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Please read the following Website Legal Notice carefully as it contains the terms and conditions of usage of the Engineering News website located at www.engineeringnews.co.za (“Website”) owned by Creamer Media Proprietary Limited (“Creamer Media”) as well as other important legal notices applicable to the end user accessing the Website (“User”) or (“You”)
Enquiries:websiteadmin@creamermedia.co.za
Website Legal Notice
Creamer Media Pty Ltd (Creamer Media)
- Website Terms and Conditions of Usage - go there
- Website Compliance and Information for User/You - go there
- Website Privacy Policy - go there
- Website Subscription/Advertising Services - go there
1. WEBSITE TERMS AND CONDITIONS OF USAGE
Enquiries: websiteadmin@creamermedia.co.za
1.1 Limited Liability of Creamer Media:The User understands that usage of the Website is at the sole discretion and risk of the User. Creamer Media reserves the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. Notwithstanding the effort placed on maintaining the availability and accessibility of the Website. Creamer Media takes no responsibility for, and will not be liable for the Website being temporarily unavailable or inaccessible.
1.2 No Warranty:The information contained on the Website is provided by Creamer Media and/or its partners, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies.
1.3 Indemnification of Creamer Media: You agree to defend, indemnify and hold Creamer Media, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or the software supporting/enabling the Website and reasonable legal and accounting fees, resulting from, or alleged to result from Your use of this Website or the software supporting/enabling the Website.
1.4 Unauthorised use of the Website: The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way upon the rights of Creamer Media or third parties, which is unlawful, defamatory or otherwise objectionable or which constitutes advertising of goods or services in the absence of written approval from Creamer Media. Unauthorised use of this Website may give rise to Creamer Media instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
1.5 Website Links: From time to time this Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further information. Such links do not signify that Creamer Media endorses the website(s) linked to. You agree that Creamer Media shall have no responsibility or bear no liability in relation to the content of the linked website(s).You may not create a link to this Website from another website or document without Creamer Media’s prior consent in Writing, in which case the terms of Your linking to the Website shall be governed by the terms of your “Linking Agreement” with Creamer Media.
1.6 Applicable Law and Jurisdiction: You consent to the jurisdiction of the High Court of South Africa for the adjudication of any legal dispute between Creamer Media and You. This Website Legal Notice will be construed and interpreted in accordance with the laws of the Republic of South Africa.
1.7 Severability: If any provision of this Website Legal Notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website Legal Notice, which shall remain in full force and effect.
1.8 Website Intellectual Property: This Website comprises of software and content (such as text, news headlines and summaries, articles, images and audio tracks, animation, photographs, video, music, sound and voice), designs, trademarks, (all names, marks, brands, logos, designs, trade dress, slogans used on/in connection with the website) and trade secrets that is the intellectual property of Creamer Media and/or various third parties subject to the intellectual property/other laws of South Africa and as applicable foreign laws, international conventions and treaties. Further and to the extent that Creamer Media does not own specific content or such content falls within the public domain, Creamer Media may hold copyright/further intellectual property rights in the selection, co-ordination, arrangement and enhancement of such content on the Website. Specific content licensed from third parties includes but not limited to, the following: articles from Reuters, SAPA, and Bloomberg, as well as prices and company information supplied by McGregor BFA. Such third party content is subject to the applicable copyright restrictions, which vary by copyright holder. No license to Creamer Media intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated. Without limitation to the prohibitions placed on the User by contract or law and subject to 1.9 You expressly agree not to:
| 1.8.1 | Reproduce or use the aforementioned intellectual property either in print or electronic form in violation of the intellectual property rights of Creamer Media and/or such third parties as applicable; |
| 1.8.2 | commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website intellectual property without prior written approval of Creamer Media or in the case of third party content, the rights holder of such intellectual property; |
| 1.8.3 | not to claim or convey ownership of Website intellectual property either in its entirety or otherwise; |
| 1.8.4 | modify the Website content for the purposes of reposting to other websites; |
| 1.8.5 | alter or remove any trademark, copyright or other notice from the Website content; and |
| 1.8.6 | copy, store, or otherwise incorporate Website content or intellectual property into any other web site, electronic retrieval system, publication or other work. |
1.9 Your publication of the Website content: If you are an editor, producer or webmaster of a web site or other online publication you may include the Website headlines provided that you include the appropriate links to the corresponding articles on the Websites web server and mention “Creamer Engineering News at www.engineeringnews.co.za” as the source of these headlines (and, as applicable, the source of any third party news release). You agree to use a functional link to the full story on the Website that shall display the full content immediately. Websites wishing to make use of this permission, must request such permission in writing and Creamer Media reserves the right to deny such permission or withdraw such permission form any web-site at any time.
