Website Legal Notice
CREAMER MEDIA (PTY) LTD
1. WEBSITE TERMS AND CONDITIONS OF USAGE
1.1 Please read the following Website Legal Notice carefully as it contains the terms and conditions of usage of the Creamer Media websites located at www.creamermedia.co.za, www.engineeringnews.co.za, www.miningweekly.com, www.researchchannel.co.za, www.polity.org.za and all related web-sites (“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”). All references to www.creamermedia.co.za must be interpreted as referring to all Creamer Media's web-sites listed above and referred to as ("Website") above.
The User’s (Your) usage of the online information services contained on the Website constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards Creamer Media. Creamer Media may amend these Terms and Conditions of Usage at any time by posting the amended terms and conditions on the Website. All amended terms shall automatically become effective immediately after they are posted on the Website and any subsequent use of the site shall be governed by such amended terms. This agreement was last revised on 01 October 2012. You are advised to regularly check these terms and conditions for any amendments or updates.
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. Creamer Media may not be held liable for any errors, inaccuracies or damages resulting from the information published on its websites.
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 Media’s Engineering News at www.engineeringnews.co.za” or
“Creamer Media’s Mining Weekly at www.miningweekly.com” or
“Creamer Media’s Polity at www.polity.org.za" or
“Creamer Media’s Research Channel Africa at www.researchchannel.co.za” (whichever the case may be)
as the source of these headlines and, as applicable, as 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 on a case by case basis and Creamer Media reserves the right to deny such permission or withdraw such permission form any web-site at any time.
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 Media’s Engineering News at www.engineeringnews.co.za
Should a news organisation or any other editor, producer or webmaster of a website or other online publication wish to re-publish a full version of the article on their website, or in print, then they should apply in writing for such permission for each article that they wish so to re-publish. Usually if such re-publishing permission is granted it will be required that mention is made of Creamer Media’s Engineering News or Mining Weekly or Polity or Research Channel Africa in the first paragraph of such re-published article.
To facilitate all forms of re-publication - web, print, CD, etc. - users may make use of the ‘Reuse this’ button located at the top and bottom of articles to which Creamer Media holds the copyright. The ‘Reuse this’ button will direct users to the online re-publication system managed by DALRO (Dramatic, Artistic and Literary Rights Organisation), where users will be able to transact in order to obtain the necessary permission related to their intended re-publication use of the article.
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.
In the event of any uncertainty in this regard, you are advised to contact Creamer Media at firstname.lastname@example.org
Permission must also be sought and attained from Creamer Media if you wish to place the Website’s linked headlines and summaries on your web site through the use of the RSS feeds available on Creamer Media's websites. In such cases the applicable source of the headlines should be clearly published as above. However, You are not permitted to use more content than as provided through the RSS feed. Please note that the Company Announcement section of Creamer Media's websites publish articles from news releases issued by third party 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 on which of Creamer Media's sites is such as article has been published.
Users agree not to copy and paste article or parts of articles form the site, but to share the article by sending URL links to particular articles.
Cookies on Creamer Media's websites are used for the following purposes:
(1) Subscriber Management:
a. Cookies ensure that subscribers are identified and allowed access to subscriber-specific pages
b. Cookies also store subscribers' preferences, including the 'remember password' functionality
(2) Website Measurement:
a. Cookies enable the recording and measuring of key website statistics such as page impressions, unique visiors and the average time spent on the website.
2. CREAMER MEDIA INFORMATION AND WEBSITE COMPLIANCE
The following table contains further information on Creamer Media and represents the information that must be provided by Creamer Media to You in compliance with Section 43 of the Electronic Communications and Transactions Act. This section of the Website Legal Notice was last revised on 31 March 2011. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.
|1.||The full name of 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
|Creamer Media’s web site address and e-mail contact address:||
|4.||Membership of any self-regulatory or accreditation bodies to which Creamer Media belongs or subscribes:||
Magazine Publishers Association
Digital Media & Marketing Association (DMMA)
Advertising Standards Authority of South Africa
|5.||Code of Conduct to which Creamer Media subscribes and how that code of Conduct may be accessed electronically:||
|6.||The registration number of Creamer Media:||Registration Number:2001/01259507|
|7.||The place of registration:||South Africa|
|8.||The names of Directors:||
Martin Creamer – Publishing Editor
Veronica Creamer – Director
Kenneth Creamer – CEO
|9.||The physical address where Creamer Media will receive legal service of documents:||4th Floor, Bedford Centre, Bedfordview, Smith Road, 2008|
|10.||Description of the main characteristics of the products or services offered by Creamer Media:||
Creamer Media offers magazine subscriptions (electronic and print publications), industry analysis and research reports (electronic and print publications) and advertising services (in respect of electronic and print publications).
