By using and/or visiting this website (collectively, including all content and functionality available through the Webmail.co.za domain name, the "Webmail.co.za Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Webmail.co.za's privacy notice, found at http://www.Webmail.co.za and incorporated here by reference, and (3) Webmail.co.za's Community Guidelines, found at http://www.Webmail.co.za and also incorporated here by reference. If you do not agree to any of these terms, the Webmail.co.za privacy notice, or the Community Guidelines, please do not use the Webmail.co.za Website. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.Webmail.co.za. Webmail.co.za may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
3. Webmail Users and Accounts
In order to access some features of the Website, you will have to create a Webmail.co.za account. You may never use another persons account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Webmail.co.za immediately of any breach of security or unauthorized use of your account. Although Webmail.co.za will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Webmail.co.za or others due to such unauthorized use.
4. Permissions and Restrictions
Webmail.co.za hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
4.3 You agree not to use the Website, including the Webmail.co.za Embeddable Player, for any commercial use without the prior written authorization of Webmail.co.za. Prohibited commercial uses include any of the following actions taken without Webmail.co.za's express approval:
4.4. Prohibited commercial uses do not include:
4.5 If you use the Webmail.co.za Embeddable Player on your website, you must include a prominent link back to the Webmail.co.za website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
5. Email and mobile marketing
1. Webmail reserves the right to insert, place, send or deliver marketing and advertising messages including Direct mailers into the user's mailbox and viewing area within Webmail and Webmobile, as well as to their Mobile phones, should this information be supplied.
6. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Webmail.co.za Website.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Webmail.co.za Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Webmail.co.za Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Webmail.co.za Service or otherwise as prohibited under this Agreement.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
You understand that when using the Webmail.co.za Website, you will be exposed to User Submissions from a variety of sources, and that Webmail.co.za is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Webmail.co.za with respect thereto, and agree to indemnify and hold Webmail.co.za, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
7. Your User Submissions and Conduct
As a Webmail.co.za account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Webmail.co.za does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Webmail.co.za to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Webmail.co.za, you hereby grant Webmail.co.za a worldwide, non-exclusive, royalty-free, sublicenseable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Webmail.co.za Website and Webmail.co.za's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Webmail.co.za Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Webmail.co.za Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licences granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Webmail.co.za Service. You understand and agree, however, that Webmail.co.za may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Webmail.co.za all of the license rights granted herein.
Webmail.co.za does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Webmail.co.za expressly disclaims any and all liability in connection with User Submissions. Webmail.co.za does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Webmail.co.za will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Webmail.co.za reserves the right to remove Content and User Submissions without prior notice.
8. Account Termination Policy
Webmail.co.za will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
9. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBMAIL.CO.ZA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBMAIL.CO.ZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WEBMAIL.CO.ZA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 WEBMAIL.CO.ZA WEBSITE. WEBMAIL.CO.ZA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBMAIL.CO.ZA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEBMAIL.CO.ZA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL WEBMAIL.CO.ZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS 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 VIA THE WEBMAIL.CO.ZA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless Webmail.co.za, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Webmail.co.za Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Webmail.co.za Website.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Webmail.co.za Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Webmail.co.za Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Webmail.co.za without restriction.
You agree that: (i) the Webmail.co.za Website shall be deemed solely based in Johannesburg, South Africa; and (ii) the Webmail.co.za Website shall be deemed a passive website that does not give rise to personal jurisdiction over Webmail.co.za, either specific or general, in jurisdictions other than Johannesburg. These Terms of Service shall be governed by the internal substantive laws of the State of South Africa, without respect to its conflict of laws principles. Any claim or dispute between you and Webmail.co.za that arises in whole or in part from the Webmail.co.za Website shall be decided exclusively by a court of competent jurisdiction located in Johannesburg, South Africa. These Terms of Service, together with the Privacy Notice at http://www.Webmail.co.za and any other legal notices published by Webmail.co.za on the Website, shall constitute the entire agreement between you and Webmail.co.za concerning the Webmail.co.za Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Webmail.co.za's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Webmail.co.za reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Webmail.co.za Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WEBMAIL.CO.ZA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBMAIL.CO.ZA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.