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Sport in South Africa

South Africans have a passionate following, although they remain largely divided along ethnic lines. Soccer, Cricket and Rugby are the most popular sports.

Rugby Union has traditionally been the most popular sport in South Africa amongst White South Africans. The national rugby team is nicknamed The Springboks. South Africa hosted the 1995 Rugby World Cup, the first one hosted in Africa.

Cricket is traditionally the popular sport among the white British diaspora and Indian South African communities, although it is now followed by members of all races. The national cricket team is nicknamed The Proteas.

Soccer has historically been particularly popular amongst persons of African descent and is South Africa’s most popular sport. The South Africa national soccer team, Bafana Bafana, has not enjoyed considerable success since the early 20th Century.

Other popular sports include: boxing, hockey, tennis, golf, surfing, netball, running and also obstacle course racing.

South Africa was absent from international sport for most of the apartheid era due to sanctions, but started competing globally after the end of apartheid.

South Africa hosts the Saddle Seat World Cup every four years, which includes the American Saddlebred, Morgan horse, and South African Boerperd horse breeds. It is the highest level of competition for Saddle seat Equitation riders,

History

South Africa was banned from the 1964 Summer Olympics in Tokyo due to the apartheid policies. This ban effectively lasted until 1992. During this time, some sports people (like Zola Budd and Kepler Wessels) left for other countries in order to compete internationally. Some athletes continued their sports careers in South Africa in isolation, with some stars like women’s 400 metres runner Myrtle Bothma running a world record time at the South African championships.

Some sports teams toured South Africa as “Rebel Tours” and played the Springbok rugby and cricket teams in South Africa during the isolation period.

In 1977, Commonwealth Presidents and Prime Ministers agreed, as part of their support for the international campaign against apartheid, to discourage contact and competition between their sportsmen and sporting organisations, teams or individuals from South Africa.

Women’s sport
Sport in South Africa is still largely seen (in the words of a former member of Women and Sport South Africa) as “the domain of men”. In 1997, one writer described “massive gender inequalities in the sporting structures of the country, and a strong association between sport and masculinity”.

Aerobatics

  • Silver Falcons
  • Flying Lions Aerobatic Team

Athletics (running)

South Africa has an active athletics schedule and has produced a number of athletes who compete internationally and qualify for the Olympic and Paralympic Games. At the 2011 World Championships in Athletics in Daegu, South Korea, the relay team of Shane Victor, Ofentse Mogawane, Willem de Beer and Oscar Pistorius set a national record time of 2:59.21 seconds in the heats. South Africa went on to win a silver medal in the finals with the team of Victor, Mogawane, de Beer and L. J. van Zyl.

In 2012 Caster Semenya won a silver medal in the women’s 800m of the 2012 Olympic Games in London, with a time of 1:57.23 seconds. Also in 2012, Oscar Pistorius became the first double amputee sprinter to compete at the Olympic Games, but did not win a medal.

Pistorius won a gold medal and a bronze medal in the T44 class at the 2004 Summer Paralympics in Athens, and three gold medals at the 2008 Summer Paralympic Games in Beijing. He also won two gold medals at the 2012 Paralympic Games and remained the T43 world record holder for the 200 and 400 metres events. The South African team of Pistorius, Arnu Fourie, Zivan Smith and Samkelo Radebe won a gold medal and set a Paralympic record in the 4 × 100 m relay with a time of 41.78 seconds. Fourie also set a world record in the heats of the T44 200m event and won a bronze medal in the 100m event.

Australian rules football

Australian rules football is a minor sport in South Africa. Since 1996 the sport has been growing quickly and especially amongst the indigenous communities. South Africa has a national team the South African national Australian rules football team. The team made history in 2007 by competing against Australia’s best Under 17 players, as well as defeating a touring Australian amateur senior team for the first time. There are annual national championships, first held in 2008. The South African national team also competes in the Australian Football International Cup, essentially a World Cup for all countries apart from Australia, the only place where the sport is played professionally. The South African national team’s highest finish at the International Cup was third, in 2008.

Basketball

Basketball is an increasingly popular sport in South Africa especially among the youth. The national federation Basketball South Africa was founded in 1992 and is one of the youngest members of the global basketball governing body FIBA. The national team competes at the FIBA Africa Championship.

So far, no basketball player of South African nationality has made it to the NBA. However, South Africa was the birthplace to Steve Nash, two-time MVP in the NBA, and Swiss NBA player Thabo Sefolosha has a South African father.

Canoeing

A number of large canoe events occur annually in South Africa:

  • Dusi Canoe Marathon
  • Fish River Canoe Marathon
  • Berg River Canoe Marathon

Chess

Chess is growing rapidly in popularity in South Africa. Major events include:

  • South African Open
  • South African Chess Championship

Cricket

Cricket is the second most popular sport in South Africa.It is the only sport in South Africa to feature in the top two sports of all race groups. The national team is known as the Proteas.

South Africa is one of the leading cricket-playing nations in the world and one of the twelve countries sanctioned to play test cricket. Ever since the readmission into international cricket, the Proteas have been contributing largely to the development of the game mainly by bringing innovations in coaching and training. South Africa is famous for its fast bowlers and fielders such as AB De Villiers and Jonty Rhodes.