|11.||The full price of goods or services, including transport costs, taxes and any other fees or costs:||Please see the webpage Rates and Data for the relevant costs.|
|12.||The manner of payment:||Payment may be effected via bank deposit, internet transfer or by credit card.|
|13.||The terms of Agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically:||
As set out in this Legal Notice; and
Rates and Data Schedules;
Advertising Terms and Policy;
|14.||The time within which the goods will be dispatched or delivered or within which the services will be rendered:||
Date of delivery of subscription content and reports shall be in accordance with the customer’s request and procedures attached to processing of customer’s orders.
|15.||The manner and period within which consumers can access and maintain a full record of the transaction:||Contact email@example.com to enquire about records.|
|16.||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.|
|18.||The minimum duration of the agreement in the case of agreements for the supply of products or services to be performed on or on going basis or recurrently:||
The duration of subscriptions and advertising agreements are as set out under the webpage Rates and Data.
Specific services or reports are offered once-off.
|19.||The rights of the consumers in terms of section 44:||
Section 44 does not apply to the sale of newspapers, periodicals, magazines and books.
3.1 Privacy and Personal Information:
- 3.1.1 Creamer Media endeavors to comply with all laws and regulations including the 1996 South African Constitution and other legislation providing for privacy. As such, Creamer Media seeks to ensure the quality and accuracy of personal information in its possession and processed with South African law.
- 3.1.2 Creamer Media shall not be obliged to ascertain or provide the identity of the sender of any messages or content.
3.2 Personal Information Collected, Principle of Minimalism and Purpose of Collection: Please be assured that the privacy of Creamer Media’s Users is of the utmost importance to Creamer Media. The Creamer Media Website collects, processes and stores personal information of its Users subject to the following principles:
- 3.2.1 Relevant and minimal personal information of Users is collected for the purpose of managing User’s communications with Creamer Media. Users warrant that all personal information supplied by them with regard to an electronic transaction is both true and correct. In the event of any aspect of their personal information changing post submission, it is their responsibility to immediately notify Creamer Media of the said changes. Notification must occur via an email sent to firstname.lastname@example.org.The Users agree to indemnify and hold Creamer Media, its officers, directors, employees, agents, licensors, suppliers and members harmless from and against any claims, damages, actions and liabilities including without limitation, loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of Creamer Media’s reliance on the User’s personal information in fulfilling an online order, should their personal information contain any errors or inaccuracies.
- 3.2.2 Relevant and minimal personal information of Users is collected automatically by Creamer Media and its authorised technology agents as a result of the Users visits to the Creamer Media Website and the User expressly consents to the processing of their information. This consent is effective immediately & will endure until the relationship between the User & Creamer Media has been terminated. Creamer Media’s agents and service providers may also automatically log Your “IP address” which is a unique identifier for the User’s computer and/or other access device. Further and to the extent necessary, Creamer Media may utilise the User’s contact information, submitted, for communications with the User such as marketing or rendering Services requested by the User from Creamer Media. This information may include, without limitation: the User’s name, e-mail address, mobile phone, landline phone details, credit card details and banking details. Creamer Media will not edit, disclose or sell any personal information to third parties other than required for the provision of the Services and electronic communication and transaction facilities to the User; in the ordinary course of business and where required to do so by law. The User agrees that their submission of their personal information, including via telephone; post; online registrations; subscriptions; use of the send to friend facility or by any other means, indicates their willingness for such information to be processed as discussed herein. Processing shall include collection, receipt, recording for marketing and other purposes, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information.
- 3.2.3 Users may opt to unsubscribe for newsletters and any other electronic communication sent from Creamer Media by use of the “unsubcribe” option provided on each communication received.
3.3 Handling of Your Personal Information:
- 3.3.1 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 personal information Creamer Media collects about the User.
