Terms of Service
Your 4peaks.co.za Account. If you create an account on 4peaks.co.za, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection it. You must immediately notify Endurance Events of any unauthorized uses your account, or any other breaches of security. Endurance Events will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributor
If you comment or post material to 4peaks.co.za, post links on 4peaks.co.za, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using 4peaks.co.za, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to Endurance Events for inclusion on our website, you grant Endurance Events a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promotion. This license allows Endurance Events to make publicly-posted content available to third parties selected by Endurance Events so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other 4peaks.co.za users permission to share your Content on other 4peaks.co.za websites and add their own Content to it (aka to repost or reblog your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website. If you delete Content, Endurance Events will use reasonable efforts to remove it from 4peaks.co.za, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Endurance Events has the right (though not the obligation) to, in Endurance Events sole discretion, (i) refuse or remove any content that, in Endurance Events reasonable opinion, violates any Endurance Events policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of 4peaks.co.za to any individual or entity for any reason. Endurance Events will have no obligation to provide a refund of any amounts previously paid.
We use a third party, to measure 4peaks.co.za’s audience and usage.
Endurance Events reserves the right to display advertisements on this site unless you have purchased an Ad-free Upgrade or a VIP Service account.
Endurance Events reserves the right to display attribution links such as ‘Race at 4peaks.co.za,’ theme author, and font attribution in your race footer or toolbar. Footer credits and the 4peaks.co.za toolbar may not be altered or removed regardless of upgrades purchased.
Payment and Renewal
General Terms.Optional paid services are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Endurance Events the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
Unless you notify Endurance Events before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your website’s dashboard.
VIP Support services are provided by Endurance Events under the terms and conditions for each such service. By signing up for a VIP Support services account, you agree to abide by such terms and conditions.
Responsibility of Visitors
Endurance Events has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Endurance Events does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Endurance Events disclaims any responsibility for any harm Endurance Events from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which 4peaks.co.za links, and that link to 4peaks.co.za. Endurance Events does not have any control over those non-4peaks.co.za websites, and is not responsible for their contents or their use. By linking to a non-Endurance Events .com website, Endurance Events does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Endurance Events disclaims any responsibility for any harm resulting from your use of non-Endurance Events .com websites and webpages.
Copyright Infringement and DMCA Policy
As Endurance Events asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by 4peaks.co.za violates your copyright, you are encouraged to notify Endurance Events in accordance with Automattic’s Digital Millennium Copyright Act (“DMCA”) Policy. Endurance Events will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Endurance Events will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Endurance Events or others. In the case of such termination, Endurance Events will have no obligation to provide a refund of any amounts previously paid to Endurance Events.
This Agreement does not transfer from Endurance Events to you any Endurance Events or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Endurance Events. Endurance Events and all other trademarks, service marks, graphics and logos used in connection with 4peaks.co.za or our Services, are trademarks or registered trademarks of Endurance Events or Endurance Events licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Endurance Events or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Endurance Events may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your 4peaks.co.za account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is.” Endurance Events and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Endurance Events nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability
In no event will Endurance Events, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Endurance Events under this agreement during the twelve (12) month period prior to the cause of action. Endurance Events shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Endurance Events, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Endurance Events and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Endurance Events, or by the posting by Endurance Events of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of South Africa, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Cape Town, South Africa. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Cape Town, South Africa, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Endurance Events may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.