Cricket was traditionally popular among English-speaking whites and the Asian (Subcontinent) community, though the latter were not able to compete in top-level South African cricket in the apartheid era. Since the end of the apartheid era, a higher proportion of white players have come from Afrikaans-speaking backgrounds, and attempts have been made to increase the number of non-white players, in part through a quota system. The current national team features prominent non-white players, such as Ashwell Prince, Hashim Amla (the first Muslim to play for South Africa), Herschelle Gibbs, Monde Zondeki, Loots Bosman, Charl Langeveldt, and Makhaya Ntini. Afrikaners in the team include AB de Villiers, Albie Morkel, Morné Morkel, Johan Botha and Dale Steyn.

The team has had success with batsmen like Herschelle Gibbs, who is one of the sport’s most dominating batsmen, all-rounders like Jacques Kallis and Shaun Pollock, the former being one of the greatest all rounders of the game, and bowlers such as Makhaya Ntini, who reached number two in the ICC Player Rankings in 2006. Dale Steyn is currently ranked as one of the best test bowlers, and former captain Graeme Smith was one of the most dominant left-handed batsmen in recent world cricket history. Wicketkeeper Mark Boucher has the world record for the most number of dismissals for a wicketkeeper. Kevin Pietersen, who is white, left the country claiming that he was put at a disadvantage by positive discrimination, and within a few years became one of the world’s top batsmen, playing for England. South Africa is one of the strongest teams and in 2006, in Johannesburg in what was the highest scoring 50 over ODI ever, South Africa led by Gibbs’ 175 chased down Australia’s mammoth and then world record score of 434–4. South Africa hosted the 2003 Cricket World Cup an event that was disappointing to them as they lost against Sri Lanka in what happened to be in a farcical situation and were eliminated on home soil. In the 2007 Cricket World Cup, South Africa reached the semi-finals of the event but lost to Australia. They were sent home by New Zealand in the 2011 Cricket World Cup and the same team had defeated them in the 2015 Cricket World Cup in a thrilling semi-final.

South Africans are at the top and are a consistent team in the test format for the last half decade. They are often considered as fearsome for the teams touring from Sub continent because of their brutal fast bowling.

Golf

Golf in South Africa has a long and illustrious history and South Africa is one of the great golfing nations. Golf is easily the best individual sports event that South Africans participate in, with the quantity and quality of South African players being of the top order.

The first South African to win a major championship was Bobby Locke who won The British Open four times in 1949, 1950, 1952 and 1957. Also, he claimed nine wins at the South African Open, seven at the South Africa Professional and 11 at the Transvaal Open, for a total 74 professional wins.

The most famous of South African golfers is however Gary Player who along with Arnold Palmer and Jack Nicklaus dominated world golf for much of the 1960s, and 1970s. Player won all four majors, winning the British Open in 1959, 1968 and 1974, The Masters in 1961, 1974 and 1978, the PGA Championship in 1962 and 1972 and the U.S Open just once in 1965. Player always played in his trademark black outfits and became one of the recognisable figures in the sport. He also enjoyed considerable success in senior golf, winning six majors on the Champions Tour (then the Senior PGA Tour) from 1986 to 1990. The only other South African to have won a senior major is Simon Hobday, winner of the U.S. Senior Open in 1994.

Current players who have won majors are 1994, 1997 U.S. Open and 2002 British Open Champion Ernie Els, 2001 and 2004 U.S. Open Champion Retief Goosen, 2008 Masters Champion Trevor Immelman, British Open Champion Louis Oosthuizen and 2011 Masters Champion Charl Schwartzel. Other notable players include Tim Clark with 2 Nationwide Tour wins and winner of the PGA 2010 Players Championship.

The country has had less success in women’s golf. The only South African woman to have won a major was Sally Little, who won the LPGA Championship in 1980. Little later became a U.S. citizen and won a second major, the 1988 du Maurier Classic, as an American.

British golfer Justin Rose is South Africa-born, but was raised from age 5 in England, and chose to play for that country.

The Sunshine Tour is based in South Africa but has a few events in other African countries. Several tournaments have been sanctioned by the European Tour since the 1990s:

  • South African PGA Championship (1995-1999)
  • FNB Players Championship (1996)
  • Dimension Data Pro-Am (1996-1997)
  • South African Open (1997–present)
  • Alfred Dunhill Championship (1990–present)
  • Joburg Open (2007–present)
  • Africa Open (2010–present)
  • Nelson Mandela Championship (2012-2013)
  • Volvo Golf Champions (2012-2014)
  • Tshwane Open (2013–present)
  • Nedbank Golf Challenge (2013–present)

Also, the South African Women’s Open was part of the Ladies European Tour from 2012 to 2014. South Africa has hosted the 2003 Presidents Cup and the Women’s World Cup of Golf from 2005 to 2008.

Mind Sports
Founded on 14 December 1984, Mind Sports South Africa (MSSA) has hosted five world championships in Johannesburg in 1997, Cape Town in 1999, Durban in 2002, Port Elizabeth in 2007, and again in Durban in 2012. The MSSA looks after the following games:

Board gaming

Backgammon, Draughts (Anglo-American, Brazilian, Pool Checkers, Russian and International), Morabaraba (also known as Mlabalaba), Moruba, SesothoMorabaraba

Figure gaming

Ancients (3000 BC to 1500 AD), Pike & Shot (1500 AD to 1700 AD), Horse & Musket (1700 to 1845), World War II (1939 to 1945)

eSports

Console, PSP gaming, Personal computer gaming, mobile gaming, etc.

