| Welcome
to the website (the "website") of SportPartner Management
(SPM). On this website, SPM makes available to you a wide range
of information, products, downloads, documents, communications,
files, text, graphics, publications, content, tools, resources,
and services.
PLEASE
READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By accessing and using this website in any way, including, without
limitation, browsing the website, using any information, using
any content, using any services, downloading any materials, and/or
placing an order for products or services, you agree to and are
bound by the terms of use described in this document ("Terms
of Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS
AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS
WEBSITE IN ANY MANNER. The Terms of Use are entered into
by and between SPM and you. If you are using the website on behalf
of your employer, you represent that you are authorized to accept
these Terms of Use on your employer's behalf.
SPM
reserves the right, at SPM's sole discretion, to change, modify,
update, add, or remove portions of the Terms of Use at any time
without notice to you. Please check these Terms of Use for changes.
Your continued use of this website following the posting of changes
to the Terms of Use will mean you accept those changes.
Use
of Materials Limitations
All materials contained in the website are the copyrighted property
of SPM, its subsidiaries, affiliated companies and/or third-party
licensors. All trademarks, service marks, and trade names are
proprietary to SPM, or its subsidiaries or affiliated companies
and/or third-part licensors.
Unless
otherwise specified, the materials and services on this website
are for your personal and non-commercial use, and you may not
modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell
any information, products or services obtained from the website
without the written permission from SPM.
Privacy
Policy
SPM respects your desire for privacy. Your information may be
stored and processed in South Africa or any other country in which
SPM or SPM representatives and affiliates maintain facilities.
This information is highly protected and is stored in a secure
and controlled environment. By using this site, you consent to
any such transfer of information outside of your country and you
consent to the terms of our Privacy Policy.
Use
of Documents and Publications on the Website
Except as expressly prohibited on this website, you are permitted
to view, copy, print and distribute publications and documents within
this website (such as FAQ's, white papers, data sheets, press releases
and so on), subject to your agreement that: a) your use of the information
is for informational, personal, and non-commercial purposes only,
b) you will not modify the documents, publications or graphics,
c) you will not copy or distribute graphics separate from their
accompanying text and you will not quote materials out of their
context, d) you will display the below copyright notice and other
proprietary notices on every copy you make, and e) you agree that
SPM may revoke this permission at any time and you shall immediately
stop your activities related to this permission upon notice from
SPM. Use for any other purpose is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
The permission above to use documents and publications
does not include permission to copy the design elements, look
and feel, or layout of this website. Those elements of the website
are protected by law, such as trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in whole or in
part. No logo, graphic, sound or image from the website may be
copied or retransmitted unless expressly permitted by SPM.
Disclaimers and Other Notices on the User
of the Website
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, DOCUMENTATION,
MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED "AS-IS"
WITHOUT WARRANTY OF ANY KIND AND SPM HEREBY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, SPM DISCLAIMS
ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IN
NO EVENT SHALL SPM BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF
THIS WEBSITE, USE OF DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM
THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS
CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN
THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. SPM ASSUMES NO RESPONSIBILITY FOR AND
DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS
IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY
OTHER REFERENCE.
SPM MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, WEBSITE, DOCUMENTS,
PUBLICATIONS, PRICES, PRODUCT OFFERINGS AND ANY OTHER INFORMATION
AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT
UNDER THE CONTROL OF SPM AND SPM IS NOT RESPONSIBLE FOR THE CONTENTS
ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR
ANY CHANGES OR UPDATES TO SUCH SITES. SPM IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. SPM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT SPM ENDORSES
OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY
SITES.
Use
of Services on the Website
The website may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums and/or other message or communication facilities
designed to enable you to communicate with others (each a "Communication
Service" and collectively "Communication Services").
