Association of Independent Record Companies South Africa

Terms and Conditions of AIRCO Website Use

Introduction
In addition to being an informational resource, airco.org.za is an interface through which we efficiently and securely exchange critical information with our members and affiliates.

By accessing the AIRCO Website (the “site”), you, as a user (“you”) agree to the following terms and conditions. AIRCO reserves the right to change the terms and conditions of this agreement from time to time.

Any and all brand, product, service and process names appearing on this site are trademarks of the respective holders. AIRCO’s logo and other official property including trademarks may be used publicly with written permission only from AIRCO. Fair use of AIRCO trademarks in advertising and promotion of AIRCO products requires proper acknowledgment. Reference to or use of a product, service or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by AIRCO.

All materials contained in the site (the “material” or “materials”), which include among other things images, illustrations, designs, icons, photographs, audio clips, video clips, articles, documents, products, software, databases, services and other materials that are part of this site are copyrighted or trademarked property of AIRCO or its Affiliates and/or Members. All trademarks and trade names are proprietary to AIRCO or its affiliates.

You may not copy, reproduce, republish, upload, post, transmit or distribute the materials in any way without AIRCO’s prior written permission. You may not mirror any material contained on this site on any other server. You my not use any of the materials in any other website or networked computer environment for any purpose other than outlined herein.

Nothing on this site shall be construed as conferring any licenses under any of AIRCO’s or any third party’s intellectual property rights. You acknowledge sole responsibility for obtaining such licences.

You may display, copy, distribute or download the materials on this site provided that all of the following conditions are met:

Both the copyright notice which appears on this site and this permission notice appear on the materials,
The use of such materials is solely for personal, non-commercial and informational use and will not be copied or posted on the internet or any other network computer or broadcast in any media, and
No modifications of any of the materials are made without our express approval.

NOTWITHSTANDING THE ABOVE, YOU ARE EXPRESSLY PROHIBITED FROM DOWNLOADING ANY DATABASES MADE AVAILABLE ON THIS SITE AS INFORMATION RESOURCES.

You are prohibited from copying or imitating, in whole or in part, the design or layout of this Site or elements protected by trade dress that are protected by South African and International law and other intellectual property rights. Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, or other laws. Such violations may result in civil and criminal penalties against you.

This agreement is effective unless and until terminated by either you or AIRCO. You may terminate this agreement at any time. Your access to the site may be terminated immediately without notice from us, if in our sole discretion you fail to comply with any term or provision of this agreement. Upon any termination of this agreement you agree that you will cease use of this site immediately and destroy all materials obtained from this site and all copies thereof, whether made under the terms of this agreement or otherwise.

AIRCO may ask you to choose passwords or may issue to you certain passwords and user identification numbers for access to certain areas of the Site. You agree not to disclose such passwords and user identification numbers chosen by you or issued to you to any third party.

Personally identifiable information submitted by you to AIRCO through forms on the Site is treated according to AIRCO's Privacy Policy located on this Site, which you hereby mandate that you have read and understood.

This Site may contain software and documentation or other Materials available for download. All such software and related Materials are the copyrighted works of AIRCO and/or other parties. You are prohibited, and you agree that you will not download or use any software unless you agree to abide by the terms of any included license agreement thereto.

You agree not to submit to the Site shall any content which

is malicious, defamatory, invasive of privacy, or is obscene, pornographic, abusive or threatening;
violates or infringes any person's legal rights or the legal rights of any entity, including, but not limited to, copyrights, trademarks and patents;
violates any law;
advocates any unlawful activity; or
solicits funds for or otherwise advocates any organization, goods or services.

You are solely responsible for any Materials you submit, and that AIRCO has no responsibility for any of these Materials, including their legality, originality, reliability and appropriateness. By submitting your content, you agree to be bound by these terms.

AIRCO controls this Site from its offices within the Republic of South Africa. AIRCO makes no representation that Materials in the Site are appropriate or available for use in other regions, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of South African export and/or copyright laws and regulations.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF SOUTH AFRICA WITHOUT REGARD TO ITS RULES GOVERNING CONFLICTS OF LAW. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THIS AGREEMENT SHALL ONLY BE IN A COURT OF PROPER AUTHORITY LOCATED IN JOHANNESBURG, SOUTH AFRICA.