Motor sports

South Africa has staged Formula One Grand Prix, the last being the 1993 race at the Kyalami circuit. It has produced 1979 Formula One world champion, Jody Schekter, who triumphed for Ferrari that year. South Africa was also one of the host nations for the A1 Grand Prix.

Former Indycar Series driver and son of Jody, Tomas Scheckter, led the most laps in both his first two Indianapolis 500 starts. Which was 85 laps during the 2002 Indianapolis 500 and 63 laps during the 2003 Indianapolis 500. He has two career Indycar victories during his career. He has driven full-time for Cheever Racing in 2002, Chip Ganassi Racing in 2003, Panther Racing in 2004 and 2005 and Vision Racing in 2006 and 2007. He has also driven for Luczo Dragon Racing, Dreyer & Reinbold Racing and other teams part-time later in his career until 2011.

Motor rallying and off-road (4×4) racing are also widely popular in South Africa. The 2009 Dakar Rally was won by South African Giniel de Villiers in a Volkswagen Touareg.

Rugby league

Rugby league (XIII), is a growing spectator sport in South Africa in recent years it has struggled to gain a foothold in the country due to the popularity of sports such as football (soccer), rugby union, cricket and even Australian rules football and also due to their location meaning a lack of meaningful international matches.

The South Africa national rugby league team (Rhinos) is ranked 24th in the world out of 29 countries ranked and doesn’t enjoy the success or media attention that other sports receive. The national team dates back to the early 60’s and have featured in 2 World Cups, the 1995 Rugby League World Cup and the 2000 Rugby League World Cup.

South African players who have played professionally in Australasia’s NRL and the European Super League include Tom Van Vollenhoven (St Helens R.F.C.), Jamie Bloem (Castleford Tigers, Huddersfield Giants and Halifax) and Jarrod Saffy (Wests Tigers and St. George Illawarra Dragons).

There are currently three competitions the Rhino Cup consisting of 4 teams, the Protea Cup consisting of 8 and the Western Province Rugby League consisting of 5.

Rugby union

The 1906 Springboks team.
Main article: Rugby union in South Africa
Rugby union is a popular sport in South Africa, especially amongst Afrikaners. The national team is known as the Springboks. South Africa hosted and won the 1995 Rugby World Cup, in what was their first appearance. The defeat of the All Blacks in the final is remembered as one of the most famous South African sporting moments. The domestic league – the Currie Cup is also played annually, as well as the international Super Rugby.

After being tainted by associations with apartheid, the Springboks (or ‘Boks’) have sought to become part of the ‘New South Africa’, with President Nelson Mandela wearing the Springbok jersey, once only worn by whites, at the final of the 1995 Rugby World Cup.

South Africa won the 1995 Rugby World Cup and the 2007 Rugby World Cup.

Sailing

South African Sailing is the national governing body for the sport of sailing in South Africa, recognised by the International Sailing Federation.

Skydiving and Parachuting

There are 20 registered drop zones / skydiving clubs in South Africa, all are affiliated to the Parachute Association of South Africa (PASA).

Obstacle Course Racing

Obstacle Course Racing (OCR) is a major up and coming sport with major support both Nationally and Internationally, SA OCR is a Not for Profit Company aiming to help grow the sport and provide a means of financial support for athletes wanting to travel to compete internationally. With the OCR World Championships running for 3 consecutive years now as well as some of the larger local race series like The Warrior Race which have been around for almost 4 years the sport is definitely growing with events reaching almost 9000 participants on a weekend. The sport involves running, usually around 12 km, with various amounts of different obstacles interspersed allowing for a dynamic and ever changing event.

Association Football

Association football is the most popular sport in South Africa.

Surfing

Surfing has a following but is mainly practised by white South Africans.

Tennis

South Africa used to be a country with good tennis players but this has all but died away with the new post-apartheid administration of the sport and white diaspora due to anti white racism and anti white violence. The most recent tennis players who made it into the world top ten rankings are Wayne Ferreira, Amanda Coetzer and Kevin Anderson.

South Africa has only had one grand slam tournament winner, and that was Johan Kriek who won the Australian Open in 1981. He won again in 1982 but had acquired American citizenship and played as an American that year. Kevin Curren made the Australian Open final in 1984, and the following year, shortly after becoming an American citizen, was on the receiving end of the then-17-year-old Boris Becker’s famous first win at Wimbledon. Other South African Grand Slam finalists include Eric Sturgess, Ian Vermaak, Cliff Drysdale, Brian Norton, Sandra Reynoldsa, Irene Bowder Peacock and Kevin Anderson.

Triathlon

In triathlon, Henri Schoeman is an Olympic bronze medallist, finishing third at the 2016 Summer Olympics in Rio. Conrad Stoltz is a three time Xterra Triathlon world champion, Raynard Tissink is a multiple Ironman champion, Hendrick de Villiers is an ITU World Cup winner, Richard Murray is an ITU World Triathlon Series race winner and Dan Hugo is an Xterra and multi-sport star.

Boxing

As of March 2012 when Jeffrey Mathebula won the IBF junior featherweight title, South Africa has produced seventy-one world champions since Willie Smith won the British version of the world bantamweight title. In addition to the universally recognised world champion Vic Toweel, the number contains champions recognised by the major and nonmajor sanctioning bodies, and seventy-one world champions have won one hundred and fourteen titles including thirty-five titles for the four major sanctioning bodies (WBA, WBC, IBF and WBO). South Africa had eight world champions in 1998.