You agree to use the Communication Services only to post, send and
receive messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using the Communication
Services or the website, you will not:
1.Use the Communication Services or the website
in connection with surveys, contests, pyramid schemes, chain letters,
junk email, spamming or any duplicative or unsolicited messages
(commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
2.Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, obscene as to minors, child pornography,
racist, lewd, lascivious, filthy, excessively violent, harassing,
indecent, unlawful, or otherwise objectionable topic, name, material
or information.
3.Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received
all necessary consent to do the same.
4Use any material or information, including images or photographs,
which are made available through the website in any manner that
infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
5.Upload files that contain viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer
or property of another.
6.Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Services specifically
allows such messages.
7.Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such manner.
8.Falsify or delete any copyright management information, such
as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of material contained
in a file that is uploaded.
9.Restrict or inhibit any other user from using and enjoying the
Communication Services.
10.Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
11.Harvest or otherwise collect information about others, including
e-mail addresses.
12.Violate any applicable laws or regulations.
13.Create a false identity for the purpose of misleading others.
14.Use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of users of the
Communication Services or other user or usage information or any
portion thereof.
15.Use any SPM domain name as a pseudonymous return email address
for any communications that you transmit from another location
or through another service.
16.Transmit unsolicited or bulk communications to any SPM affiliated
email address (regardless of whether you use the website to transmit
any such communication).
17.Disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the website are able to type, or otherwise
act in a manner that negatively affects other users' ability to
engage in real time exchanges.
18.SPM has no obligation to monitor the Communication Services.
However, SPM reserves the right to review materials posted to
the Communication Services and to remove and/or edit any materials
in its sole discretion. SPM reserves the right to terminate your
access to any or all of the Communication Services at any time,
without notice, for any reason whatsoever.
SPM reserves the right at all times to disclose
any information as SPM deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials,
in whole or in part, in SPM's sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children in any
Communication Services. SPM does not control or endorse the content,
messages or information found in any Communication Services and,
therefore, SPM specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your
participation in any Communication Services. Managers and hosts
are not authorized SPM spokespersons, and their views do not necessarily
reflect those of SPM.
Materials uploaded to the Communication Services
may be subject to posted limitations on usage, reproduction and/or
dissemination; you are responsible for adhering to such limitations
if you download the materials.
Materials Provided to SPM or Posted to the Website
Unless otherwise specified, SPM does not claim ownership of the
materials you provide to SPM (including, without limitation, information,
ideas, concepts, techniques, feedback, data, questions, comments
and suggestions, or the like) or post, upload, input or submit to
the website or its associated services for review by SPM, the general
public, and/or by the members of any public or private community
(each a "Submission" and collectively "Submissions"),
and such Submissions shall be deemed not to be confidential. However,
by posting, uploading, inputting, providing or submitting ("Posting")
your Submission you are granting SPM, its affiliated companies and
necessary sub licensees permission to use your Submission in connection
with the operation of their businesses (including, without limitation,
all SPM services), including, without limitation, the license rights
to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, modify, translate and reformat your Submissions;
to publish your name in connection with your Submission; develop,
manufacture, and market products incorporating such ideas, concepts,
or techniques, and the right to sublicense such rights to any supplier
of the services and/or materials on the website.
No compensation will be paid with respect to the
use of your Submission, as provided herein. SPM is under no obligation
to post or use any Submission you may provide and SPM may remove
any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission
as described in these Terms of Use including, without limitation,
all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
In addition to the warranty and representation
set forth above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in whole
or in part ("Images"), you warrant and represent that
(a) you are the copyright owner of such Images, or that the copyright
owner of such Images has granted you permission to use such Images
or any content and/or images contained in such Images consistent
with the manner and purpose of your use and as otherwise permitted
by these Terms of Use and the website, (b) you have the rights
necessary to grant the licenses and sublicenses described in these
Terms of Use, and (c) that each person depicted in such Images,
if any, has provided consent to the use of the Images as set forth
in these Terms of Use, including, by way of example, and not as
a limitation, the distribution, public display and reproduction
of such Images. By Posting Images, you are granting (a) to all
members of your private community (for each such Images available
to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the website,
other than a private community), permission to use your Images
in connection with the use, as permitted by these Terms of Use,
of any of the services or materials on the website (including,
by way of example, and not as a limitation, making prints and
gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license
to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, modify, translate and reformat your Images without
having your name attached to such Images, and the right to sublicense
such rights to any supplier of the services and/or materials on
the website. No compensation will be paid with respect to the
use of your Images.