- 3.3.2 Users acknowledge that records relating to the provision of Services and personal information may be required to be retained in terms of law, operational purposes and for evidential reasons by Creamer Media. Users expressly agree to such processing, retention and necessary access to such records.
- 3.3.3 Further, and to the extent necessary, Creamer Media may utilise the contact information to provide the User with information requested by the User in relation to events, services and/or products offered by Creamer Media.
- 3.3.4 The User expressly consents to their contact information and the contact information of third parties that the User has submitted being used for communications such as email and sms marketing and distribution of newsletters to Users or the relevant third parties. This contact information includes without limitation: names, email addresses and/or contact numbers. In providing information relating to third parties, the User warrants that they have the right to provide such information. The User agrees that their submission of their information indicates their express willingness for their information to be used as discussed above.
- 3.3.5 Users may revoke their consent given to Creamer Media in terms of the above at any time. The revocation should be in writing and addressed to Creamer Media’s Information Officer. Revoked consent is not retroactive & will not affect disclosures of User’s information already made.
- 3.3.6 If the User elects to submit content to Creamer Media via the Website and/or via email, which would include but is not limited to: feedback on articles and/or experiences, the User agrees for such information submitted to be published by Creamer Media with their name and other information provided.
3.4 Disclosure of personal information: Creamer Media may disclose personal information
- 3.4.1 to comply with the law or with legal process;
- 3.4.2 protect and defend Creamer Media’s rights, equipment, facilities, and other property;
- 3.4.3 protect Creamer Media against misuse or unauthorised use of the Website; and/ or
- 3.4.4 protect other Website Users or third parties affected negatively by the relevant User’s use of the Website.
3.5 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 TERMS AND CONDITIONS OF ELECTRONIC TRANSACTIONS
The following section contains the terms and conditions applicable to the electronic transactions concluded by You on the Website. This section of the Website Legal Notice was last revised on 31 March 2011. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.
4.1 Validity of Electronic Transaction:
- 4.1.1 A valid electronic transaction is concluded on:
- 220.127.116.11 An online order form being completed by You and successfully transmitted to Creamer Media;
- 18.104.22.168 Receipt of payment in full by Creamer Media of the amount due, owing and payable by You in respect of Your order; and
- 22.214.171.124 An Order Confirmation being sent by Creamer Media to You.
- 4.2.1 You may affect payment pertaining to your electronic transaction, of the amount(s) due, owing and payable via:
- 126.96.36.199 Bank deposit;
- 188.8.131.52 Internet transfer; or
- 184.108.40.206 Credit Card
- • Payments made via credit card from outside of South Africa will be accepted via the facility of PayPal or 2checkout.
- • Payments made via credit card from within the borders of South Africa will be accepted via the facility of Netcash.
- 4.2.2 All payments to Creamer Media must be made in South African Rands (ZAR) or US Dollars.
- 4.2.3 All Rand-based prices are inclusive of Value Added Tax (VAT) at the rate of 14%.
- 4.2.4 Credit Card Transactions:
- 220.127.116.11 Creamer Media places reliance on the security protocols affected by their payment facility suppliers. Further information regarding the security protocols implemented by the service providers is available at:-
- • PayPal - https://www.paypal.com/cgi-bin/webscr?cmd=p/gen/security-main-outside.
- • 2checkout - https://www.2checkout.com/cgi-bin/buyers/safe.2c?comp=
- • Netcash - http://www.netcash.co.za/site/processing/CreditCard_Processing2.asp
- 18.104.22.168 You agree to indemnify 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 any security breaches which are attributable to You, third parties or our payment facility suppliers.
- 22.214.171.124 The User authorises Creamer Media or their authorised agents to charge the credit card submitted by the User as the manner/mode of payment for the products/Services described herein. The User warrants that the customer is the authorised user of such credit card. Creamer Media agrees to take all reasonable precautions to secure the processing of the member’s credit card. You agree to indemnify 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 any security breaches which are attributable to You, or third parties.
- 4.3.1 Creamer Media will take all reasonable steps to ensure Your products are delivered to You as soon as possible. However, You must allow for two to three weeks, from receipt of your Order Confirmation, for delivery to occur within the borders of South Africa and three to four weeks, from receipt of your Order Confirmation, for delivery to occur in all other countries.
