User Agreement

This User Agreement describes the terms on which Graphics Factory CC (“Graphics Factory”, “mapPNG”, “We”, “Us”, "Our"), a South African Corporation with its principal place of business in Mossel Bay, South Africa, offers you (“you” or “your”) access to the mapPNG.com service ("Site", "Service"). By visiting mapPNG.com or making use of the services available on mapPNG.com you are agreeing in full to the terms and conditions set out below as well as the terms and conditions in any policy documents linked to from this document (collectively, the “Agreement”). If you do not understand and agree to this Agreement in full, do not use this Site.

1. Eligibility

Only parties that can lawfully enter into legal contracts may use the mapPNG web site and services. By making use of mapPNG.com you expressly represent to us that you are at least eighteen (18) years old and that you may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties. We reserve the right in our sole discretion to refuse, suspend, or terminate service to anyone.

2. Use Of The Site

You hereby agree that you will use the mapPNG web site and any related services only for lawful purposes.

3. Reservation of Rights

We retain the right, but do not have an obligation, in our sole discretion, to stop/prevent/remove any project or transaction or to remove any user submitted material, at any point, for any reason. We retain the right, but do not have an obligation, in our sole discretion, to prevent access to our Site at any point, for any reason.

We retain the right to cancel and refund any order, at any point in the process.

4. Legal Relationships and Obligations

No agency, employee-employer relationship, joint venture, franchise or partnership is intended or created by this Agreement.

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. THIS SITE AND THE SERVICES PROVIDED BY US ARE PROVIDED ”AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD PARTY. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS. OPERATION OF THE SITE MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL. TO THE FULLEST EXTENT LEGALLY PERMITTED, mapPNG, ITS PARENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF THE SITE OR OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

6. Release of Liability

You will not hold mapPNG, its parent company, officers, directors, employees or agents responsible for the actions of other users on the Site, including any content uploaded by other users. You acknowledge that mapPNG does not function as a traditional auctioneer and that mapPNG does not verify that all user uploaded material is safe to download. You acknowledge the potential danger inherent in downloading material from the Internet and agree that any material that you download from mapPNG, including but not limited to material that you paid for, shall be downloaded and used at your own risk.

Advice (legal or otherwise) or information provided by mapPNG, its employees or any member of the Site is given without guarantee. Acting on advice or information provided on the Site shall be at your own risk.

You will not hold us liable to you or any other member for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to loss of profits, loss of business opportunities, loss of goodwill or of reputation even where mapPNG was specifically advised of the possibility of such damages.

mapPNG is offered from and controlled from South Africa. We can not and do not guarantee that the Site will be available or suitable in any other jurisdiction or that our content, processes, methods and agreements will be lawful in all jurisdictions. Those users who access the site from other jurisdictions are solely responsible to comply with local laws.

Notwithstanding any other provision or clause contained in this Agreement, in no event will our liability to you exceed the greater of (i) R1,000 (ZAR) or (ii) the total fees paid by you to mapPNG in the three months preceding the event or action that gave rise to the liability.

7. Indemnity

You agree to defend, hold harmless and indemnify mapPNG, its officers, directors, employees, related companies, affiliates and agents from and against any loss, damage, cost, expense or any other liability (including reasonable attorney's fees) incurred by us from or against any loss, damage, cost, expense, claim, demand or action brought against us by a third party in connection with your use of the Site, including any use through your user account and including any payment obligations incurred through the use of the Site. This defense and indemnification will survive this Agreement and your use of the Site.

8. Intellectual Property

Copyright to all content on the Site shall remain with mapPNG.com. Redistribution of mapPNG.com content, including but not limited to downloadable PNG images, is prohibited.

The mapPNG name and logo are trademarks of Graphics Factory CC.

9. Dispute Resolution

You further agree to contact us directly before resorting to any of the alternatives stated here.

This Agreement in its entirety is governed by the laws of South Africa. You agree that any claim or dispute you may have against or with mapPNG will be resolved by a court located in the Western Cape Province of South Africa. Any cause of action you may have with respect to mapPNG must be commenced within 30 (thirty) days after it arises, or the cause of action is barred. Should you file a claim contrary to this section entitled "Dispute Resolution" we will be entitled to recover any and all attorney's fees and costs from you, provided that we have notified you of the improperly filed claim and that you have failed to promptly withdraw the claim.

10. Termination

This Agreement shall become effective upon your use of the Site and shall continue until terminated in accordance with the terms of this section. Either party may terminate this Agreement at any time upon written notice to the other party. This Agreement will also automatically terminate when your user account is closed. After termination of this Agreement you will remain obligated to pay any money due by you to us or to another User.

11. General

We may revise this Agreement at any time. Changes to the Agreement will become effective when they are posted on the Site. It is the responsibility of each user of this site to review this Agreement from time to time. Your continued use of the Site and our services following changes to the agreement will constitute your acceptance of the revised Agreement. If you do not agree to the revised Agreement, do not continue to use the Site or our services.

You are solely responsible for compliance with local laws, keeping in mind that this service is based in South Africa and that accessing this site and its contents may not be legal for all persons in all countries.

No delay or omission by us in exercising our rights or remedies under this Agreement will be construed as a waiver of such rights or remedies. Any single or partial exercise of a right or remedy shall not preclude further exercise of rights or remedies.

If any part of this Agreement is found to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder of the Agreement will remain in full force and effect. You will not transfer or delegate your rights, responsibilities or your account without prior written consent from us. We may assign this Agreement without restriction.

This Agreement, together with the supporting documents as stipulated, comprises the entire agreement between you and us and shall supersede any prior agreement between the parties.

12. Headings and Highlighting

The boldface headings, boldface text and text color(s) used in this Agreement are intended to aid legibility only and shall have no binding effect.