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Terms and Conditions of Use

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by on 27th September 2010 at 22:37 (676 Views)
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our “Privacy and Security Statement” govern AilmentsExposed.com's relationship with you, in relation to this website.

The term “lifecanbedifferent.com” or “AilmentsExposed.com” or “forum” or “blog” or “us” or “we” or “our” refers to the owner of the website whose registered office is 30 Waterford Office Park, Waterford Drive, Fourways, JHB, South Africa. (lifecanbedifferent.com's company registration number is 1993/002361/07, duly registered in South Africa.) The terms "you" and "User" refer to the user or visitor of our website.

The use of this website is subject to the following terms of use:
  • Note that by posting (on) an open forum and thread, blog or comment, you grant AilmentsExposed.com the right to feature such in any newsletter.
  • While debating and discussion is fine, we will not tolerate vulgar language, rudeness, insulting posts, personal attacks or purposeless inflammatory posts. Our decision is final in these matters. Please note the Forum Rules.
  • Multiple or repeated posting in order to increase your post count is not allowed.
  • Spamming and trolling is not allowed. This includes using the forums/threads/blogs, email, visitor messages, comments, picture comments and private message systems to spam other members.
  • Please wait a reasonable amount of time before bumping posts. Use 24 hours as a guideline.
  • We also do not allow posts or links to sites that violate vBulletin community standards
  • Discussion of illegal activities such as software and music piracy and other intellectual property violations are not allowed.
  • Due to the sensitive nature of the content and to prevent misunderstandings in translation only English is permitted. Threads/posts/blogs/comments in other languages will be deleted.
  • Posts arguing about company policies are not allowed.
  • Posts discussing moderator actions are also not allowed.
  • While these rules cover most common situations, they cannot anticipate everything. Consequently we reserve the right to take any actions we deem appropriate to ensure this forum is not disrupted or abused in any way.
  • The User acknowledges that AilmentsExposed.com contains Content that is protected by copyrights, intellectual property, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, including media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the applicable copyright laws, and Emmanuel van der Meulen and lifecanbedifferent.com or individual persons who officially post for lifecanbedifferent.com own a copyright in the selection, coordination, arrangement and enhancement of such Content.
  • User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, intellectual property or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the applicable copyright laws, User may not upload, post, reproduce or distribute in any way Content protected by copyright, or intellectual property or other proprietary rights, without obtaining written permission of the owner of the copyright or intellectual property or other propriety right.
  • Authorization to Use; Permitted Uses: You may access and use the website solely in accordance with these Terms and Conditions of Use and any posted policies and procedures that appear on the website. Any use of the website is at your sole risk and responsibility. Subject to these Terms and Conditions of Use, you may (i) display the website on an Internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute “fair use” under the applicable copyright law, you may print copies of insubstantial portions of the website.
  • All trademarks reproduced on this website that are not the property of, or licensed to, lifecanbedifferent.com, are acknowledged on the website.
  • From time to time this website may include links to and from other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked website(s). We have no responsibility for the content of the linked website(s).
  • You may create a link to this website from another website or document by obtaining AilmentExposed.com’s prior written consent. Referencing pages herein through links is allowable under the following conditions: (i) Do not attempt to disguise www.ailmentsexposed.com. (ii) Cite www.ailmentsexposed.com in the reference. (iii) Ensure that the URL of the referenced page is clearly visible. (iv) Do not display referenced pages in frames. Either open a new document window or replace the existing page by the referenced one. (v) Do not reference pages contained within frames. Instead, reference the page as a parent document.
  • Operation of website: AilmentsExposed.com shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the website.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Africa.
  • We also reserve the right to ban anyone who willfully violates the forum rules, as access is a privilege and not a right.
Accounts - Paid/Free
  • Users under the age of 13 are not allowed membership.
  • In order to post on the website, registering and account creation is required. Once you have created an account, you will be a "Registered User".
  • In creating an account, you are responsible for keeping your account information current and accurate; AilmentsExposed.com will have no liability for your failure to deliver timely notice of changes to your account information.
  • You are responsible for safeguarding the password that you use to access your account. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You are responsible for immediately notifying AilmentsExposed.com of any unauthorized use of your password.
  • You are responsible for all activity occurring under your name and shall abide by all applicable local, state/provincial, national and foreign laws, treaties and regulations in connection with your use of the website, including those related to data privacy, international communications and the transmission of technical or personal data.
  • AilmentsExposed.com does not own any data, information or material that you submit in the course of using the website (“Customer Data”). You, not AilmentsExposed.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to use of all Customer Data, and AilmentsExposed.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. AilmentsExposed.com reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, non-payment.
  • You agree to provide AilmentsExposed.com with complete and accurate billing information. This information includes your legal name, street address, email address, and name and telephone number of an authorized billing contact. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, AilmentsExposed.com reserves the right to resort to legal remedies.
  • If you believe your bill is incorrect, contact us in writing within 30 days of the date of the invoice containing the amount in question, to be eligible to receive an adjustment or credit after proper investigation.
  • In addition to any other rights granted to AilmentsExposed.com herein, AilmentsExposed.com reserves the right to suspend or terminate this Agreement and your access to the website if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest at the maximum permitted by law, plus all expenses of collection.
  • If any claim should arise, the total claim will not be for more than the product or service purchased for which the claim is made, plus interest, if applicable.
  • Should you receive a refund/prorated refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content or media, nor will you have any ownership interest in or to the same.
Links in signatures must follow these guidelines
  • Duplicate links to the same URL in a signature are not allowed.
Avatars
  • Avatars that may be confused with official staff avatars are not allowed.
  • Use of the vBulletin logo in avatars is not allowed.
  • Animated avatars are not allowed.
Affiliate Programs

