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TERMS AND CONDITIONS OF USE
SA ATHLETE
1. Definitions.
"SA ATHLETE" is the on-line service operated by private individuals on the World Wide Web of the Internet, consisting of information services and content provided by SA ATHLETE and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of SA ATHLETE.
2. General.
(A) This Agreement, which incorporates by reference other provisions applicable to use of SA ATHLETE, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in SA ATHLETE, sets forth the terms and conditions that apply to use of SA ATHLETE by Subscriber. By using SA ATHLETE (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use SA ATHLETE is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) SA ATHLETE shall have the right at any time to change or discontinue any aspect or feature of SA ATHLETE, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
SA ATHLETE shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of SA ATHLETE, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on SA ATHLETE, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of SA ATHLETE by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of SA ATHLETE and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use SA ATHLETE for lawful purposes only. Subscriber shall not post or transmit through SA ATHLETE any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SA ATHLETE's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in SA ATHLETE's discretion restricts or inhibits any other Subscriber from using or enjoying SA ATHLETE will not be permitted. Subscriber shall not use SA ATHLETE to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with SA ATHLETE.
(B) SA ATHLETE contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of SA ATHLETE are copyrighted as a collective work under the Republic of South Africa copyright laws. SA ATHLETE owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber 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. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SA ATHLETE 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, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on SA ATHLETE 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 Subscriber. Subscriber 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 SA ATHLETE, Subscriber automatically grants, or warrants that the owner of such material has expressly granted SA ATHLETE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate 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. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants SA ATHLETE the right to edit, copy, publish and distribute any material made available on SA ATHLETE by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of SA ATHLETE, 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.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF SA ATHLETE IS AT SUBSCRIBER'S SOLE RISK. NEITHER SA ATHLETE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SA ATHLETE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SA ATHLETE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SA ATHLETE.
(B) SA ATHLETE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) 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, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT SA ATHLETE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) SA ATHLETE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION, BUT IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON SA ATHLETE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. SUBSCRIBER SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF SUBSCRIBER HAS ANY CONCERNS OR QUESTIONS ABOUT HIS OR HER HEALTH, SUBSCRIBER SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL FOR PERSONAL MEDICAL ADVICE OR TREATMENT. SUBSCRIBER SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM HIS OR HER HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING HE OR SHE MAY HAVE READ ON SA ATHLETE. SA ATHLETE IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON SUBSCRIBER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN SA ATHLETE. SUBSCRIBER'S ACCESS AND USE OF SA ATHLETE DOES NOT IN ANY WAY CREATE A PHYSICIAN/PATIENT, CONFIDENTIAL OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON SA ATHLETE'S PART OR THE PART OF ITS CONTRIBUTORS. SA ATHLETE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR ON SA ATHLETE. SUBSCRIBER'S USE OR RELIANCE ON ANY INFORMATION PROVIDED ON SA ATHLETE BY SA ATHLETE, ITS CONTRIBUTORS, LICENSORS, THIRD PARTY CONTENT PROVIDERS, OR OTHER SUBSCRIBERS IS SOLELY AT SUBSCRIBER'S OWN RISK.
(E) IN NO EVENT WILL SA ATHLETE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SA ATHLETE OR THE SA ATHLETE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SA ATHLETE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SA ATHLETE.
(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SA ATHLETE, 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, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SA ATHLETE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM 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. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. SA ATHLETE, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, SA ATHLETE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
SA ATHLETE shall have the right, but not the obligation, to monitor the content of SA ATHLETE, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by SA ATHLETE and to satisfy any law, regulation or authorized government request. SA ATHLETE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on SA ATHLETE. Without limiting the foregoing, SA ATHLETE shall have the right to remove any material that SA ATHLETE, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless SA ATHLETE, 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 SA ATHLETE by Subscriber or Subscriber's Account.
9. Termination.
Either SA ATHLETE or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, SA ATHLETE shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which SA ATHLETE, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
SA ATHLETE , SA ATHLETE , SA ATHLETE Headline News , and SA ATHLETE Learning and each of their logos are trademarks of Cable News Network LP, LLLP, a Time Warner Company. All rights reserved. All other trademarks appearing on SA ATHLETE are the property of their respective owners.
11. Third Party Content.
SA ATHLETE is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, SA ATHLETE has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of SA ATHLETE, are those of the respective author(s) or distributor(s) and not of SA ATHLETE. Neither SA ATHLETE nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through SA ATHLETE represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with SA ATHLETE. SA ATHLETE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on SA ATHLETE by anyone other than authorized SA ATHLETE employee spokespersons while acting in their official capacities. Under no circumstances will SA ATHLETE be liable for any loss or damage caused by a Subscriber's reliance on information obtained through SA ATHLETE. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SA ATHLETE. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for SA ATHLETE established by SA ATHLETE constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent.
SA ATHLETE respects the rights of all copyright holders and in this regard, SA ATHLETE has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SA ATHLETE's with the necessary information.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. Privacy Policy.
14.1 What information do we collect?
We collect information from you when you register on our site, subscribe to our newsletter or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number.
14.2 What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience
(your information helps us to better respond to your individual needs)
To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
To send periodic emails
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc.
14.3 How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you access your personal information.
Our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential.
14.4 Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
We use cookies to understand and save your preferences for future visits and .
14.5 Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
14.6 Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
14.7 Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
14.8 Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
14.9 Your Consent
By using our site, you consent to our privacy policy.
14.10 Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.
14.11 Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
http://www.saathlete.com
PO Box 990565
Kibler Park, Gauteng 2053
South Africa
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