However, according to Jeffrey Mathebula’s trainer Nick Durandt who has trained world champions such as Thulani Malinga and Phillip N’dou in his 25-year career, South Africa had not been able to host the world title bouts due to lack of funds, and boxers had been forced to fight overseas for world titles. The Gauteng sports department has been cooperative, but sponsorship and television coverage significantly dropped in thirty years. Boxing matches had not been broadcast on the state-owned broadcaster SABC from early 2011, and only a few cards had been aired on the satellite pay-TV platform SuperSport. Durandt had also mentioned that it is almost impossible to hold fights including world title bouts without SABC’s support in their own country. Under such background, as a result of the efforts of Branco Sports Promotions’ Branco Milenkovic and others, it was decided that the IBF junior featherweight title bout between Takalani Ndlovu and Mathebula would be televised on SABC at the last minute. “We support the muted multi-lateral agreement involving the South African Broadcasting Corporation (SABC), SuperSport and the BSA [Boxing South Africa] on broadcasting rights,” Sports Minister Fikile Mbalula stated in March 2013. However, after Simpiwe Vetyeka won the world title in December of that year, Bongani Mwelase told that Vetyeka came home to receive an “ice-cold welcome” from the local newspapers and so on but with the only exception of Nelson Mandela. “Nothing is motivating if you really look at how boxing is treated here,” he said.

Mixed Martial Arts

South Africa host Extreme Fighting Championship Worldwide (formerly known as EFC Africa). It is the number 1 mixed martial arts organisation in the African continent.

EFC Africa 01 took place at The Coca-Cola Dome in Northgate, Johannesburg on 12 November 2009 and is now viewing in 110 countries, including USA, Canada, The Caribbean and all over Europe. EFC Africa 19, which was held at Carnival City in Johannesburg on 19 April 2013, topped other African sports ratings with a record of over 1.8 million views with 31.3% of the total South African TV audience (SABC, e.tv and DStv combined). These are the biggest ratings in EFC history, topping EFC Africa 12’s record of 1.6 million views and 25.9% audience share.

On 19 June 2004, Cape Town’s Trevor Prangley made his UFC debut. He defeated Curtis Stout by submission via cobra choke in round 2 at UFC 48. His last fight in the UFC was against Chael Sonnen, who he defeated previously by arm bar submission in round 1 before they both started fighting in the UFC. Sonnen defeated him by unanimous decision at UFC Ultimate Fight Night 4. His record with the UFC was 2 wins and 2 losses.

United Kingdom based South African fighter Fraser Opie competed on The Ultimate Fighter: Team Jones vs. Team Sonnen, season 17 of the UFC’s reality television show. He lost to Clint Hester in the preliminary round via unanimous decision. Fraser signed with EFC after competing on the show. He beat Egypt’s Mohamad Ali via TKO in round 1 on his EFC debut at EFC 22, then lost to then-defending champion Gideon Drotshie for the EFC Light Heavyweight Title via TKO in round 2 at EFC 25 and then lost to Tumelo Maphutha via submission from punches in round 1 at EFC 27. Opie was set to fight Pete Motaung at EFC 34 but was removed from the card due to a dispute about travel arrangements according to Opie and was replaced by former opponent Tumelo Maphutha. While EFC seem to have refused a previously agreed direct flight for Fraser, the agreement appears to have fallen through with EFC only willing to provide indirect flights with a connecting flight that would increase the over all travel time which Opie suggested is simply not possible due to his demanding weight cut. In result, Fraser Opie was cut from EFC.

In February 2014, EFC Heavyweight Champion Ruan Potts signed with the UFC. He fought Soa Palelei at UFC Fight Night 40 at U.S. Bank Arena in Cincinnati, Ohio on 10 May 2014 on his UFC debut. He lost via first-round KO. His next fight was at UFC 177 Prelims on 30 August 2014 at The Sleep Train Arena in Sacramento, California against Anthony Hamilton. He lost in round 2 via TKO due to continuous body shots.

In December 2014, the UFC signed EFC Middleweight Champion Garreth McLellan. He made his debut on 11 April 2015 at UFC Fight Night: Gonzaga vs Cro Cop 2 in Krakow, Poland. He was originally scheduled to fight Poland’s Krzysztof Jotko. Jotko pulled out of the fight. He fought another Polishman in Bartorsz Fabinski. He lost via unanimous decision (30-27, 30-27, 30-27). At UFC Fight Night: Holohan vs. Smolka in Dublin, Ireland on October 24, 2015, McLellan got his first UFC win which was against Bubba Bush. McLellan finished Bush with a second to go via TKO in round 3.

In January 2015, EFC President Cairo Howarth announced the opening of the EFC Women’s Flyweight Division. The first EFC women’s fight took place at EFC 37 on February 21 at Carnival City in Johannesburg. Johannesburg’s own Danella Eliasov fought Hungary’s Zita Varju. Eliasov won via TKO in round 1. Their first Women’s Flyweight Champion was crowned at EFC 60 when Amanda Lino defeated Jaqualine Trosse in a rematch by armbar in round 2. The Inaugural title fight was meant to be between Amanda Lino and Shana Power at EFC 54 but Shana couldn’t make weight and was not medically cleared to compete. Jaqualine Trosse and Shana Power fought at EFC 56. Trosse won the fight via unanimous decision and was given the fight against Lino for the vacant title at EFC 60 which she lost.

EFC Flyweight Champion, Nkazimulo Zulu competed The Ultimate Fighter: Tournament of Champions. The winner is set to fight Demetrious Johnson for the UFC Flyweight Championship. He fought Japan’s Hiromasa Ogikubo in the first round on the tournament. He lost via submission due to a rear naked choke in round 2.

