By using any of the websites (each a “Site”) operated by or for and on behalf of Pulling Power Media PTY LTD in any way, you agree to be bound by the following Terms of Use (“Terms”). We may modify these Terms at any time at our sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Site shall be deemed your conclusive acceptance of the modified Terms. The term “PPM” (or “we”, “our” and “us”) includes all members, subsidiaries and affiliates of Pulling Power Media PTY LTD, their respective subsidiaries and affiliates, as well as their successors and assigns.
1. Privacy
When you access the Site, we may collect the following information:
• Anonymous web statistics collected as you browse the Site
• Personal information you knowingly provide us
Some portions of the Site may require that you provide your personal information. Personal information refers to all and any information relating to you (including, but not limited to your name, contact number, email address and mailing address) obtained by us via your access to or use of this Site.
We may use your personal information for planning, research, design and marketing of services, rendering assistance to law enforcement, government or regulatory agencies, or complying with any applicable laws or any order of court.
Any information disclosed in the public areas of the Site (such as message boards and forums) becomes public information. You should exercise caution when disclosing your personal information in this way.
2. Content and Related User Conduct
You understand that you are responsible for any content that you post or transmit on or through the Site.
You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to PPM or any of its customers or users of the Site by any means.
You agree to use the Site in a manner consistent with all applicable laws and regulations. Specifically, you will not use the Site to post, transmit, distribute, link to, or solicit content that:
• contains any advertising and promotional message;
• violates or infringes any laws, regulatory requirements or codes applicable in the Republic of South Africa;
• infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
• contains any obscene, offensive, defamatory or otherwise actionable material;
• undermines the security or integrity of the Site, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
• contains any errors, whether technical or otherwise; or
• contains any material in any form that would otherwise render PPM liable or expose PPM to any proceedings whatsoever
You may not use any robot, spider, or other automatic or manual device or process to monitor or copy our web pages or any portion of the content contained herein without PPM’s express written permission.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or to impose an unreasonable or disproportionately large load on the servers serving the Site.
PPM shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via the Site. Without limiting the foregoing, PPM shall have the right to remove any content that violates these Terms or is otherwise objectionable.
3. Content Posted Or Submitted To PPM
You agree to grant to PPM a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, 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 public areas of the Site (such as message boards, forums, member profiles, yellow pages, job folders or other features that allow users to post information that will be accessible by the public or the user population generally) by all means and in any media now known or hereafter developed. You also grant to PPM the right (though you acknowledge and agree that PPM shall not be so obliged) 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 PPM for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
Except for any personal, individually identifying information which we have agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the Site, via email or otherwise, will be treated as being non-confidential and nonproprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
4. Postings by Third Parties and Hyperlinks to Third Party Websites
This Site contains hyperlinks to other websites which are neither maintained nor controlled by PPM, or may contain content posted on or via the Site by third parties. Therefore, PPM shall not be responsible for any errors or omissions in any content in the Site, or the content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked web site, nor for the privacy and security practices employed by these other website, and shall not be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Site, or arising from access to those websites. Use of the Site and any hyperlinks and access to such hyperlinked websites are entirely at your own risk.
You acknowledge that PPM has no control over and excludes all liability for any material on the Internet which can be accessed by using the Site. Neither can we be deemed to have endorsed the content.
5. Hyperlinks from Third Party Websites
You agree that caching, hyperlinking to, and framing of the Site or any of the contents are strictly prohibited.
PPM reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
6. Indemnity
You agree to indemnify, defend and hold harmless PPM, its directors, officers, employees, suppliers, licensors, agents, and any third party content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your use of the Site, your access or connection to the Site, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with PPM or your use of the Site. PPM reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with PPM in asserting any available defenses.
7. Disclaimer of Warranties
You expressly understand and agree that:
7.1 You assume total responsibility and risk for your use of the Site and the Internet. PPM does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, any merchandise, information or service provided through the Site or on the Internet generally, and PPM shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Site and any software made available on the Site are provided on an “as is, as available” basis.
7.2 PPM makes no warranty that (i) the Site will meet your requirements or will always be accessible, (ii) the Site will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, and (v) any errors in the Site will be corrected.
7.3 Any content downloaded, uploaded or otherwise obtained through the use of the Site is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.
8. Limitation of Liability
PPM does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Site or other contents accessible from the Site. In no event shall PPM be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Site, delays, inaccuracies or errors in the information or in the transmission of the Site, or any information or transactions provided on or over the Site or downloaded or hyperlinked from the Site, or performance of the contents on this Site, even if PPM has been advised of the possibility of such damages.
If you are dissatisfied with any portion of the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Site.
9. Intellectual Property Rights
Content (including, but not limited to, information, communications, software, images and sounds contained on or available through the Site) is provided by PPM, its content providers and third party licensors. The intellectual property rights to or over the contents contained in each Site belong to PPM, its content providers and/or third party licensors. All rights are reserved. The contents of the Site cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of PPM. Without prejudice to the foregoing, you agree that the material and content contained within or available through the Site may not be used for commercial purposes or distributed commercially.
Your access to or use of the Site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Site without PPM’s prior written consent. You may not, without PPM’s prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to the Site or any other website.
You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Site or create derivative works based on the Site. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Site’s underlying technology.
10. General
Your access to or use of the Site, as well as these Terms shall be governed by, and construed in accordance with Singapore laws and you agree to submit to the exclusive jurisdiction of the Singapore courts.
PPM’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms are for the benefit of Pulling Power Media and its directors, officers, employees, suppliers, licensors, agents, and any third party content providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
PPM is committed to ensuring that all content made available via this site is appropriate for our customers and not offensive. If you have any concerns over the content available on this website, please contact us at info@pullingpowermedia.com
We will endeavour to investigate all matters brought to our attention.