Auto-meth shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
1. Visitor Conduct.
1.1. Visitor shall use the Site for lawful purposes only. Visitor shall not post or transmit through auto-meth any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene or profane, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without auto-meth’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Visitor that in auto-meth’s discretion restricts or inhibits any other Visitor from using or enjoying the Site will not be permitted. Visitor shall not use the Site to advertise or perform any commercial solicitation.
1.2. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics and the entire contents of auto-meth are copyrighted as a collective work under the South African copyright laws. Auto-meth owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Visitor may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Visitor may download copyrighted material for Visitor’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of auto-meth (email request to firstname.lastname@example.org) and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made. Visitor acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
1.3. Visitor shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, the Visitor automatically grants, or warrants that the owner of such material has expressly granted auto-meth the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor’s personal use. Visitor hereby grants auto-meth the right to edit, copy, publish and distribute any material made available on the Site by Visitor.
1.4. The foregoing provisions of Section 2 are for the benefit of auto-meth, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
2. Disclaimer of Warranty and Limitation of Liability
2.1. Visitor expressly agrees that use of the Site is at visitor’s sole risk. Neither auto-meth, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that auto-meth will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through auto-meth.
2.2. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. Visitor specifically acknowledges that auto-meth is not liable for the defamatory, offensive or illegal conduct of other visitors or third-parties and that the risk of injury from the foregoing rests entirely with the visitor.
2.3. In addition to the terms set forth above neither, auto-meth, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within the Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Auto-meth shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by auto-meth. Auto-meth shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site.
Visitor agrees to defend, indemnify and hold harmless auto-meth, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by the Visitor.
This document was last updated on the 8th November 2011