Traditional sports

  • Jukskei is a 200-year-old folk sport developed and played in South Africa.
  • Morabaraba. Please refer to Mind Sports above as the game is promoted by Mind Sports South Africa.

South African national teams

South Africa’s national sporting colours are green, gold and white. The protea is the national emblem worn by South Africans representing their country in sport.

National team names
The national men’s rugby union team is nicknamed the “Springboks”, while the national men’s cricket team is known as the “Proteas”.

SportMen’sWomen’s
Australian rules footballLionsn/a
CricketProteasProteas Women
FootballBafana BafanaBanyana Banyana
Mind SportsMWEB Protea TeamMWEB Protea Team
Netballn/aSPAR Proteas
Rugby leagueRhinosn/a
Rugby sevensBlitzbokkeSouth Africa women’s national rugby union team (sevens)
Rugby unionSpringboksSouth Africa women’s national rugby union team
WaterpoloBlack MambaSouth Africa women’s national water polo team

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Personally identifiable information (Personal Information) is information that can be used to identify or contact you. We collect the Personal Information that you provide to us in two general and distinct ways: (1) when you choose to purchase various services or products offered by DigiMarCon and/or its affiliated business partners, or (2) when you choose to participate in surveys or send e-mails to DigiMarCon. This Site is not intended for use by persons under eighteen (18) years of age. DigiMarCon does not knowingly collect Personal Information from or about children under the age of eighteen (18).

You may view or use our Site without registering or submitting any Personal Information. In that case, the only information we collect will be non-personal information collected through the use of cookies or web beacons (see details below). However, in order to have access to certain products and services available on the Site, you are required to complete a registration form and provide other information, including Personal Information, reasonably necessary for us to provide the products and/or services for you.

We collect anonymous, non-confidential, and non-personal information when you use our site, send us e-mails, or respond to special promotions or newsletters that we may send to you from time to time. For example, cookies are small computer files that we transfer to your computer's hard drive that allow us to know how often someone visits a site and the activities they conduct while on that site (such as the chat rooms you visited, whether you submitted orders for services or products, etc.). Every computer is assigned a different cookie by DigiMarCon. The information collected by cookies helps us dynamically generate advertising and content on web pages or in e-mails specifically designed for you and also allows us to statistically monitor how many people are using our site and selected affiliated business partners sites, or are opening our e-mails. We may use cookie information to target certain advertisements to your browser or to determine the popularity of certain content or advertisements. It may be possible to link non-personal cookie information to Personal Information collected. You may be able to turn off cookies in your browser, but this may hinder our ability to provide you with certain services or your ability to enjoy certain features of the Site.

In limited circumstances we also may use "web beacons" to collect anonymous, non-personal information about your use of our Web site and the sites of selected affiliated partners, and your use of e-mails, special promotions or newsletters we may send to you from time to time. Web beacons are tiny graphic image files imbedded in a web page or e-mail that provide a presence on the web page or e-mail and send back to its home server information from the Users' browser. The information collected by web beacons allows us to statistically monitor how many people are using our site and selected affiliated business partners sites, or are opening our e-mails, and for what purposes. It may be possible to link non-personal web beacon information to Personal Information collected.

As noted in the discussions of cookies and web beacons (see above), we collect anonymous, non-personal information about your use of e-mails and newsletters that we may send to you from time to time. In some cases, when you click on a link or an advertisement in an e-mail or newsletter, your browser may be momentarily directed to the site of a third party which, acting on DigiMarCon behalf (see Disclosure to Web site Service and Content Contractors, below), notes or "counts" your response to the e-mail or newsletter before re-directing your browser to its proper destination. This re-direction process will not be apparent to you.

Sponsors, business partners or advertisers on the Site or in e-mails, special promotions or newsletters we may send to you from time to time may also use their own cookies or web beacons when you click on their advertisement or link to their site or service, or even if the advertisement simply appears on a page or in an e-mail that you are viewing. Some advertisers use companies other than DigiMarCon to serve their ads and to monitor users' responses to ads, and these companies ("Ad Servers") may also collect non-personal information through the use of cookies or web beacons on our Web site. In certain situations, information collection may be facilitated by momentarily directing your browser to the site of an Ad Server or other third party acting on behalf of the sponsor, business partner, or advertiser before re-directing your browser to its proper destination (e.g., back to DigiMarCon to show the ad, or to the advertiser's Web site); this re-direction process will not be apparent to you. We do not control these third parties' use of cookies or web beacons, or how they manage the non-personal information they gather through them. However, you should review the privacy policy of other sites you visit or link to from our site to understand how these other sites use cookies and how they use the information they collect through the use of cookies or web beacons on their own sites.

This Privacy Policy does not apply when you use DigiMarCon public forums if and when they become available. As a service to our users, DigiMarCon may feature chat rooms and bulletin boards where users can share information and support one another or where users can post questions for other users to answer. You should be aware that any information shared in a chat room, bulletin board, or other type of posting is public information and may be seen, disclosed to or collected by third parties that do not adhere to our Privacy Policy. You should think carefully before disclosing any personal information in any public forum.

This Privacy Policy does not apply to any information, such as business information, resumes, ideas, concepts or inventions sent to DigiMarCon by e-mail to the various DigiMarCon departments listed on the DigiMarCon Web site. If you want to keep business information, resumes, ideas, concepts or inventions private or proprietary, do not send them in an e-mail to DigiMarCon. We try to answer every e-mail in a timely manner, but are not always able to do so.

