hereby agrees to be personally liable for any and all obligations entered into or assumed by others who access the information service through the user's account.
2.5 Neither the user nor its designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the information service, without the prior written consent.
The user agrees that :
3.1 Use of the information service is at the user's sole risk. Neither CITO Cyber Cafe nor any of its information providers, licensors, suppliers, employees, agents, or Internet Service Providers ("the suppliers") 3.1.1 guarantee that the information service will be uninterrupted, error-free, accurate or correct; 3.1.2 shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the information service or inability to use the service or out of any breach of this agreement.
3.2 The user shall not add to the information service any material that violates the intellectual property rights of any other person.
3.3 The user shall not upload, post or otherwise publish on or over the information service, and not seek on or over the service, any software, file, information, communication or other content : 3.3.1 which violates or infringes upon the rights of any other;
3.3.2 which, under the circumstances and in CITO Cyber Cafe's sole discretion, is, or is likely to be perceived by an intended recipient or target as, defamatory, deceptive, misleading, abusive, profane, pornographic, offensive or inappropriate or contrary to any laws of the countries in which the information service may be accessed;
3.3.3 which is unsuitable for children and minors;
3.3.4 which constitutes a threat to, harassment of, or invasion of privacy of any person or legal persons;
3.3.5 which detrimentally affects the information service or CITO Cyber Cafe in any way whatsoever;
3.3.6 which contains any virus or any other attribute that may cause a corruption of data
3.3.7 which, without the approval of CITO Cyber Cafe, contains any advertising, promotion or solicitation of goods or services for commercial purposes.
3.4 CITO Cyber Cafe site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of CITO Cyber Cafe and the user acknowledges that CITO Cyber Cafe is not responsible for the accuracy, copyright compliance, legality or decency of any other aspect or the content of such sites. The inclusion of such a link does not imply endorsement of the site by CITO Cyber Cafe or any association with its operators.
4. DISCLAIMER AND INDEMNITY
4.1 The information service is distributed in good faith without any warranties either express or implied, including any implied warranties of the merchantability, non-infringement of third party rights, freedom from viruses or other harmful code or fitness for a particular purpose.
4.2 The user waives any claim which the user may have against CITO Cyber Cafe, its subsidiaries and other affiliated companies and their employees, contractors and officers in respect of any selection of, or retention of, or the acts or omissions of, third parties in connection with the information service.
4.3 The user acknowledges that CITO Cyber Cafe will not be required to edit or review for accuracy or appropriateness any content within the service.
4.4 The user hereby indemnifies CITO Cyber Cafe its subsidiaries and affiliated companies, contractors, officers and its employees or suppliers and holds them harmless against all claims or actions which may be instituted against CITO Cyber Cafe for loss or damage which may be incurred by CITO Cyber Cafe arising out of the user's use of the web-site or any breach of these terms and conditions by the user.
5. IMMATERIAL PROPERTY RIGHTS
5.1 CITO Cyber Cafe reserves all copyrights and other rights in and to any content available through the information service that is identified as, claimed by CITO Cyber Cafe as, or known by the user to be, proprietary to CITO Cyber Cafe or its licensors or suppliers. The content on the information service is protected under applicable copyright law, including as a collective work.
5.2 The user or designated user who places or has placed software, a file, information, communication or other content on, in, over or through the accessible areas of the service grants to CITO Cyber Cafe or assignees an exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with CITO Cyber Cafe's business or the business of CITO Cyber Cafe's assignees such software, files, information, communications and other content, regardless of the medium, technology or form utilised by CITO Cyber Cafe in the exercise of this grant.
6. USE OF USER INFORMATION BY CITO Cyber Cafe
6.1 CITO Cyber Cafe may in the widest sense possible distribute, loan, sell or otherwise share with other persons or entities information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular user of the information service.
6.2 CITO Cyber Cafe will be entitled in its sole discretion and without notice to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten rights of any person or entity, and to maintain and use internally such information and records.
6.3 CITO Cyber Cafe may also provide online and e-mail communications to the user on matters pertaining to the information service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith.
6.4 The user acknowledges:
6.4.1 that communications within the information service may be monitored or reviewed for quality control and other reasonable business purposes;
6.4.2 that advertising and promotion may occur on the information service and that the user shall not have any claim with respect to any proceeds from such activities.
6.5 The use of the user information and the disposal or dissemination thereof shall not constitute invasion of privacy by CITO Cyber Cafe.
7. GOVERNING LAW AND JURISDICTION
This User Agreement is governed by the laws of the Republic of South Africa.
8.1 No agreement to alter, vary or cancel this agreement and no addition or amendment to or deletion from this agreement shall be of any force and effect unless reduced to writing and signed by all the parties.
8.2 No indulgence, extension of time, relaxation or latitude which any party ("the grantor") may show grant or allow to the other ("the grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
8.3 This agreement contains the whole agreement between the parties and no other warranty or undertaking is valid, unless contained in this document between the parties.