TERMS AND CONDITIONS OF USE1. Definitions.
Eml-eis.com is the interactive on-line service operated by Electrical Maintenance Lusaka Limited and Electrical Instrumentation Services Limited on the World Wide Web of the Internet, consisting of information services and content provided by Electrical Maintenance Lusaka Limited and Electrical Instrumentation Services Limited and other third parties. "Subscriber" means each person who establishes or accesses a connection for access to and use of eml-eis.com.
(A) This Agreement sets forth the terms and conditions that apply to use of eml-eis.com by Subscriber. By using eml-eis.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use eml-eis.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of the information contained and provided by eml-eis.com and for ensuring that all use these information's complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) EML and EIS shall have the right at any time to change or discontinue any aspect or feature of eml-eis.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
EML and EIS shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of eml-eis.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on eml-eis.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of eml-eis.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of eml-eis.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use eml-eis.com for lawful purposes only. Subscriber shall not post or transmit through eml-eis.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without EML's or EIS's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in EML's or EIS's discretion restricts or inhibits any other Subscriber from using or enjoying eml-eis.com will not be permitted. Subscriber shall not use eml-eis.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with eml-eis.com.
(B) Eml-eis.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of EML or EIS and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on eml-eis.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of eml-eis.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted EML and EIS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants EML and EIS the right to edit, copy, publish and distribute any material made available on eml-eis.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of EML and EIS, their subsidiaries, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF EML-EIS.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER EML NOR EIS, THEIR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT EML-EIS.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF EML-EIS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH EML-EIS.COM.
(B) EML-EIS.COM 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 THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT EML OR EIS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL EML OR EIS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING EML-EIS.COM OR THE EML-EIS.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE EML-EIS.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON EML-EIS.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, EML NOR EIS, NEITHER THEIR AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN EML-EIS.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, EML NOR EIS, NOR THEIR AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
EML and EIS shall have the right, but not the obligation, to monitor the content of eml-eis.com, including but not limited to chat rooms and forums, to determine compliance with this Agreement and any operating rules established by EML and EIS and to satisfy any law, regulation or authorized government request. EML and EIS shall have the right in their sole discretion to edit, refuse to post or remove any material submitted to or posted on eml-eis.com. Without limiting the foregoing, EML and EIS shall have the right to remove any material that EML and EIS, in their sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless EML and EIS, their affiliates and their respective directors, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of eml-eis.com by Subscriber or Subscriber's Account.
EML, EIS, eml-eis.com and each of their logos are trademarks of Electrical Maintenance Lusaka Limited and Electrical Instrumentation Services Limited. All rights reserved. All other trademarks appearing on eml-eis.com are the property of their respective owners.
10. Third Party Content.
EML and EIS are distributors (and not a publishers) of content supplied by third parties and Subscribers. Accordingly, EML and EIS have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of eml-eis.com, are those of the respective author(s) or distributor(s) and not of EML nor EIS. Neither EML nor EIS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through eml-eis.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with EML and/or EIS. EML and/or EIS neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on eml-eis.com by anyone other than authorized EML and EIS employee spokespersons while acting in their official capacities. Under no circumstances will EML or EIS be liable for any loss or damage caused by a Subscriber's reliance on information obtained through eml-eis.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through eml-eis.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for eml-eis.com established by EML and EIS constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Zambia, the country of registration of EML and EIS. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.