II. DISCLOSURE OF YOUR INFORMATION

Except as set forth in this Section II, or as specifically agreed to by you, DigiMarCon will employ best efforts to not use or disclose any Personal Information it gathers from you unless reasonably required in order to answer your questions, provide products and/or services you may request or purchase from DigiMarCon (such as, information we need to share with our credit card internet gateway), or to comply with governmental or internal record-keeping requirements as reasonably required. We may release Personal Information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as a financial threat to you or others. In the event that we are legally compelled to disclose your Personal Information to a third party, we will notify you unless doing so would violate the law or court order.

DigiMarCon may disclose Personal Information to its corporate subsidiaries or entities affiliated with DigiMarCon. Any Personal Information provided to DigiMarCon subsidiaries or entities affiliated with DigiMarCon will be treated by those subsidiaries and affiliated entities in accordance with the terms of this Privacy Policy.

DigiMarCon operations and maintenance contractors may sometimes have limited access to your Personal Information in the course of providing products or services to DigiMarCon. These contractors include vendors and suppliers that provide us with technology, services, and/or content related to operation and maintenance of our Web site. These contractors also may have access to your e-mail address to send newsletters or special promotions to you on our behalf or to send e-mails to you for purposes such as conducting market research on our behalf. Access to your Personal Information by these contractors is limited to the information reasonably necessary in order for the contractor to perform its limited function for DigiMarCon.

Certain content and products and services offered to you through our Web site are served on Web sites hosted and operated by a company other than DigiMarCon ("Third Party Contractor Web sites"). Therefore, if you purchase services or products through one of these Third Party Contractor Web sites, you will be purchasing it from the Third Party Contractor and not from DigiMarCon. Further, you should be aware that any information you disclose once you access these other sites is not subject to this Privacy Policy. DigiMarCon does not endorse and is not responsible for the privacy practices of these Third Party Contractor Web sites and, therefore, you should review the privacy policy posted on the other site to understand how that Third Party Contractor Web site collects and uses your Personal Information. Also, if you have reason to believe that you may be leaving our Web site and entering a Third Party Contractor Web site, you should be cautious about providing any Personal Information until you have reviewed the privacy policy posted on the other site.

DigiMarCon is a contractor and provides co-branded products and/or services to Web sites hosted and operated by companies other than DigiMarCon ("Channel Partner Web sites"). You can only access these co-branded content and products and/or services through the Channel Partner Web site. The co-branded DigiMarCon pages that you may access through a Channel Partner Web site have different registration processes and opportunities for information collection, and Personal Information that you provide on these pages may be shared with the Channel Partners. Each of these co-branded DigiMarCon sites has its own privacy policy posted on that site. Therefore, if you visit one of these co-branded DigiMarCon sites, please read the privacy policy that is posted on that site, as well as the individual privacy policy of the Channel Partner Web site.

In addition to the Third Party Contractor Web sites that you may access as described above, for your convenience there are links to Web sites operated by companies other than DigiMarCon that are not contractors who provide content, products, and/or services through our Web site ("Third Party Web sites"). These links may be found in advertisements, referenced within content, or placed beside the names or logos of sponsors or affiliated business partners of DigiMarCon. DigiMarCon does not disclose your Personal Information to these Third Party Web sites without obtaining your consent. DigiMarCon does not endorse and is not responsible for the privacy practices or content of these sites. If you choose to link to one of these Third Party Web sites, you should review the privacy policy posted on this other site to understand how that Third Party Web site collects and uses your Personal Information.

DigiMarCon may provide to third parties non-personal information about you that does not allow you to be identified or contacted and that is combined with the non-personal information of other users ("Aggregate Information"). For example, we might inform third parties regarding the number of users of our site and the activities they conduct while on our site. We might also inform a company that performs services or that provides products and/or services to DigiMarCon (that may or may not be a DigiMarCon business partner or an advertiser on our site) that "50% of our users live in the USA" or that "85% of our users have purchased products and/or services which can be downloaded from DigiMarCon Web site." Depending on the circumstances, we may or may not charge third parties for this Aggregate Information. We may not limit the third parties' use of the Aggregate Information.

DigiMarCon wants your Personal Information to remain as secure and accurate as possible. We implement appropriate measures and processes to protect your Personal Information and maintain its quality, such as encryption. Although we make reasonable efforts to protect your Personal Information from loss, misuse, or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that thieves could find a way to thwart our security systems.

You will be given the option to opt in or sign up for recurring informational/promotional e-mails from DigiMarCon and/or third parties. You may opt out of receiving e-mails from or on behalf of DigiMarCon. You may opt out of receiving these e-mails and newsletters at any time. When you have received a newsletter you wish to stop, click on the "reply" button in your mail program, then type in the word "UNSUBSCRIBE" in the "Subject" field and send. DigiMarCon Customer Service will unsubscribe you.

You may also have the option of receiving e-mails or newsletters from third parties, participating in research or marketing surveys and participating in other activities. You may exercise these options by placing a check mark beside a statement that expresses a preference for receiving these communications or participating in these activities. You may change your decision at any time by following the directions regarding how to unsubscribe from these e-mails or newsletters.