- 4.3.2 You agree to indemnify Creamer Media against any and/or all claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of late delivery that has occurred due to reasons that are beyond the control of Creamer Media.
4.4 Cancellation of Transaction:
- 4.4.1 Creamer Media reserves the right, to refuse to accept, process or honour payment on any order and to cancel any transaction at their sole discretion including an order for which payment has been received. The reasons may include, without limitation, causes beyond the control of Creamer Media, where the “stock” held by Creamer Media is insufficient, or not of an adequate quality in the discretion of Creamer Media. Should Creamer Media cancel the order, as abovementioned, the User shall be entitled to receive a full refund of any monies actually received by Creamer Media.
4.5 Product and Rates and Data Information on Website:
- 4.5.1 Creamer Media undertakes to take all reasonable steps to ensure that the website accurately displays the correct Rates and Data structures, amounts due and surcharges (which includes but is not limited to: delivery charges, and import duties) payable.
- 4.5.2 Prices on the website will be quoted in Rands for local customers and in US Dollars for international customers.
- 4.5.3 Creamer Media undertakes to take all reasonable steps to ensure that the website accurately displays the product availability and specifications of products offered for sale.
- 4.5.4 Notwithstanding 4.5.1 and 4.5.2 above discrepancies in Rates and Data published and invoiced may arise from without limitation changes in suppliers Rates and Data and fluctuating exchange rates; while discrepancies in product descriptions and availability may arise from without limitation the supplier’s product availability.
- 4.5.5 It is Your responsibility to verify Your purchase prior to payment and in accordance, You agree that Creamer Media shall not be liable to You for any discrepancies in Rates and Data and variation in product descriptions as contemplated in 4.5.3 above subject to 4.5.5 below:
- 4.5.6 Where a transaction is concluded by You in respect of a product that is not available, You or Creamer Media shall be entitled to cancel the transaction in accordance with 4.4 above and entitled to a refund.
5 CREAMER MEDIA JOBS PAGE
The following section contains the terms and conditions applicable to Your use of the Creamer Media Jobs page located at http://jobs.creamermedia.co.za/. This section of the Website Legal Notice was last revised on 21 January 2011. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.
- 5.1 Limited Liability of Creamer Media: The User understands, acknowledges and agrees that usage of the Creamer Media Jobs Page and related Services is at the sole discretion and risk of the User. Supplying false or inaccurate information regarding job opportunities is strictly prohibited, that said Creamer Media does not independently verify that all positions offered are legitimate job opportunities and as such Creamer Media will not be held liable for any decisions taken based on the information provided nor any resulting damages there from.
- 5.2 No Warranty: The information contained on the Jobs page and the Services provided via the page are provided without warranty of any kind, expressed or implied. Creamer Media does not endorse any of the job opportunities displayed on the page nor guarantees that an advertised position will be available for the duration of the period it is displayed on the Jobs page.
6. 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: email@example.com OR firstname.lastname@example.org
6.1 Details of Subscription Services:
- 6.1.1 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:
- 6.1.2 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.
- 6.1.3 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.
- 6.1.4 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 Creamer Media
- 6.1.5 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.
- 6.1.6 Nothing contained in this Section 4 shall derogate from the Subscriber’s terms and conditions of usage of the Website as User.
6.2 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.
6.3 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.
6.4 Rates: www.creamermedia.co.za
6.5 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).
6.6 Enquiries in relation to Subscriber/ Advertising Records: email@example.com
6.7 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.
7.1 Upon receipt of payment by the Subscriber, Creamer Media will provide a username and password, or URL-key, to the Subscriber enabling the appropriate level of access by the Subscriber to the Research Channel Africa, MiningWeekly.com Research and/or other Creamer Media websites.
7.2 The Subscriber may make the username and password generally available to any and all members of the Subscriber’s Company, with the technical limitation that for a single user subscription only one person will be able to make use of the username and password at any given time. Should any other members of the Subscriber attempt to make use of the user name and password during such time they will be informed that the said user name and password is currently in use.
7.3 Full versions of Articles, Research Reports and other materials published on the Research Channel Africa, MiningWeekly.com Research and/or other Creamer Media websites should always be accessed individually. This subscription does not license the reproduction of such materials for distribution to the members of staff of the Subscriber. A Business Licence which authorises the making of reproductions for members of staff is available from DALRO at http://www.dalro.co.za/.
