When you sign up for any service within Pharaohs you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use Pharaohs and should not proceed to register. By using Pharaohs after FEBRUARY 1, 2007 you are agreeing to be bound by this Agreement, including all amendments made to date.
This Agreement constitutes your agreement with Pharaohs with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of Pharaohs. As used in this Agreement, ‘we’ and ‘us’ means Pharaohs or any successor or assign of Pharaohs.
Right to Use
Your right to use Pharaohs is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of Pharaohs at any time, including the availability of any Pharaohs feature, database or content. We may also impose limits on certain features and aspects of Pharaohs or restrict your access to parts or all of Pharaohswithout notice or liability.
You represent, warrant and covenant that you are at least 18 years old.
Code of Conduct
You agree to use Pharaohs in accordance with the following Code of Conduct:
a. you will keep all information provided to you through Pharaohs as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
b. you will not use Pharaohs to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, obscene, or offensive language or images;
c. you will not forward chain letters through Pharaohs;
d. you will not use Pharaohs to infringe the privacy rights, property rights, or any other rights of any person;
e. you will not post or otherwise distribute messages, pictures or recordings or use Pharaohs in any way which i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or ii.is fraudulent, misleading or otherwise unlawful or violates any law;
f. you will not use Pharaohs to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services without prior agreement;
g. you will not use Pharaohs to distribute or up load any virus, trojan horses or do anything else that might cause harm to Pharaohs systems or to other members’ systems in any way; and
h. you will not post or transmit in any manner any contact information including, but not limited to, email addresses, ‘instant messenger’ nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
Users of Pharaohs may become ‘Free Members’ or ‘VIP Members’. Free Members are allowed limited access to Pharaohs features, but are not allowed access to all of the features that VIP Members are allowed to access. Free Members are not charged by us for the features they can access. VIP Members are provided with access to additional features of Pharaohs that are not available to Free Members. VIP Members are not charged by us for the features that are free to Free Members. Certain additional features of the Service made available to VIP Members are also free of charge. Certain other features ofPharaohs are ‘paid features’, for which a VIP Member is charged.
Fees and Payments
Pharaohs may from time-to-time test different payment models and fees.
a. A VIP Member receives a subscription giving access to the ‘paid features’ of Pharaohs. Subscription Members will be able to send unlimited e-mails and instant messages for as long as the Subscription remains active.
b. In order to purchase a Subscription, you may make an online charge to a credit card account in accordance with our pricing policy for Subscriptions as posted on Pharaohs from time to time. Alternatively Internet transfers or direct bank deposits are accepted and full information are found under Subcrive VIP on Pharaohs.
c. A Subscription is valid for either 30 days from the time of payment (one month package), 90 days from the time of payment (three month package), 180 days from the time of payment (six month package) or 365 days from the time of payment (twelve month package). Premium SMS are valid for 14 days from the time of payment (two weeks).
d. If your usage of Pharaohs is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused Subscription time is automatically and immediately forfeited.
e. THE PURCHASE OF A SUBSCRIPTION IS NON-REFUNDABLE. Once purchased the Subscription has no monetary value and only entitles you to use of paid features on Pharaohs for the Subscription Period based on your selected subscription package for a period of 14 days, 30 days, 90 days, 180 days or 365 days, as the case may be.
f. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method of payment which is acceptable to us, at our sole discretion.
g. You also are responsible for any fees or charges incurred to access Pharaohs through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
Privacy and Use of Information
By using Pharaohs you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you post on Pharaohs or provide to them and you should use caution in selecting the personal information you post or provide to others through Pharaohs; and (c) we cannot assume any responsibility for the content of messages sent by other users of Pharaohs, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. As part of Pharaohs, we may from time to time, email to you publicly available information about other users of Pharaohs whom we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of Pharaohs, this includes information which we may provide directly to you but which has been posted or provided to us by other users of Pharaohs. You may not use Pharaohs for any unlawful purpose. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. You confirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or recordings prior to your posting to or otherwise distributing them throughPharaohs.
Monitoring of Information
We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.
Removal of Information While we do not and cannot review every message or other material posted or sent by users of Pharaohs, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to Pharaohs or users ofPharaohs.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of Pharaohs or the Internet by others may be grounds for termination of your access to all or part of Pharaohs at our sole discretion, and you may be referred to appropriate law enforcement agencies.
Pharaohs contains information which is proprietary to us our partners, and our users. We assert full copyright protection in Pharaohs. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
You acknowledge that we are not responsible for suspension of Pharaohs, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of Pharaohs during the previous 12 months. We may discontinue or change Pharaohs or its availability to you at any time, and you may stop using Pharaohs at any time.
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on Pharaohs by users using your password, including but not limited to use of your password by any third party.
External Links / Traffic Partners
You agree to indemnify us, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of Pharaohs, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
Pharaohs is distributed on an ‘as is’ basis. We do not warrant that Pharaohs will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of Pharaohs. Where permitted by law, you acknowledge that Pharaohs is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of Pharaohs is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile (including any member profile which we may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through Pharaohs, our partners or any user of Pharaohs or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through Pharaohs or any user of Pharaohs or any other service. Your continued use of Pharaohs now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on Pharaohs or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of Pharaohs. Your continued use of Pharaohsnow, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to Pharaohs, or of any Pharaohs related products and services.
This Agreement is entered into in Cape Town, South Africa. You agree that it will be governed by the laws of South Africa and any disputes arising out of this Agreement will be subject to the local courts. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
You do not have the right to assign this Agreement or any of your rights to Pharaohs to anyone. Pharaohshas the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Pharaohs, if Pharaohs‘s obligations hereunder are assumed by a third party,Pharaohs shall be relieved of any and all liability under this Agreement.
© Pharaohs, 2004 – 20016.
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