This privacy statement applies only to the Site. The DigiMarCon Web site does contain links to other sites. Once you enter another Web site (whether through an advertisement, service, or content link), be aware that DigiMarCon has no control over and is not responsible for the privacy practices of such other sites. We encourage you to look for and review the privacy statements of each and every Web site that you visit through a link or advertisement on DigiMarCon Web site or any site that collects Personal Information from you.

You can always contact us in order to (1) delete your Personal Information from our systems, (2) update the Personal Information that you have provided to us, and (3) change your preferences with respect to marketing contacts or other activities, by e-mailing us at update@digimarcon.com. Such changes will not have any effect on other information that DigiMarCon maintains. If you have a complaint or problem you may e-mail us at support@digimarcon.com and the customer service department will forward your complaint to the appropriate internal DigiMarCon department for a response or resolution. We try to answer every e-mail in a timely manner but are not always able to do so.

You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to DigiMarCon from our servers. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personal Information may exist in a non-erasable form that may be difficult or impossible for us to locate. Nevertheless, upon receiving your request, we will endeavor to delete all Personal Information stored in the databases we actively use for research and daily business activities, as well as other readily searchable media.

In the future and without notice to you, we may make significant or non-significant changes to our privacy policy affecting the use of the Personal Information you provide to us or other information we have gathered. You should visit our Web site from time to time and read our Privacy Policy then in effect to familiarize yourself with the current version.

Acceptance of Terms of Use of This Website. DigiMarCon, LLC ("Company") makes this website (the "Site"), including all information, documents, text, and graphics on the Site (collectively, the "Site Materials") as well as all software, products, and services offered and/or operated by Company and/or third parties through the Site (collectively, the "Products and Services"), available for your use subject to the terms and conditions set forth in this document, as may be revised from time to time by Company (collectively, the "Terms of Use"). BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, EVALUATING, DOWNLOADING, PURCHASING, AND/OR USING ANY OF THE SITE MATERIALS OR PRODUCTS AND SERVICES DISPLAYED AND/OR OFFERED ON THIS SITE, OR BY MERELY BROWSING THIS SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF USE AND COMPANY'S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

This Site is intended for lawful use by persons over eighteen (18) years of age. Company reserves the right to change the Terms of Use and other Company guidelines and policies (including, but not limited to, the Privacy Policy and the Registration Terms and Conditions) posted on the Site from time to time at its sole discretion, with or without notice, and the revised Terms of Use and other revised guidelines and policies shall be posted on the Site. Your continued use of the Site, or any Products and Services accessible through it, constitutes your acceptance of the revised Terms of Use, and your use of the Site will be subject to the most current version of the Terms of Use, policies, and guidelines posted on the Site at the time of such use. Therefore, you should periodically check the Terms of Use and policies on Company's home page to view the then current versions. If you breach any of the Terms of Use, your authorization to use this Site and any authorized use of Site Materials shall automatically terminate, any Site Materials downloaded or printed from the Site, whether authorized or unauthorized, must be immediately destroyed and, in certain cases, you may also be required to immediately stop using Company's Products and/or Services.

Certain Products and Services available on or through this Site are available only to persons who have purchased or subscribed to them under a paid or trial subscription agreement with Company or one of its affiliates (the "Subscribers") or persons invited by Company or one of its affiliates to evaluate such Products and/or Services, or who have requested the right to perform such an evaluation.

Intellectual Property; Limited License to Users. This Site, the Site Materials, and the Products and Services are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Site, Site Materials, and/or Products and Services may violate such laws in addition to the Terms of Use. Except as expressly provided herein, Company and its licensors and suppliers do not grant any express or implied license to the Site, Site Materials, Products or Services. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on, the Site, the Site Materials, or its Products and Services, except if expressly authorized herein.

Use of Services. When purchasing or using Products and/or Services on this Site that are offered by Company, you shall be subject to any agreements or licenses applicable to such Products and/or Services (“Specific Agreement”) and to the Terms of Use. Specific Agreements may contain terms and conditions in addition to those in the Terms of Use but all terms and conditions of the Specific Agreements and the Terms of Use shall apply. In the event of a conflict between the Terms of Use and any Specific Agreement, the Specific Agreement shall control with respect to your rights to the Product or Service.

In addition to the Products and Services offered by Company, this Site also advertises, offers, or makes available information, products and/or services provided by third parties (collectively, the "Third Party Materials"). Third Party products and/or services are governed by separate agreements or licenses with the Third Parties. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Materials, including any liability resulting from incompatibility between Third Party products and/or services and the products and/or services provided by Company. You agree that you will not hold Company responsible or liable with respect to the Third Party Materials or seek to do so.

Use of Software, Products, and Services. The software, Products and Services, and accompanying documentation that is made available through this Site, whether made available by downloading or otherwise, is the copyrighted and/or patented work of Company and/or its licensors and/or suppliers. Use of the software, Products and Services, and accompanying documentation is governed by the terms of the agreement or license that accompanies or is included with such software or Products and Services. You will not be able to download or install any software or Product that is accompanied by or includes a license agreement, and you will not be able to use any Service, unless you agree to the terms of the applicable license agreement. If you do not agree to such terms, you will not be able to use the software, Products or Services. Absent a license agreement that accompanies the software or Products and Services, use of the software or Products and Services will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software and Products and Services available on this Site, and that you will not decompile or reverse engineer any of the Products and Services.

