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Legal Web Site

  1. 1. Please read the following Website Legal Notice carefully as it contains the terms and conditions of usage of the Polity website located at (“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: Website Legal Notice Creamer Media Pty Ltd (Creamer Media) 1. Website Terms and Conditions of Usage go there 2. Website Compliance and Information for User/You go there 3. Website Privacy Policy go there 4. Website Advertising/Subscription Services go there 1. WEBSITE TERMS AND CONDITIONS OF USAGE 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 2 September 2007. You are advised to regularly check these terms and conditions for any amendments or updates. Enquiries: 1
  2. 2. 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. 2
  3. 3. 1.8 Website Intellectual Property: This Website constitutes software and content (such as text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of Creamer Media and/or various third parties and subject to the intellectual property laws of South Africa. 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 in the selection, coordination, arrangement and enhancement of such information on the Website. No license to Creamer Media intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated. The software and content may not be used in violation of the intellectual property rights of Creamer Media and/or such third parties as applicable. Without limitation on the prohibitions of placed on the User, the User expressly agrees not to: 1.8.1 commercially exploit, reproduce, distribute, transmit, display, published or broadcast any Website content without the prior written of Creamer Media or in the case of third party content, the owner of that content; 1.8.2 the User agrees not to claim or convey ownership of Website content either in its entirety or otherwise; 1.8.3 modify the Website content for the purposes of reposting to other websites; 1.8.4 alter or remove any trademark, copyright or other notice from the Website content; 1.8.5 copy or otherwise incorporate Website content into or store in any other web site, electronic retrieval system, publication or other work in any form; 1.8.6 frame the Website or any part of 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 02 September 2007. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates. Enquiries: 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. 4th Floor, Bedford Centre, Bedfordview, Smith Road, 2. Creamer Media’s physical address and telephone number 2008 Tel: 011 622 3744 3. Creamer Media’s web site address and e-mail contact address: 3
  4. 4. 4. Membership of any self-regulatory Magazine Publishers Association or accreditation bodies to which Creamer Media belongs or Online Publishers Association subscribes 5. The registration number of Registration Number: 2001/01259507 Creamer Media 6. The place of registration South Africa 7. The names of Directors Martin Creamer – Publishing Editor Veronica Creamer – Director Kenneth Creamer – CEO 4th Floor, Bedford Centre, Bedfordview, Smith Road, 8. The physical address where Creamer Media will receive legal 2008 service of documents; 9. Description of the main Polity provides daily policy news and views, quick characteristics of the products or access to key policy documents, access to speeches services offered by Creamer Media and legislation. . 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 You agree that in the event of a dispute or alleged Code 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. 4
  5. 5. 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 4. SUBSCRIPTION/ ADVERTISING SERVICES The following table contains further information pertaining to subscription and advertising services of Creamer Media: Enquiries:; 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: 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. 5
  6. 6. 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 Polity.Org.Za This shall apply to both print and electronic reproductions. 4.1.5 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 Pricing: 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 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. 6