You further agree not to frame or otherwise control the browser window (if any) in which the Website content opens, including limiting the size or position of such window. You agree not to associate any Website content with any content that might harm the reputation of Creamer Media, its affiliated sites, authors, employees, contributors or partners. You agree not to use Website content on any site that displays pornographic material, exploits children, provides instruction on or promotes illegal activities, or is in any way misleading, obscene, defamatory, libelous, or invasive of personal privacy.
An example of an acceptable included headline and link is as follows:
Headline: R10bn earmarked for improvements at SA's major ports Link to: http://www.engineeringnews.co.za/article.php?a_id=135031 Source: Creamer Engineering News at www.engineeringnews.co.za
In the event of any uncertainty in this regard, you are advised to contact Creamer Media at websiteadmin@creamermedia.co.za
Permission is also granted to place the Website’s linked headlines and summaries on your web site through the use of the RSS feeds available on www.engineeringnews.co.za. However, You are not permitted to use more content than as provided through the RSS feed. Please note that the Company Announcement section of www.engineeringnews.co.za publishes articles from news releases issued by their respective companies and institutions. If you wish to quote from any part of these articles, we suggest that you credit the issuing company or institution as the original source of the news release, in addition to mentioning “Creamer Media’s Engineering News at www.engineeringnews.co.za” as the source of any link to the corresponding article on our server.
2. CREAMER MEDIA INFORMATION AND WEBSITE COMPLIANCE
Enquiries: websiteadmin@creamermedia.co.za
| NO. | QUESTION | ANSWER |
| 1. | The full name Creamer Media; | Creamer Media Proprietary Limited, a limited liability company established in accordance with the Companies Act of South Africa. |
| 2. | Creamer Media’s physical address and telephone number | 4th Floor, Bedford Centre, Bedfordview, Smith Road, 2008 Tel: 011 622 3744 |
| 3. | Creamer Media’s web site address and e-mail contact address: | www.engineeringnews.co.za newsdesk@engineeringnews.co.za www.creamermedia.co.za newsdesk@engineeringnews.co.za |
| 4. | Membership of any self-regulatory or accreditation bodies to which Creamer Media belongs or subscribes | Magazine Publishers Association www.mpasa.org.za Online Publishers Association www.opa.org.za |
| 5. | The registration number of Creamer Media | Registration Number: 2001/01259507 |
| 6. | The place of registration | South Africa |
| 7. | The names of Directors | Martin Creamer – Publishing Editor Veronica Creamer – Director Kenneth Creamer – CEO |
| 8. | The physical address where Creamer Media will receive legal service of documents; | 4th Floor, Bedford Centre, Bedfordview, Smith Road, 2008 |
| 9. | Description of the main characteristics of the products or services offered by Creamer Media | Engineering News Online is a unique ‘real economy news’ web site. It is updated daily with project, product, policy and personality news from around South Africa and the rest of the continent. Creamer Media offers subscription services to the Website and/or the corresponding print publication. Creamer Media further provides advertising services in relation to advertising on the Website and/or print publication. |
| 10. | Alternative Dispute Resolution Code | You agree that in the event of a dispute or alleged breach of the terms hereof You will work together with Creamer Media in good faith to resolve the matter internally by escalating it to higher levels of management prior to resorting to arbitration. |
3. WEBSITE PRIVACY POLICY
3.1 The information we collect:
| 3.1.1 | Creamer Media and/or its authorised technology agents automatically collect information about Your visit to the Website. This information is used to make Your visit to the Website site more efficient, and analysis thereof facilitates improvements made to Your experience of the Website. |
| 3.1.2 | Our external Website hosting agents may also automatically log your “IP address” which is a unique identifier for your computer or other access device. |
| 3.1.3 | Further and to the extent necessary, Creamer Media may utilise Your contact information to provide You with information requested by You in relation to subscription or advertising services offered by Creamer Media. |
| 3.1.4 | Your contact information and the contact information of third parties submitted by You may be used for communications such as marketing and distribution of newsletters with You and/or such third parties This contact information includes without limitation, names, e-mail addresses and/or the name of the respective person’s company. |
| 3.1.5 | If You choose to submit content for publication such as letter to the editors, feedback on articles published such information submitted may be published with Your screen name and other information You have provided to us. |
| 3.1.6 | You agree that your submission of your information indicates Your willingness for Your information to be used as discussed above. |
3.2 Handling of personal Information: In the event that You elect to submit personal information, such information shall be handled in accordance with the laws pertaining to the handling of personal information in South Africa. To prevent unauthorised access, maintain data accuracy and ensure the appropriate use of information, Creamer Media has in place policies and procedures to protect the information we collect online. Your personal information shall not be unlawfully distributed, disclosed and/or commercially exploited in the absence of your prior approval.
