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Terms and Conditions

Terms and Conditions for the use of the Corpus Cooperative at North-West University (COCO@NWU).

1. Definitions For the purposes of this Agreement the following definitions will have the meanings assigned to them hereunder:

“Agreement” means the Terms and Conditions of this User Agreement in the form posted from time to time on the Proprietor Site hereby accessed, and any Proprietor policies relating to subscriptions to the Services of which Users have been informed. “User” means individual who make use of the Proprietor Site. "Proprietor" means the North-West University. “Proprietor Site” means this World Wide Web address known as https://coco.nwu.ac.za and the Services offered hereon. "Service" means the online service and all its content the User gains access to through the Corpus Cooperative at North-West University (COCO@NWU).

User’s Undertaking and Agreement

By accepting this User Agreement, the User acknowledges that it has read this Proprietor online Terms and Conditions of this User Agreement and agrees to abide by its terms and conditions as currently in effect and as they may be changed from time to time and posted on the Proprietor Site or as made available to the User by other means. Please read the following User Agreement before using the Service on the Proprietor Site as User. By using the Service as User online, you agree to all of the terms and conditions of the Service. If you do not agree with any of the terms or conditions contained herein, please do not use the Service. The Proprietor reserves the right to change, modify, add or remove portions of this User Agreement or the terms or conditions contained herein at any time. Changes will be posted periodically on the Proprietor Site. Your continued use of the online Service following the posting of any changes will mean that you have accepted the changes.

2. General

This User Agreement and any other Proprietor policies relating to the use of the Service (collectively, this “Agreement”) set forth the terms and conditions that apply to your use of the Service.

3. Use

Your use of the Service constitutes your agreement to all of the terms, conditions and notices below in addition to the general terms and conditions contained in this Agreement. If you do not agree with these provisions, please do not use the Service as stated above. Proprietor reserves the right to change, modify, add or remove portions of this User Agreement at any time. Please check this section of the Service periodically for any such changes. Your continued use of the Service following the posting of any changes will mean that you have accepted the changes.

• In General

As a condition of using the Service, you agree to abide by all applicable local, state, national and international laws and regulations relevant to the use of the Service. In addition, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement (including, without limitation, any use that infringes another’s copyright rights). You may not use the Service in any manner that could damage, disable, overburden or impair the Proprietor Site or any user thereof, or interfere with any other party’s use of the Service.

• Copyright and Trademark Protection

All Products contained on the Service (including, without limitation, the Proprietor Site look and feel, layout, design, text, software, images, graphics, video and audio content (“Products”)) are the property of the Proprietor, its affiliated companies or licensors and are protected by South African copyright, trademark and other intellectual property laws and international treaties.

• Downloading Products and Services

You may not publish, copy, automatically browse or download, display, distribute, post, transmit, perform, modify, create derivative works from or sell any information, Products or services obtained from the Service in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording or otherwise, except as expressly permitted under applicable law or as described in this User Agreement. You also may not engage in systematic retrieval of data or other content or Products from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory. However, nothing in this User Agreement is intended to restrict your “fair use” of the Service in accordance with applicable law.

• Third Party Proprietor Sites

Hyperlinks to other Internet resources are provided for your convenience. The editors of Proprietor have selected these resources as having some value and pertinence, but such resources’ development and maintenance are not under the direction of Proprietor. Thus, the content, accuracy, opinions expressed and other links provided by these resources are neither verified by Proprietor editors nor endorsed by Proprietor. Because Proprietor has no control over such sites and resources, you acknowledge and agree that Proprietor is not responsible for the availability of such external sites or resources. In addition, you acknowledge and agree that Proprietor does not endorse and is not responsible or liable for any content, advertising, Products or other products on or available from such sites or resources. Furthermore, you acknowledge and agree that Proprietor will not be liable, directly or indirectly, for any damage or loss caused by the use of any such content or Products.

• Using the Service and Privacy

By using any Service on this site (when you upload, submit, store, send or receive content to or through our Services), you confirm that you will not infringe any copyright, patent, trade secret, trademark, or other proprietary right held by any third party. You agree to defend, indemnify and hold harmless Proprietor, its affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of any unauthorized submission of a User Uploaded Product to this site. You agree to grant and hereby grant to the Proprietor of the site a non-exclusive, worldwide, right and license and/or otherwise commercially transfer the data submitted to the Proprietor to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content.

4. Intellectual Property Rights

You acknowledge that the Service contains copyrighted Products, trademarks, and other proprietary information owned by Proprietor, its licensors and third parties, and that your use does not confer on you any right, title or interest in or to the Service, the related documentation, content, Products or the intellectual property rights relating thereto. Unauthorized copying of any portion of the Service may result in litigation under applicable copyright, trademark or other intellectual property laws or international treaties and loss of privileges granted pursuant to this Agreement.

5. Disclaimer of Warranty and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER PROPRIETOR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME, UNINTERRUPTED, OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICE. THE SERVICE IS PROVIDED ON AN ”AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. IN NO EVENT SHALL PROPRIETOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS, OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF PROPRIETOR WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY A USER, OR ANY OTHER PERSON.

In the event any claim relating to the performance or non-performance by Proprietor pursuant to this Agreement, or in any other way concerning the Service is made by a User, the actual damages to which such User may be entitled shall be limited to the fees, if any, paid by the User for the Service.

6. Indemnification

You agree to defend, indemnify and hold harmless Proprietor, its affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of the use or unauthorized copying of the Service or any of its content, the violation of this Agreement or any applicable laws or regulations, or arising out of your violation of any rights of an Authorized User.

7. Miscellaneous

This Agreement is entire and complete, and no representations, warranties, agreements or covenants, express or implied, of any kind or character whatsoever have been made by either party hereto to the other, except as expressly set forth in this Agreement. Except as provided herein, this Agreement may not be modified or changed unless the same shall be in writing and signed by an authorized officer of the party to be bound thereby. You may not assign any of your rights or delegate any of your obligations under this Agreement without Proprietor’s prior written consent. This Agreement shall be subject to and construed in accordance with the laws of the Republic of South Africa. The section headings used herein are for convenience only and shall not be given any legal import. The provisions of Sections 4, 5, 6 and 7 shall survive termination of this Agreement.