Use of Site Materials. Except as may be indicated to the contrary elsewhere on this Site, you may view, download, and print the Site Materials available on this Site subject to the following conditions:

  • The Site Materials may be used solely for personal, non-commercial, informational purposes.
  • The Site Materials may not be modified or altered in any way.
  • The Site Materials on the Site may not be distributed or sold, rented, leased, or licensed to others.
  • You may not remove any copyright or other proprietary notices contained in the Site Materials.
  • Company reserves the right to revoke the authorization to view, download, copy, and/or print the Site Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from Company.
  • Any rights granted to you by Company constitute a license and not a transfer of title.

Important Exceptions: Various sections of the Site (such as, by way of example only, demonstrations which show the use and/or utilization of Company Products and/or Services in the movie production industry, or showcase the work of creative professionals) belong to their creators (the "Third Party Content"), may be protected by copyright or other proprietary laws, and are for display and demonstration purposes only. Accordingly, you may not download, use, copy or print Third Party Content unless there is a notice associated with the Third Party Content work expressly permitting downloading, use, copy and/or printing. The rights specified above i.e., the right to view, download, and print the Site Materials and Third Party Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by copyright and other laws and may not be copied, reproduced or imitated in whole or in part.

Trademark Information. The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Company or third parties. You are not permitted to use the Marks without the prior written consent of the owner of the Mark. DigiMarCon is a trademark of Company.

Submission of Information. Information submitted through this Site may be accessed and used by a Company service provider. Although Company and Company's service provider (Paypal, Inc) each take certain steps in an effort to protect the electronic transmission of credit card numbers or social security numbers ("Financial Information") that you submit through the Site, Company does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.

Other than the Financial Information, do not send any confidential or proprietary information through the Site. Except for the Financial Information or personally identifiable information relative to you, any information you do send through the Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, post or submit, you hereby grant Company and its affiliates, successors, and assigns an unrestricted, royalty-free, irrevocable, worldwide license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that Company is free to use any ideas, concepts, know-how or techniques that you send Company for any purpose and in any manner whatsoever without compensation to you or any other person sending the Non-Confidential Information. You represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by Company or its affiliates, successors or assigns, will not infringe or violate the rights of any third party. If you submit personally identifiable information via the Site, Company will treat it in accordance with the Privacy Policy found on the home page of this Site and our service provider will treat it in accordance with its Privacy Policy, which can be found here: https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Privacy_full&am/

You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

User Conduct. In using the Site, including all Products and Services available through it, you agree:

  • not to disrupt or interfere with any other user's use or enjoyment of the Site or affiliated or linked sites;
  • not to upload or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
  • not to create a false identity;
  • not to use or attempt to use another's account, password, services, or systems;
  • not to attempt to transmit any content which you are not authorized to transmit; and
  • not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Products and Services, Site Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

Managing Content and Communications. Although it is not our intention to do so, Company reserves the right, in its sole discretion, to delete or remove your content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, Company reserves the right to delete or remove your content if the applicable subscription or license has expired or lapsed or if Company has a good faith belief that you have violated these Terms of Use or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of Company or others. Company may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit content, and (ii) the substance of any content. To the maximum extent permitted by law, Company will have no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Company also disclaims all liability with respect to the misuse, loss, modification, destruction, or unavailability of any of your content.

Use and Protection of Account Number and Password. You are responsible for maintaining the confidentiality of your account number, account name, and/or password, where and when applicable to the Site. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.

WARRANTIES AND DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND COMPANY, THIS SITE, AND ALL SITE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,COMPANY MAKES NO WARRANTY THAT (i) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ALWAYS AVAILABLE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE PRODUCTS AND SERVICES OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.COMPANY MAY MAKE CHANGES TO THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH SITE MATERIALS, PRODUCTS, AND/OR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED BY THIRD PARTY VENDORS OR THOSE ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES.

THE USE, INSTALLATION, AND/OR DOWNLOADING OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMMUNICATIONS SYSTEMS OR SERVICES, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS INSTALLED, TRANSMITTED, OR DOWNLOADED TO YOUR COMPUTER OR COMMUNICATIONS SYSTEMS OR SERVICES FROM THE SITE OR IN CONNECTION WITH ANY SITE MATERIALS, PRODUCTS, AND SERVICES APPEARING ON AND/OR OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROMCOMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

LIMITATION OF LIABILITY. IN NO EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

International Users. This Site can be accessed from countries around the world and may contain references to Company Products and Services that are not available in your country. These references do not imply that Company intends to announce or provide such Products or Services in your country. The Site is controlled, operated, and administered by Company from its offices within the United States of America. Company makes no representation that the Site, or the Site Materials, Products, and Services appearing on or available through the Site, are appropriate, legal, or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of the Site Materials, Products, and/or Services are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.

Indemnity and Liability. You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, shareholders, attorneys, agents, employees, licensors, suppliers, co-branders or other partners harmless from any claim or demand, including reasonable attorneys' fees and damages of any kind, made by any third party due to or arising out of content you submit to Company and/or transmit through the Site (including, without limitation, any content or computer viruses), your use of the Site or any Site Materials, your connection to the Site, your violation of the Terms of Use, the actions of any of your employees or agents in conjunction with the Site, or your violation of any rights of another person or entity or any and all laws and regulations applicable to these Terms of Use, and/or your use of Company's Products and/or Services.

Governing Law and Jurisdiction. This Site (excluding linked sites) is controlled by Company from its offices within the State of Delaware, United States of America. By accessing this Site, you and Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof. You and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Wilmington, Delaware, USA.

General. The Terms of Use and the other guidelines, policies, licenses, and disclaimers posted on the Site constitute the entire agreement between Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Company to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

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