3.3 Disclosure of personal information: Creamer Media may disclose personal information
| 3.3.1 | to comply with the law or with legal process; |
| 3.3.2 | protect and defend Creamer Media’s rights, equipment, facilities, and other property; |
| 3.3.3 | protect Creamer Media against misuse or unauthorised use of the Web site; and/ or |
| 3.3.4 | protect other Website Users or third parties affected negatively by Your use of the Website |
3.4 Interest based advertising: When You visit this Website, You may view advertisements posted on the site by Google or other third party advertisers. Such advertisers may (i) collect information about You while You are visiting this Website and other websites and (ii) use this data to show You advertisements on this Website and elsewhere on the Internet about products and services You might like (interest based advertising). Creamer Media does not collect such information or control the content of the advertisements that You will see. You may be able to opt out of such advertising. To find out more about Google and its Google cookies used to generate interest-based advertising, click this link. Your use of this Website without opting out means that You understand and agree to the abovementioned data collection to provide You with interest-based advertising.
4. 4. SUBSCRIPTION/ ADVERTISING SERVICES TERMS AND CONDITIONS
The following table contains further information AND the terms and conditions pertinent to the subscription and advertising services of Creamer Media:
Enquiries: subscriptions@creamermedia.co.za OR advertising@creamermedia.co.za
4.1 Details of Subscription Services:
| 4.1.1 | Subject to payment of the subscription fees in accordance with Creamer Media's valid VAT invoice, Creamer Media will provide a user-name and password to the “Subscriber” enabling the appropriate level of access by the Subscriber to the online services as contained on this Website and the following website(s) as applicable to the nature of the subscription: www.miningweekly.com www.polity.org.za www.researchchannel.co.za |
| 4.1.2 | Creamer Media acknowledges there is no geographic limit on this service. Concurrent access to Creamer Media services is however limited by the number of subscriptions held by the Subscriber. |
| 4.1.3 | Information may be made accessible to all Subscriber personnel, including Subscriber employees, internal agents and contractors worldwide, collectively “Authorised Users.” There is no limit on the number of hours the Information may be used and the Information may be accessed and used indefinitely at any location, including while travelling, for the Subscriber's business purposes. |
| 4.1.4 | Creamer Media acknowledges that Authorised Users, in the normal course of Subscriber’s business and on behalf of Subscriber, may distribute either orally, in writing, in presentation material, in reports, on magnetic or laser media, or electronically, to a number of users such as Subscriber's clients, prospective clients, outside counsel, or others in a current or prospective business relationship with the Subscriber, limited extracts of the full text of articles from the Information, including in the Subscriber’s newsletters, provided that such articles are correctly attributed as follows: Sourced from Creamer Media’s Engineering News
www.engineeringnews.co.za |
| 4.1.5 | As applicable: The full text of the Research Channel’s Industry Research Reports, Mining Research Reports or Country Focus Research Reports may not be re-published or made available by the Subscriber to external clients of the Subscriber or other third parties without the prior written consent of Creamer Media. |
| 4.1.6 | Nothing contained in this Section 4 shall derogate from the Subscriber’s terms and conditions of usage of the Website as User. |
4.2 Details of Advertising Services: Subject to payment of advertising fees, Users may request for advertising inserts to be placed on the Website. Such advertising request may be granted or denied at the sole and absolute discretion of Creamer Media and Creamer Media extends no warranties and/or guarantees in relation to advertising.
4.3 Minimum Duration : The minimum subscription period is 1 (one) year. The minimum advertising period is 1 (one) insert in weekly print and/or online publication.
4.4 Rates: www.creamermedia.co.za
4.5 Advertising Bookings/Exchange/Refund/Cancellations Policy: Advertising bookings must be made18 days prior to requested date of publication (print and/or online). Notices of Advertising cancellations must be received in writing 30 (thirty) days prior to the publication date. Surcharges are applicable in the case of cancellation(s).
4.6 Enquiries in relation to Subscriber/ Advertising Records: websiteadmin@creamermedia.co.za
4.7 Advertisers Warranties: Your request to advertise on the Website, or website(s) referred to above confirms to Creamer Media Your rights to all relevant intellectual property contained in the advertising material submitted to Creamer Media and specifically indemnifies Creamer Media in relation to all liabilities damages, losses, actions and claims faced by Creamer Media arising from an intellectual property breach by You or Your agents, employees, contractors or suppliers in relation to such advertising material.
