*** These Terms and Conditions must be read before using this site ***

Welcome to the MODEL MAKER SYSTEMS website (the "Site"). By using the Site and the accompanying forum site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") . Our Privacy Policy shown separately on the site forms part of these terms and conditions. We may revise the Terms of Use and Privacy Policy at any time without notice to you. Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

 

Use of Website Information

You may download, view, copy, and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any information from this website in whole or in part without the express written authorization of MODEL MAKER SYSTEMS

Use of Software

Any use of software and accompanying documentation you download from the Site is subject to a software license agreement between you and Model Maker Systems. You must read the license agreement displayed during installation and indicate your agreement to its terms prior to installing or using the software. All rights, title, and interest not expressly granted are reserved.

 

Use of Forums and Public Communication

"Forum" means a discussion group, chat area, bulletin board, news group, letter to MODEL MAKER SYSTEMS its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish, or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam", or chain letters; or (g) violates any applicable laws or regulations. Forums shall be used in a non-commercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by MODEL MAKER SYSTEMS, you agree not to collect or store personal data about other users.

By uploading, emailing, posting, publishing, or otherwise transmitting content to any Forum or submitting any content to MODEL MAKER SYSTEMS, you automatically grant (or warrant that the owner of such rights has expressly granted) MODEL MAKER SYSTEMS a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, and distribute such content on or in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. MODEL MAKER SYSTEMS does not want you to, and you should not, send any confidential or proprietary information to MODEL MAKER SYSTEMS via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to MODEL MAKER SYSTEMS will not be considered confidential or proprietary. MODEL MAKER SYSTEMS shall be free to use any ideas, concepts, know-how or techniques contained in any content submitted by you to MODEL MAKER SYSTEMS or posted on any Forum for any purpose whatsoever, including but not limited to developing, manufacturing, marketing, and distributing products and/or services.

 

Third Party Website, Content, Products and Services

The Site may provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates, and sponsors of the Site. You agree that MODEL MAKER SYSTEMS is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that MODEL MAKER SYSTEMS is not responsible for third party content accessible through the Site, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that MODEL MAKER SYSTEMS is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that MODEL MAKER SYSTEMS is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

 

Termination of Use

You agree that MODEL MAKER SYSTEMS may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by MODEL MAKER SYSTEMS.

 

Changes

MODEL MAKER SYSTEMS reserves the right, at its sole discretion, to modify the Terms of Use in whole or in part, at any time. Please check this page periodically for changes. Changes in the Terms of Use will be effective when notice of such change is posted. Your continued use of the Site after any changes to the Terms of Use are posted will mean you accept those changes. MODEL MAKER SYSTEMS may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. MODEL MAKER SYSTEMS may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

LIMITATION OF LIABILITY AND REMEDIES

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION ALL INDERECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSS), THE ENTIRE LIABILITY OF MODEL MAKER SYSTEMS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS LICENSE AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY MODEL MAKER SYSTEMS WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR R 50.00 (S.A rands). THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

International Users and Choice of Law

This Site is controlled, operated and administered by MODEL MAKER SYSTEMS from its offices in SOUTH-AFRICA. MODEL MAKER SYSTEMS makes no representation that materials at this site are appropriate or available for use at other locations outside of South-Africa and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of South-Africa you are responsible for compliance with all local laws.

Use of this Site or any information or materials made available by MODEL MAKER SYSTEMS through this website is governed by the laws of South-Africa. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Pretoria, South-Africa. You agree to waive all defences of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Any rights not expressly granted herein are reserved. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.

These Terms of Use constitute the entire agreement between MODEL MAKER SYSTEMS and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Terms of Use shall continue in full force and effect.

Copyright/Trademark Information

Copyright 2011 MODEL MAKER SYSTEMS

ALL RIGHTS RESERVED.

Model Maker, Road Maker, Pipe Maker and Survey Maker are registered trademarks of MODEL MAKER SYSTEMS. Other names appearing on the Site may be trademarks of their respective owners.