If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement. No action arising out of this Agreement may be brought by you more than two years after the date the cause of action has accrued. You may not assign this Agreement or any of its rights or obligations without the prior written consent of AIRCO, and any such attempted assignment will be void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Notwithstanding anything else set forth herein to the contrary, the relationship between you and AIRCO is an independent contractor relationship only, and nothing herein shall be construed to create a partnership, joint venture, franchise, employment, or any other agency relationship between the parties. If any provision hereof is declared invalid by a court of proper authority, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.

Disclaimer:

AIRCO makes no representations or warranties of any kind, whether express or implied, regarding this Site or its contents. AIRCO expressly disclaims any such representations and warranties, including, but not limited to those relating to merchantability and fitness for a particular purpose. Moreover, AIRCO does not represent or warrant that any Materials which you may access at or through the Site are current, accurate or complete. The Site and all of its contents are provided on an "as is" basis only. AIRCO may change information relating to pricing and availability without notice. You agree that you will use the Site and any Materials available at or through the Site solely at your own risk. You also agree that you are solely responsible for all costs associated with any servicing or repairs of any equipment you use, including your computer, as part of your use of the Site and that AIRCO will not in any way be liable to you for damages of any kind which relate to your use of the Site. You also agree to waive any and all claims of any kind or nature against AIRCO, its officers, employees, affiliates or licensees, with respect to your use of this Site or any of the information or Materials available at the Site.

AIRCO has not authenticated in any way any Materials which have been supplied by parties other than AIRCO. AIRCO does not furnish, sell, license or lease any Materials except those specifically identified as being provided by AIRCO.

AIRCO may be required to report to and cooperate fully with law enforcement authorities or comply with court orders which request or direct AIRCO to disclose the identity of anyone who submits Materials which may be threatening or malicious or which violates any law.

Our Site may be accessed from other countries around the world and may contain references to AIRCO licenses, services, programs or products which are not available in your country. Any reference to these services, programs are products does not indicate that AIRCO intends to implement any of them in your country.

Neither AIRCO, nor AIRCO.org.za nor any of its officers, directors, employees, affiliates or any of its other representatives will be liable for damages arising out of or in connection with your use of or the inability to use this Site. This is an all-encompassing limitation of our liability that applies to all damages of any kind, including but not limited to, damages that are compensatory, direct, indirect or consequential, loss of profit, income or data, damage to property and claims by any other persons or entities. You agree to defend, indemnify and hold harmless, AIRCO, its officers, directors, employees, agents, distributors and its affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from or related to your use of the Site or your breach of any of the agreements, representations or warranties you have made to or with AIRCO.

Our Site may contain links to other web sites which are not under AIRCO's control. AIRCO makes no representations of any kind regarding the content of such sites and you agree to irrevocably waive any claim against AIRCO with respect to such sites. You agree that anytime you access a different web site through AIRCO's Site, you do so at your own risk. AIRCO is not responsible for the accuracy or reliability of any information or Materials contained on non-AIRCO web sites you access through our Site. AIRCO allows links to other web sites merely as a convenience to you. However, AIRCO's webmaster would like to be copied on any complaint by you addressed to any of these non-AIRCO sites.

AIRCO's Policy Regarding Linking to This Site:

AIRCO welcomes other sites linking to our Site, so long as the following guidelines are followed. Developers may link to any page on the Website, but should endeavour to include the word AIRCO and./or Association of Independent Record Companies as anchor text for any such link. You may not use the AIRCO logo or any other graphics or text to imply an endorsement or support by AIRCO without written permission. To inquire further, contact: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . Upon linking to AIRCO.org.za, AIRCO's content should appear in its own browser window.The content of AIRCO.org.za must not be portrayed as belonging to anyone other than AIRCO. Nor should your site imply that AIRCO is endorsing your products or services unless so arranged beforehand with AIRCO. By linking your site with the AIRCO Site, you agree that you will not provide false or misleading information about AIRCO, its officers, directors, affiliates or its services or activities. You further agree that your web site does not infringe the rights of any other person or entity, including but not limited to copyrights and trademarks. You also agree that your site does not violate any laws, advocate unlawful activity or contains content which is not appropriate for all ages. AIRCO reserves the right to remove or to request you to remove any links to any Site which is not in compliance with the foregoing terms and conditions. Should you have any questions, please contact This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

No Endorsements
The appearance of or reference to any information, Materials or other content on, or linked to, from this Site does not constitute an endorsement, express or implied of any products or services provided by entities other than AIRCO