Other than content you own, which you may have opted to include on this Website, under these Terms, the Cape Long Distance Swimming Association (CLDSA) and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
Certain areas of this Website are restricted from access by you and Cape Long Distance Swimming Association (CLDSA) may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
In these Terms, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Cape Long Distance Swimming Association (CLDSA) a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. The Cape Long Distance Swimming Association (CLDSA) reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
This Website is provided “as is,” with all faults, and the Cape Long Distance Swimming Association (CLDSA) makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing a consultation or advice to you.
In no event shall the Cape Long Distance Swimming Association (CLDSA), nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, delict, tort or otherwise, and the Cape Long Distance Swimming Association (CLDSA), including its officers, committee, directors and any employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Cape Long Distance Swimming Association (CLDSA) from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
The Cape Long Distance Swimming Association (CLDSA) is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.
The Cape Long Distance Swimming Association (CLDSA) shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Cape Long Distance Swimming Association (CLDSA) and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
These Terms will be governed by and construed in accordance with the laws of the Republic of South Africa, and you submit to the non-exclusive jurisdiction of the province and judicial courts located in South Africa for the resolution of any disputes.