TERMS & CONDITIONS
The
www.kukamahuntingsafaris.com Web Site (the "Site") is an online
information service provided by Kukama Hunting Safaris
("www.kukamahuntingsafaris.com"), subject to your compliance with the
terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SITE. www.kukamahuntingsafaris.com MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The
entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are
www.kukamahuntingsafaris.com, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from the
materials. You agree to grant to www.kukamahuntingsafaris.com a
non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to www.kukamahuntingsafaris.com by all means
and in any media now known or hereafter developed. You also grant to
www.kukamahuntingsafaris.com the right to use your name in connection
with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
www.kukamahuntingsafaris.com for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
www.kukamahuntingsafaris.com.
TRADEMARKS
Publications,
products, content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of www.kukamahuntingsafaris.com.
Other product and company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use of the Site.
You understand that, except for
information, products or services clearly identified as being supplied
by www.kukamahuntingsafaris.com, www.kukamahuntingsafaris.comdoes not
operate, control or endorse any information, products or services on the
Internet in any way. Except for www.kukamahuntingsafaris.com-
identified information, products or services, all information, products
and services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with
www.kukamahuntingsafaris.com a. You also understand that
www.kukamahuntingsafaris.com cannot and does not guarantee or warrant
that files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
www.kukamahuntingsafaris.com PROVIDES THE SITE AND RELATED INFORMATION
"AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND www.kukamahuntingsafaris.com
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. www.kukamahuntingsafaris.com DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE
PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. www.kukamahuntingsafaris.com HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.kukamahuntingsafaris.com BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF
SUCH INFORMATION OR SERVICE. EVEN IF www.kukamahuntingsarais.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
www.kukamahuntingsafaris.com LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
www.kukamahuntingsafaris.com makes
no representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access a
non-www.kukamahuntingsafaris.com web site, please understand that it is
independent from www.kukamahuntingsafaris.com, and that
www.kukamahuntingsafaris.com has no control over the content on that web
site. In addition, a link to a www.kukamahuntingsafaris.com web site
does not mean that www.kukamahuntingsafaris.com endorses or accepts any
responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to
indemnify, defend and hold harmless www.kukamahuntingsafaris.com, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the
Service.
4. Third Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of www.kukamahuntingsafaris.com and its officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5. Term Termination.
This
Agreement may be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement.
6. Miscellaneous.
This Agreement shall all be
governed and construed in accordance with the laws of South Africa
applicable to agreements made and to be performed in South Africa. You
agree that any legal action or proceeding between
www.kukamahuntingsafaris.com and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction
sitting in South Africa . Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is
barred. www.kukamahuntingsafaris.com's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. www.kukamahuntingsafaris.com may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE.©, www.kukamahuntingsafaris.com, All rights reserved.