WEB
SITE TERMS OF USE
Wow! You actually came to this page. Our lawyers
made us include it and made us use a precious button on our home
page to get you here. At first, we thought the lawyers were a real
pain. But then we read the page. What a Netwakening! It's really
important stuff. We took the legalese the lawyers wrote and
translated it into readable English. So be a smart nethead and read
the stuff on this page. It could prevent you from hearing from our
lawyers, or worse yet, from really nasty people, like prosecutors.
Here's the deal:
We run this site so that people like you (and
people you like) can use it for personal entertainment, information,
education, communication, and cybergratification. So go ahead and
browse around all you like. You can even download stuff from the
site but only for non-commercial, personal use. If you do, though,
don't fool around with the copyright and other notices all over the
stuff. They're there for a really good reason. And don't even think
about distributing, modifying, transmitting, reusing, re-posting, or
anything else uncool with any of the stuff, including the text,
images, audio, and video, for public or commercial purposes unless
we give you written permission. And it's not likely we will.
If you visit our site, you're also legally
obligated to [read: stuck with] the terms and conditions listed
below and any other law or regulation that applies to the site, the
Internet, the World Wide Web, or Gauteng, South Africa. You
shouldn't access or browse the site if you have any problem with
that, because once you start, there's no turning back -- you are
bound by [read: stuck with] the terms and conditions.
So here's the scoop on our Top Ten Rules for
Cybersurfers who hang out on our site:
1. For everyone's sake, just assume that
everything on the site is copyrighted unless we say it's not. So you
can't use the stuff except how we say you can on this page or
anywhere else on the site without our written permission. And like
we said before, it's not likely we'll give you permission anyway. In
fact, even if we wanted to, the lawyers are likely to veto any deal
anyway. So it's better you don't even ask.
2. While we try to include accurate stuff on the
site, we're not promising you it's accurate. In fact, we're not
promising you anything except fun and entertainment. So if you use
stuff on the site, you're using it at your own risk. Don't call us
if there's a problem because we assume no liability or
responsibility for errors or omissions on the site.
3. We and anybody else who helped us create,
produce, or deliver the site are not liable for any damages you
suffer when you use it. In particular, the lawyers want you to know
that our disclaimer includes "direct, incidental, consequential,
indirect, or punitive damages arising out of your access to, or use
of, the site. Without limiting the foregoing, everything on the site
is provided to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON INFRINGEMENT.
Please note that some jurisdictions may not allow
the exclusion of implied warranties, so some of the above exclusions
may not apply to you. Check your local laws for any restrictions or
limitations regarding the exclusion of implied warranties." Ugh!
What a mouthful from the mouthpieces. We put all of that in quotes
because we couldn't figure out any other way to say it that the
lawyers would accept. But here's the bottom line -- we're not
responsible if you're browsing around and the site damages you or
your computer or infects it with any nasty viruses. We sure hope
that doesn't happen, but if it does, don't call us.
4. If you don't want the world to know something,
don't post in on the site in any bulletin board or anyplace else.
That's because anything you disclose to us is ours. That's right --
ours. So we can do anything we want with the stuff you post. We can
reproduce it, disclose it, transmit it, publish it, broadcast it,
and post it someplace else. We can even send it to your mother (as
soon as we find her address). Not only that, we can even use any
ideas, concepts, know-how, or techniques you post any way we want
to, including, developing, manufacturing and marketing products or
other stuff using the information you post.
5. Pictures of people or places shown on the site
are either our property or someone else's property we're using with
their permission. No matter what, it's definitely not your property.
You or any of your net-friends can't use it unless we said you could
on this page or somewhere else on the site. And guess what -- we
won't say yes. So be careful, Bunky, because unauthorized use may
violate all sorts of nasty laws. Be smart, keep the stuff you
download to yourself.
6. There's also a lot of trademarks, logos, and
service marks on the site that either we own or we're using with
someone else's permission. So don't think you have any kind of
license or right to use them, because you don't and we're not about
to give you one. If you don't leave them alone and mess with our
trademarks, logos and service marks on our site, we'll probably go
ballistic, so will the companies that own the other trademarks,
logos and service marks. That means that we're likely to sue you or
to ask a prosecutor to come after you for messing around with our
property or the property of others.
7. You'll probably notice we've linked our site to
lots of others. While that's cool, it doesn't mean we've looked at
all those sites, much less checked them out periodically to see
what's going on. So don't blame us if some site you link to is bad
or has stuff on it that offends you or your pets. Go ahead and link,
but remember, you're doing it at your risk.
8. That brings us to what you do on our own site.
While we occasionally listen in on chat groups, or look at the
posting in our discussion groups or on our bulletin boards, we take
no responsibility and assume no liability for the content of those
locations or for any mistakes, defamation, libel, slander,
omissions, falsehoods, obscenity, pornography, or profanity you
might encounter when you visit such places on our site. And don't be
stupid by posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, nasty, mean, or profane material or any material that
law enforcement types may consider a criminal offense, get someone
in court on a civil lawsuit, or for that matter violate any law --
anywhere, anytime. While we certainly respect your privacy, we have
no choice but to fully cooperate with any law enforcement
authorities or court which might ask us who might have posted nasty
stuff on our site.
9. Software that we use on this Site is protected
by all sorts of patriotic U.S. laws. Because of that, you can't
download or send the software to anyone in the vacation travel spots
of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country
where United States has embargoed goods; or (get this) to anyone on
the United States Treasury Department's list of Specially Designated
Nationals, the U.S. Commerce Department's Table of Deny Orders, or
the FBI's Most Wanted Internet Creeps List (just kidding on the last
one). As if that were not tough enough, if you live in or are a
national of any of those lovely places, you're not even supposed to
be reading this page, so beat it!
10. We're also allowed to change this page and
anything else on the site any time we want to. That's because it's
ours and we have the programmers who can do it. If we do change the
page, then you're bound by [read: stuck with] those changes, too,
whenever you visit our site.
11. If either of us wants to make something of it
and wants to "sue" (a dirty word) then we have to follow these rules
of engagement. (sort of according to the Geneva Convention):
This Agreement is governed by the laws of the
State of Gauteng, South Africa, without regard to principles of
conflict of laws.
To the extent you have in any manner violated or
threatened to violate Spyequipmentguide.com and/or its affiliates'
intellectual property rights, Spyequipmentguide.com and/or its
affiliates may seek injunctive or other appropriate relief in any
province or court in the Province of Gauteng, South Africa, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree
to first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Gauteng, South Africa. Any costs
and fees other than attorney fees associated with the mediation will
be shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the
dispute to binding arbitration at the following location: Gauteng,
South Africa. Judgment upon the award rendered by the arbitration
may be entered in any court with jurisdiction to do so.
If this all sounds kind of mean and undiplomatic,
you should have seen what the lawyers gave to us in the first place.
We had to remind them that human torture and sacrifice was outlawed.
Boy, did they look disappointed!
7 June 2003
Spyequipmentguide.com