7.4. Extracts or excerpts from Articles, Research Reports and other materials published on the Research Channel Africa, MiningWeekly.com Research and/or other Creamer Media websites may be forwarded to the Subscriber’s consultants and employees provided that such consultants are employed by the Subscriber on a full-time or contractual basis and that the extracts and excerpts of such forwarded articles and Research Reports are used only for the work that they are employed to do for the Subscriber. Such distribution by the Subscriber may inter alia take place across the group, including outside of South Africa’s borders.
7.5 Extracts or excerpts from the Articles and Research Reports published on the Research Channel Africa MiningWeekly.com Research and/or other Creamer Media websites may be used in the Subscriber’s presentations and newsletters and in the Subscriber’s reports for external clients, provided that such articles are correctly attributed as having been sourced from Creamer Media’s Research Channel Africa and/or Engineering News and/or Mining Weekly and/or Polity.org.za. The above applies both to print and electronic reproductions.
7.6 Under no circumstances may the full text of Articles, Research Reports and other materials published on the Research Channel Africa, MiningWeekly.com Research and/or other Creamer Media websites be re-published or made available by the Subscriber to members outside of the Subscriber or to external clients of the Subscriber.
7.7 Such restrictions also apply to those we purchases a Research Report from Creamer Media or find themselves in posession of such a report by whatever means.
8. Editorial Comments Guidelines
This Editorial Policy is applicable to all content submitted by Users “User Content” of Creamer Media’s websites “Website”. For the avoidance of doubt, “User Content” includes, without limitation, comments on articles published by Creamer Media.
Grant of Licence
By submitting content to this Website, the User grants Creamer Media a perpetual, royalty-free license to use, reproduce, modify, publish, distribute and store such content and, incorporate such content into other works in any media now known or later developed without limitation. A User that does not wish to grant Creamer Media these rights should not submit such content to the Website. Users under the age of eighteen (18) may only publish content post obtaining their parent or guardian's permission.
Removal of Content
Creamer Media shall be entitled, without notice, to delete or remove any User content that may be: defamatory; infringe copyright or other intellectual property rights; obscene; threatening; offensive; racist, objectionable, sexist, harmful or otherwise objectionable content; content that violates the legal rights of others or that could damage a computer (e.g. viruses); advertising; promoting an illegal act; content that constitutes an unauthorised disclosure of personal information; is in violation of this Policy or is in breach of the Website Legal Notice.
The User acknowledges and shall adhere to the following when posting content to the Website:
- The User shall be respectful of other users, the system, and the Creamer Media editors including their designees “Editors”.
- Creamer Media does not accept unsolicited advertisements of any kind. The User shall refrain from posting such unsolicited advertisements. It will be the sole discretion of the Editors as to what constitutes an advertisement.
- The User shall not insult other Users.
- The User shall ensure that the content posted is relevant and “on topic”.
- The User shall not incite illegal conduct.
- The User shall not post any content that includes nudity.
- The User shall ensure that images posted are not more than 800 pixels wide.
- The User shall not post content in CAPS. Such content is difficult to read considered to be the equivalent of shouting.
- A legitimate email address must be submitted by a User with all content posted to the Website. Anonymous comments will be allowed, and in such cases, the email address associated with the comment is not published on the Website.
- Please note that the Editors will check the comments only periodically and that particularly over weekends, public holidays and vacation periods there may be a delay of some days before eligible comments are published on the Website.
How to Report Abuse of Website
Users may report abuse of the Website or objectionable content by informing the Deputy Editor of such abuse or content. The Deputy Editor may be contacted on firstname.lastname@example.org. The report should include the following information:
- A direct quote of the abusive or objectionable content;
- A link to the abusive or objectionable content;
- Reasons for considering the content abusive or objectionable;
- Identification of the User who posted the abusive or objectionable content; and
- The User complaining may also provide their contact details.
- Creamer Media shall in its sole discretion remove the content reported.
Limitation of Liability
The views expressed by Users of the Website do not necessarily reflect the views of Creamer Media. Creamer Media shall not be held liable in respect of any content posted by the Website Users. Creamer Media disclaims any warranty, express or implied in respect of the Website. Creamer Media shall not be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use any Website content.
9. CREAMER MEDIA CONTACTS
Phone: +27 11 622 3744
PO Box 785