1. Description of Service
MODEL BASE is providing Member with online portfolio hosting service. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by MODEL BASE on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, MODEL BASE makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. MODEL BASE shall have no liability for any interruptions in the use of this Website. MODEL BASE disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
MODEL BASE SHALL NOT be liable for any damages whatsoever, and in particular MODEL BASE shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MODEL BASE has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold MODEL BASE, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify MODEL BASE of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of MODEL BASE.
6. Modifications and Interruption to Service
MODEL BASE reserves the right to modify or discontinue the Service with or without notice to the Member.MODEL BASE shall not be liable to Member or any third party should MODEL BASE exercise its right to modify or discontinue the Service. Member acknowledges and accepts that MODEL BASE does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
8. Governing Jurisdiction of the Courts of the Republic of South Africa.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
Any use of materials on the website, including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MODEL BASE is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MODEL BASE.
MODEL BASE is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content without the express, written consent of MODEL BASE. However, MODEL BASE does not claim ownership rights in your works or other materials posted by you to MODEL BASE (Your Content).
MODEL BASE, MODEL BASE.co.za and MODEL SPACE.co.za are proprietary marks of MODEL BASE.co.za. MODEL BASE's trademarks may not be used in connection with any product or service that is not provided by MODEL BASE, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MODEL BASE.
All other trademarks displayed on MODEL BASE's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with MODEL BASE.
11. Notification of Claimed Copyright Infringement
MODEL BASE respects the intellectual property rights of others and expects users of the Service to do the same. At MODEL BASE's discretion and in appropriate circumstances,MODEL BASE may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work has been violated through this Service, please contact MODEL BASE for notice of claims of copyright infringement, By Fax: (041) 363-6767 or By Email: <a href="mailto:firstname.lastname@example.org" target="_blank">email@example.com</a> . You must provide the following information, which MODEL BASE may then forward to the alleged infringer:
<li>A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</li>
<li>Identification of the copyrighted 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.</li>
<li>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 the service provider to locate the material.</li>
<li>Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.</li>
<li>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.</li>
<li>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.</li>
MODEL BASE retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, MODEL BASE reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
13. Other Terms