The vBulletin affiliate program is designed to allow people to advertise vBulletin on their web site and earn a commission on all sales generated through that link. You are not allowed to post your affiliate link anywhere on the vBulletin forums, in your signature or send the link through private messages to other forum users. Anyone that does this may be removed from the affiliate program immediately without notice. This rule applies to all affiliate program links, not just the vBulletin program.

Signature Size Limits


All signatures should not exceed the following limits:
  • For text signatures: 4 lines normal size, 8 lines small size and up to 90 chars per line. Font sizes above 2 are not allowed. (Blank lines count as lines.)
  • Do not use images with large text to bypass the previous item
  • For images in signatures: 1 image up to 300 pixels wide, 125 pixels tall and 20k in size
  • Animated images in a signature are not allowed
Other rules

Hosting

  • Because of the high rate of software piracy on “free” hosts, discussion and questions regarding free hosting services are not appropriate for this forum.
Third-Party Disputes and Customizations

We will not mediate third-party disputes. Purchasing items from another company is done at your own risk. If you have an issue with a third-party regarding their support or conduct then you will need to handle it through the means they provide. Any such threads/blogs/comments on this topic will be closed/deleted.

Staff Disputes

Any disputes with staff will be handled in private.

Website security

You are prohibited from violating or attempting to violate the security of the website, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing” or “crashing” the website; (iv) sending unsolicited email to any user of the website, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the website. Violations of system or network security may result in civil or criminal liability. AilmentsExposed.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Disclaimer
  • Medical Disclaimer
  • Indemnification: You hereby agree to defend, indemnify and hold harmless AilmentsExposed.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand or liability arising from or relating to your violation of any of these Terms and Conditions of Use or use of the website, and you agree to bear any expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees.
  • Limitation of Damages: IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OF USE OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE WEBSITE) EVEN IF AilmentsExposed.com OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
  • Entire Agreement: These Terms and Conditions of Use set forth the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by AilmentsExposed.com (e.g., privacy policy) as a condition precedent to Clients’ use of the website, between you and AilmentsExposed.com regarding the subject matter of these Terms and Conditions of Use.
  • Amendment: No modification, amendment or waiver of these Terms and Conditions of Use or any part hereof shall be binding unless evidenced in writing and signed by AilmentsExposed.com.
  • Severability: If any provision of these Terms and Conditions of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.
  • Mutual Participation: The language of these Terms and Conditions of Use shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favour of either party hereto.
  • Headings: The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions of Use. Section headings and other headings are used for convenience only.
  • Choice of Law: These Terms and Conditions of Use shall be governed by the substantive law of South Africa, without reference to any choice of law principles that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions of Use shall be submitted to the courts having jurisdiction in South Africa and having jurisdiction in the area in which such courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts with respect to such disputes.
  • Assignment: You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless AilmentsExposed.com agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void. AilmentsExposed.com may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
  • Waiver: The waiver by AilmentsExposed.com of a breach or a violation of any provision of these Terms and Conditions of Use shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions of Use.
  • Independent Contractors: The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of these Terms and Conditions of Use shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
  • If the performance of any part of these Terms and Conditions of Use by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labour disputes or any other causes beyond the control of either party, including what are termed “Acts of God,” that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.
  • Capacity: The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions of Use and to fulfill their obligations hereunder.
  • Further Assurances: The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions of Use.
We reserve the right to update and modify these rules as the needs of the community dictate, to ensure the smooth operation of this community.

These "Terms and Conditions of Use" were last revised in October 2010.

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Updated 30th December 2010 at 22:48 by emmanuel

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