You acknowledge that SPM does not pre-screen Submissions,
but that SPM and its designees have the right (but not the obligation)
in their sole discretion to block or restrict access to or the
availability of, or to disable, any Submissions that is available
via the website. Without limiting the foregoing,SPM and its designees
may disable, restrict access to or the availability of, any Submissions
that violates the Terms of Use or is otherwise objectionable.
You must evaluate, and bear all risks associated with, the use
of any Submissions, including any reliance on the accuracy, completeness,
or usefulness of such Submissions.
You understand that all Submissions, whether publicly
posted or privately transmitted, are the sole responsibility of
the person from whom such Submissions originated. This means that
you, and not SPM, are entirely responsible for all Submissions
that you upload, post, provide, input, submit, or otherwise transmit
via the website. SPM does not control the Submissions posted via
the website and, as such, does not guarantee the accuracy, integrity
or quality of such Submissions. You understand that by using the
website, you may be exposed to Submissions from others that are
offensive, indecent or objectionable.
Spam
E-mail and Postings
You agree that SPM would be irreparably harmed by the use, by you
or others, of the website or facilities in connection with the transmission
of spam newsgroup postings or unsolicited e-mail in violation of
these Terms of Use, and that SPM is entitled to obtain injunctive
relief against any such transmission (in addition to all other remedies
available at law or in equity). SPM reserves the right to block,
filter or delete unsolicited e-mail.
Indemnity
You agree to indemnify, defend and hold SPM, and its subsidiaries,
affiliates, officers, agents, co-branders, partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your Submissions,
your use of the website, including any use by your employees,
your connection to the website, your violation of the Terms of
Use, or your violation of any rights of another.
Advertisements and Promotions
SPM may run advertisements and promotions from third parties on
the website. The manner, mode and extent of advertising by SPM
is subject to change. Your correspondence or business dealings
with, or participation in promotions of, advertisers other than
SPM found on or through the website, including payment and delivery
of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between you and such advertiser. SPM is not responsible
or liable for any loss or damage of any kind incurred as the result
of any such dealings or as the result of the presence of such
non-SPM advertisers on the website.
General
Information
The Terms of Use constitute the entire agreement between you and
SPM and govern your use of the website, superseding any prior agreements
between you and SPM on the subject matter (including, but not limited
to, any prior versions of the Terms of Use). Notwithstanding the
prior provision, to the extent, and only to the extent, that any
terms set forth in this Terms of Use expressly contradicts any terms
of a prior written agreement between you and SPM in effect as of
the date of your use of the website and specifically regarding your
use of the website ("Executed Agreement"), such contradictory
terms set forth in the Executed Agreement shall govern. You also
may be subject to additional terms and conditions that may apply
when you use other SPM services, third-party content . You must
not assign or otherwise transfer the Terms of Use nor any right
granted hereunder.
SPM controls and operates this website from its
headquarters in South Africa and makes no representation that
this website is appropriate or available for use in other locations.
If you use this website from other locations, you are responsible
for compliance with applicable local laws including but not limited
to the export and import regulations of other countries.
The failure of SPM to exercise or enforce any
right or provision of the Terms of Use does not constitute a waiver
of such right or provision. If a court of competent jurisdiction
finds any provision of the Terms of Use to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and
the other provisions of the Terms of Use remain in full force
and effect. Regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use
of the website or the Terms of Use must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only
and have no legal or contractual effect.
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