Acceptance of Terms The following terms and conditions govern all use of the // website (the Site) and the services and products available at or through the Site (taken together, the Service). The Service is owned and operated by MARCEL OUDEJANS T/A PERFORM! MARKETING SOLUTIONS (the Company). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by the Company (collectively, the Terms of Use). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE SITE OR OTHERWISE USING THE SERVICE. BY ACCESSING THE SITE OR USING ANY PART OF THE SERVICE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, THEN YOU MAY NOT ACCESS THE SITE, SERVICE, OR ANY PART THEREOF. THE COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS OF USE ARE CONSIDERED AN OFFER BY the Company, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. In addition, some services offered through the Site may be subject to additional terms and conditions; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. The Service is available only to individuals who are at least 13 years old or possess legal parental or guardian consent. If you do not so qualify, do not attempt to use the Service. the Company may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion. Modification of Terms of Use The Company reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. the Company may (but, shall not be required to) notify you of changes through the the Company blog; as the Company has no obligation to notify you of such changes through the the Company blog, it is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. New Features The Company may, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Use. Your continued use of the Service after the introduction of new features and/or services constitutes your acceptance of the Terms of Use as changed or modified. Privacy The Company’s current Site Privacy Statement is available at // (the Privacy Policy), which is incorporated by this reference. For inquiries in regard to the Company’s Privacy Policy, or to report a privacy related problem, please contact the Company, // . Rules and Conduct The Site and the Service (including without limitation, any Content (as defined below), documents or other information made available on or through the Service) is provided only for your own personal use. The Site’s content may not be used in connection with any commercial purpose(s) except as specifically approved in writing by the Company. Any unauthorized use of the Service is expressly prohibited. For purposes of these Terms of Use, ‘Content’ includes, without limitation, any information or data (including, information or data generated or otherwise provided by the Company or its partners through the Service or related services, or otherwise available through the Site), copy, text, software, scripts, graphics, photos, and interactive features. By way of example, and not as a limitation, you agree not to (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content (including copy, text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:
  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or which otherwise violates the Terms of Use;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • imposes an unreasonable or disproportionately (in the sole judgment of the Company) large load on the Company’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of the Company or any third party; or
  • impersonates any person or entity, including any employee or representative of the Company.
You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels. You may not harvest or collect information, including screen names, about other members or users of the Services. The use of any information learned through the Services or while in the Site is limited to the express purposes set forth in these Terms of Use; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited. The Company may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. The Company may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly and terms or conditions of these Terms of Use, including with any provision of this section. Please report any violation of these Terms of Use by contacting the Company // . Registration As a condition to using Services, you may be required to register with the Company by providing information to be specified during the registration process and selecting a password and screen name (“the Company User ID”). You shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your the Company account. In addition, you agree to maintain and update your registration information to ensure that it is accurate and complete at all times. You may not (i) select or use as an the Company User ID a name of another person with the intent to impersonate that person; (ii) use as an the Company User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as an the Company User ID a name that is otherwise offensive, vulgar or obscene. the Company reserves the right to refuse registration of, or cancel an the Company User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your the Company password. You may never use another user’s account without such other user’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Third Party Sites The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under the Company’s control, and you acknowledge that the Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by the Company or any association with its operators. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. Content (a) The Company Content Generally You agree that the Site contains Content specifically provided by the Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by the Company in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, the Company hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Content (excluding any software code) solely for your personal and non-commercial use as expressly authorized under these Terms of Use; provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of the Company. The Company has no obligation to monitor the Site, Service, or Content. Use of the Content for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved. (b) Content Posted by User(s). The Company provides features through the Service which allow users to upload, submit, disclose, distribute or otherwise post Content at or on the Site or otherwise through the Service. If the Company provides such features, you:
  • grant to the Company, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Content in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
  • represent and warrant to the Company that you own or otherwise control all rights to such User Content and that disclosure and use of such Content by the Company (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party; and
  • acknowledge that such Content may not be treated confidentially.
You agree not to provide the Company with any information that you desire or are required to keep secret. If you are enabled to post Content as contemplated by this subsection (b), you are solely responsible for the Content you post on or through the Service. the Company does not endorse and has no control over the Content posted or otherwise provided by users. the Company reserves the right to, immediately and without notice, delete or otherwise remove any user Content that, in the Company’s sole discretion it determines, violates these Terms of Use or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Termination The Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms of Use or your the Company account (if you have one), you may simply discontinue using the Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Limitation of Liability IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT OR PRODUCTS ACCESSIBLE THROUGH THE SITE AND SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (II) FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SITE AND SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY USER CONTENT OR CONDUCT. Indemnification You agree to defend, indemnify, and hold harmless the Company, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses. Dispute Resolution A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and the Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Services shall be filed only in the Republic of South Africa and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. Integration and Severability These Terms of Use are the entire agreement between you and the Company with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. Miscellaneous These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Copyright and Trademark Notices Unless otherwise indicated, all Content provided by the Company is copyright © 2009 MARCEL OUDEJANS T/A PERFORM! MARKETING SOLUTIONS. All rights reserved. It is the Company’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. A. Procedure for Reporting Copyright Infringements: If you believe that Content residing on or accessible through the the Company web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that the Company is capable of finding and verifying its existence; 4. Contact information about the notifier including address, telephone number and, if available, e-mail address; 5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. B.Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is the Company’s policy: 1. to remove or disable access to the infringing Content; 2. to notify the Content provider, member or user that it has removed or disabled access to the Content; and 3. that repeat offenders will have the infringing Content removed from the system and that the Company will terminate such content provider’s, member’s or user’s access to the service. C. Procedure to Supply a Counter-Notice to the Designated Agent: If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of the Content provider, member or user; 2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; 3. A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and 4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which the Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, the Company’s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s discretion. Creative Commons License: This work (the Terms of Use) is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.