TNA 5 Website Terms of Use

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Terms of Use

1. This website is established by Capesoft Software (Pty) Ltd. (hereinafter referred to as 'CapeSoft') for the purpose of providing certain information and services. Please read the following Website Service Agreement carefully before using the website. For users who are twenty (20) years of age or below, a legal guardian must be present whilst reading the Agreement. If you or your legal advisor does not agree with any clause or policy in this Agreement, please stop using the website immediately. Should the user continue using the CapeSoft website, the user and his or her legal guardian are impliedly agreeing with all policies, statements and content contained in the Website Service Agreement. CapeSoft reserves the right to amend at any time any content in this Agreement. If you or your legal guardians do not agree with any amendment(s) made, please immediately refrain from using the information or services on the CapeSoft website.

2. All information and services (including but not limited to written text, applications, software, music, sounds, images, photos, animations, website format, website arrangements and any other types of information) provided on this website belong to CapeSoft and its right-owners and are protected under relevant ownership, copyright, trademark, patent or other laws. Any one is prohibited to reproduce, distribute, adapt, edit, broadcast publicly, transmit publicly, transfer, lease, sell, or illegal use any prior mentioned information without appropriate written authorization from CapeSoft. In the event of infringement of an intellectual property right, the infringer shall undertake all legal obligations and CapeSoft reserves the right to pursue further legal action(s).

3. Any downloads and/or installations of software provided through the CapeSoft website are restricted by the License Agreement of the software itself. Do not download, install or use the software if you do not agree with any statements, restrictions or content in the License Agreement. Do not reproduce the software to other servers or media formats. All modifications, reverse engineering, de-compiling, or disassembling on the software, as well as removal or alteration of trademark(s), logo(s) or attention notes connected with the software are prohibited by law.

4. All services and information provided through the CapeSoft website are protected by law. The following website usage behaviors are prohibited by law:
(1) Instigating or participating in any illegal behavior(s) or activities by using the services and information provided through the CapeSoft website.
(2) Interfering with or interrupting any CapeSoft website services or server connections.
(3) Creating links to the CapeSoft website for profit or the resale of CapeSoft internet services.
(4) Posting, transmitting or distributing any misleading or deceptive advertisements or promotional information in respect of the CapeSoft website.
(5) The transmission of any information with the potential to infringe the legal rights of other parties.
(6) The transmission of any illegal information, instigation of illegal activities, or aiding or abetting in the illegal activities of other parties.
(7) The transmission of information, of which the content or the action of transferal is illegal under applicable domestic or international laws.
(8) The transmission of any information (including but not limited to text, messages, images, files, links, software or any formats of information) with malice, impropriety, breach of law, threats, interference, aspersions, vulgarity, obscenity, inciting hatred or any forms of adverse communication.
CapeSoft has the right to delete any words, material or content contained within the website which CapeSoft considers to be improper or inappropriate.

5. Anyone who intends to use the information or service(s) through the CapeSoft website and transmits or registers his or her personal information on the website shall guarantee the genuineness of the personal information. Should there be any false or forged information is found, he or she shall undertake the legal obligations by himself or herself. CapeSoft shall not disclose any names, addresses, email addresses and/or other protected personal information to another party or the public without each respective user’s valid consent unless one of the following situation happens, or the respective Website Service Agreement provides exceptions.
(1) As required by law.
(2) As required by any legal or government authorities for the purpose of law enforcement.
(3) In the protection of rights and property belonging to CapeSoft.
(4) In the protection of the safety of other users, registrars, and/or third parties.
(5) CapeSoft will not sell or supply any personal information provided by website users or registrars through the CapeSoft website to any third parties (individuals, companies or other). However, CapeSoft Technology Co., Ltd and/or members of its corporate group have the right to make use of any information provided by users or registrars for marketing or sales purposes.
(6) Users or registrars of the CapeSoft website acknowledge and agree that CapeSoft Technology Co., Ltd, members of its corporate group and/or business partner(s) reserve the right to collect, use, store, process and transfer any personal information provided for marketing purposes, sales, provision of services, surveys and/or research.

6. CapeSoft provides the appropriate screening measures for material it publishes on the internet. All information provided on the website is intended to be "as it is" and accurate. However, CapeSoft does not guarantee the effectiveness, suitability, accountability and/or potential infringement of right(s) or otherwise of the contents of the website. Further, CapeSoft does not assume any responsibility for any direct, indirect or any other form of loss or damage due to the interruption or unavailability of any CapeSoft website function, information or service. Additionally, in no event shall CapeSoft assume any responsibility for any loss caused by missing or inaccurate web content, spelling errors, miscalculations or delays or deferrals in updating information or the like.

7. All users of the CapeSoft website must observe the CapeSoft Website Service Agreement and all related applicable legislation. In the event of a breach of this Agreement, CapeSoft reserves the right to remove the user's entitlement to browse information or use any services provided through the CapeSoft, at any time. CapeSoft further reserves the right to pursue legal action for any loss or damage arising from any conduct or activities of the user. The infringer and his or her legal guardian (if any) shall undertake the legal obligation jointly.

8. Any conflict or dispute arising from the use of any CapeSoft website information, service(s) or Website Service Agreement are governed by the laws of South Africa. In the event where the dispute cannot be initially resolved through alternative dispute resolution procedures, the Cape Town High Court will be the court of initial hearing.