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Smoke Surveys Terms of Use

CONTENTS:

1.    DEFINITIONS
2.    USER ACCOUNT, PASSWORD AND SECURITY
3.    USER CODE OF CONDUCT
4.    PAYMENTS
5.    SYSTEM MODIFICATIONS
6.    COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS
7.    LINKS TO THIRD PARTIES AND ADVERTISERS
8.    LIABILITY DISCLAIMER

1. DEFINITIONS 
User - an individual, legal entity or administrative unit that has completed the registration procedure, gained the access to the System, and uses the System. 

Company - the owner of Smoke Surveys System.

System: 1/ an on-line service, available at the web address www.smokesurveys.co.za owned by Company.

2. Computer software; data backup software; database; project documentation; promotional materials; hard and soft copy of the User and administrator's documentation. 

Login - a unique signature that identifies the User in the System. 

Password - the sequence of characters chosen by the User in order to secure his or her access to the System. 

Term of use - this document by which the User has to abide in using the System. Terms of use constitute a contract between the User and Company to use the System. By accessing and using the System, the User accepts this Terms of use. 


2. USER ACCOUNT, PASSWORD AND SECURITY
2.1.    During the registration process, the User will be asked to select login and password. If login is already taken, the User will be asked to select another login. 

2.2.    The User is obliged to keep his / her login and password safe and secure at all times. It is forbidden to use login of any other User and to allow the access to or transfer login to any other User. The User is responsible for all and any actions performed with his/her login and/or password. 

2.3.    The User is obliged to immediately notify Company of any unauthorized use or attempt to use of his/her login and/or password.

2.4.    The User is obliged to ensure that he or she correctly signs out from the System each and every time he or she finished to use the System.  

2.5.     The User is obliged to update his/her personal data each time it changes. Data updates do not concern the login. 

2.6.    Company is not responsible for any kind of loses or damages concerning the User or any third party occurred as a consequence of improper signing out from the System.


3. CODE OF CONDUCT 
3.1.     The User is solely and entirely responsible for all and any content he/she uploads, enters, stores or distributes through the System. 

3.2.    Company does not monitor and control the content distributed by the Users through the System and as such, does not guarantee the accuracy, integrity or quality of such Content. The User understands that by using the System, he/she may be exposed to the Content that is offensive, indecent or objectionable. Under no circumstances Company will be held liable in any way for any Content, including, but not limited to liability for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the System.

3.3.     The User is not allowed destroy, block, crack, hack or copy the System or its parts.  

3.4.    Any actions aiming to destabilize or obstruct the System are illegal. Company will immediately block the account of any User who acts against the System and pursue necessary legal actions against such a User. 

3.5.    Any actions against the System or Company, or against this Terms of Use, release Company of its contractual or other legal obligations to the User, including Company obligations under its Privacy Policy. If the User's account is blocked or deactivated, Company will not refund any fees already paid by the User.  

3.6.    All actions that are intended to destabilize the System may be considered a crime. Company will cooperate with relevant authorities in prosecuting any User who interferes with the System, attempts to defraud Company assets or tries to steal the data that belongs to Company or  to the System Users. 

3.7.     The User agrees not to use the System to: 

-    Upload, enter, store or distribute any content that is offensive, unlawful, vulgar, racist, non-ethical or invasive in any way or form. 
-    Harm or discriminate minorities in any way.
-    Act against any person, organization or company. 
-    Distribute the content that is owned by other party (like other companies internal materials, or other). 
-    Use the System for the purposes that violate patents, trademarks, copyrights,  discloses other company confidential materials, or any rights of other people, corporations or organizations.
-    Distribute, post, e-mail any unauthorized advertising, promotional materials, „spam”, “junk email” or any other form of solicitation. 
-    Interfere with the System or any applications or software connected to the System.
-    Intentionally or unintentionally violate any local, national or international laws and regulatory requirements, including European Union law or any valid legal regulations. 

Violation of any of the items in this section releases Company from any of the contractual or legal obligations to the User, including Company obligations under Privacy Policy. 

3.8.    Company reserves the right to refuse any or all services to any User for any reason, at any time. The User agrees that Company may block its IP address or group of addresses at any time, thereby disallowing the User's continuous access of and use of  the System.

3.9.    Company will block the account of the User who acts against the System or this Terms of Use, particularly if he/she uses the System for the purpose of spamming, advertising of competitive services or if the User uses offensive language.

3.10.    The User whose account has been blocked cannot re-register until he or she receives the permission of Company allowing the User to register. 

4. PAYMENTS & INVOICES 
4.1.    The User agrees to pay all and any charges under this contract, including all and any applicable taxes or charges imposed by any government entity at any time.  The User agrees that Company may at any time change the fees for using the System. 

4.2.    The User agrees to receive electronic invoices. 


5. SYSTEM MODIFICATIONS 
5.1.    Company can at any time publish the new version of the System, update and/or modify its current version, temporary or permanently close the System or its part without notifying the Users. 

5.2.    The User accepts that Company is not liable for any System modifications, temporary or permanent lack of access or complete System close-out. 

5.3.    Company is not liable for deletion or failure to store and save any content or information stored or distributed using the System.   

5.4.    The User accepts that Company can permanently remove the accounts that are inactive for a longer period of time. 


6. COPYRIGHTS AND INTELECTUAL PROPERTY RIGHTS
6.1.    All and any titles and copyrights in and to the System are owned by Company and/or its suppliers. All and any titles and intellectual property rights in and to the content which may be accessed through the System is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and/or treaties. 

6.2.    All and any titles, trademarks, user accounts and all other intellectual property rights are owned by Company. It is forbidden to use this right in a way that is against this Terms of Use.  


7. LINKS TO THE THIRD PARTIES AND ADVERTISERS

7.1.    Company may provide advertising space and/or links and pointers to Web Sites maintained by third parties.

7.2.    Company makes no claims or representation about any Web Site that does not remain under Company control and which the User may access from the System, by link or any other means.

7.3.    Company does not control in any respect any information, products or services offered or suggested by third parties on the web sites. Company does not endorse or otherwise warrant or guarantee the products or services that are either advertised on the site or connected by link.


8. LIABILITY DISCLAIMER
8.1.    System may include inaccuracies or errors. Changes are made periodically to the System and to information contained therein. Company and its suppliers may introduce improvements and/or changes in the System at any time. 

8.2.    Company is not responsible for availability, reliability or suitability of the System as well as for accuracy of data, software or graphical components, documentation or any other element that constitutes a part of the System.   

8.3.    Company is not responsible for any materials or content stored or distributed by the Users or any third party using the System.

8.4.    Company is not liable for unauthorized access to any information that is stored or distributed by the User. Company is not liable for any content that is vulgar, illegal, unlawful, threatening, or in any way violates other people rights.

8.5.    In no event Company or its suppliers will be liable for any losses or damages, including revenue losses occurred as a result of direct or indirect usage of  the System. 

8.6.     The User has a right to resign from services at any time. In such a case, Company will not refund the fees already paid by the User. 

8.7.    If, for any reason, the court of a competent jurisdiction finds any paragraph or portion of this Terms of Use to be unenforceable, the remainder of this Terms of Use will continue in full force and effect.

8.8.    Company reserves the right to change this Terms of Use at any time without notifying the Users

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