ARTICLE 1: INTRODUCTION
- Africa Science Gateway™ is an online information service, hereafter referred to as “the Website” (including all its applications), licensed by Africa Science Gateway Ltd, Africa Science Gateway (Pty) Ltd, and Africa Science Communication Network Ltd, hereafter referred to as “the Company”.
- These Terms and Conditions shall govern user use of the website and are an agreement that is legally binding between the Company and any institution, natural or legal person who, as a recipient of the Website, uses the Website for any purpose, hereafter referred to as “the User”.
- By making use of the website, the user accepts these terms and conditions in full; accordingly, if the user disagrees with these terms and conditions or any part of these terms and conditions, the user must not use the website.
- Individual terms and conditions and individual amendments to all terms and conditions are only binding if concluded in written form. Also, waiving this formal requirement can only be concluded in written form.
ARTICLE 2: DISCLAIMER – LIMITED WARRANTIES, LIMITATIONS AND EXCLUSIONS OF LIABILITY
- The Website and all the information related to the Company, its product and services and any third party, is provided “as is” and on an “is available” and the Company disclaims any and all representations and warranties, whether express or implied, including;- but not limited to;- implied warranties of title, merchantability, fitness for any particular purpose or non-infringement. The Company does not promise any specific results, effects or outcome from the use of the Website.
- The Company does not represent or warrant that the Website and the data and information provided are accurate, up-to-date, complete or reliable. The Company is not responsible or liable for any damage, disadvantage or disprofit, whether material or immaterial, that is caused by the usage or non-usage of the Website. This does not apply to damages, disadvantages and disprofits that are caused by the Company intentionally, recklessly or negligently.
- The Company reserves the right to change, reduce, interrupt or discontinue the Website or parts of it at any time, without any prior notice.
- No one has a right to use the Website; the Company reserves the right to exclude certain Users. Any unauthorised access or misrepresentation to the Website will be prosecuted to the full extent of the law.
ARTICLE 3: STORAGE OF INFORMATION
- The Website consists largely of information stored on the request of Users.
- The Company neither previews nor automatically reviews such information. Therefore, the Company cannot have current knowledge of; possible infringements caused by information that is stored on the request of Users. The Company is not liable for such information (Article 14 of Directive 2000/31/EC).
- The Company will, upon obtaining knowledge about or awareness of such infringement, act expeditiously to remove or disable access to such information in the logical timeframe provided up to 14 days.
- Users may only request storage of such information that they may legally store and publish. Users must not request to store any information that infringes any third party’s copyright, trademarks, other intellectual property rights or any other rights.
- Users indemnify the Company from any claims raised by third parties in reference to any information that is stored on request of the respective User. The indemnification covers all adequate expenditures, including court and lawyer fees.
ARTICLE 4: MISUSE OF THE WEBSITE
1/ Users must not misuse the Website. Misuse of the Website includes, without limitation:
a/ Malicious use of information on the website
b/ Be obscene or indecent or insulting to other Users;
c/ Automated or massive manual retrieval of other Users’ profile data (“data harvesting”);
d/ Advertising for commercial products or services of all kinds without prior consent;
e/ Unsolicited job offers and business proposals;
f/ All kinds of technical attacks on the servers;
g/ Infringement of any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property rights;
h/ Constituting an incitement to commit a crime;
i/ Be in breach of racial or religious hatred or discrimination whatsoever
j/ Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
k/ Cause annoyance, inconvenience or needless anxiety to any other user.
2/ All aforementioned behaviours in this article are strictly forbidden unless the User has obtained prior written permission from the Company.
3/ Any other use included access violations of the website by competing organisation(s) and/or its members (e.g. Research Africa, Research Research Africa, Research Professional, Research Research, InfoEd, etc.) is prohibited and is a violation of this Agreement and can result in criminal charges and offender being prosecuted to the fullest extent of the law in the regions serviced.
ARTICLE 5: USAGE OF INFORMATION
- All information provided within the Website by the Company and by other Users may only be accessed manually by a natural person using ordinary Internet devices.
- Users must not publish, share, sell or make available information that is provided on the Website by the Company or by other Users to/with any third party.
- Users must not store or process any other User’s personal data for any other purpose than the natural purpose of such data being published within the Website by the respective User.
ARTICLE 6: COPYRIGHT NOTICE, OTHER INTELLECTUAL PROPERTY RIGHTS, and trademarks
- Copyright ©2018 Africa Science Gateway™
- The company with its licensors, own and control all the copyright and other intellectual property rights in the website and the material on the website.
- The software running the Website, the site design, the logos and other graphics, articles and other texts as well as the database are protected by copyright and property of the Company.
- Marks for Goods and Services can possibly be used without any identification, such as the ® or TM symbols. This does not mean that such marks were not registered trademarks or service marks or such marks were not protected by any applicable law. Such trademarks and service marks are property of their respective owners and must not be used by Users in any infringing manner.
ARTICLE 7: LAW AND JURISDICTION
These Terms and Conditions, including its additions (as in article 1 (3)) are an agreement solely under the law of the Federal Republic of Nigeria, the laws of the Republic of South Africa, and the laws of the Republic of Mauritius, insofar as it is directly applicable within the respective countries. The Company and the User waive all other law, including the law at the place of residence or usage of the User (if other than the mentioned above) and any international trade law.
ARTICLE 8: SALVATORIUS CLAUSE
If any provision or provisions of this Terms and Conditions and its additions (as in Article 1 (3)) shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any applicable jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) INFORMATION
Africa Science Gateway Ltd (“Africa Science Communication Network”, the “Provider”) respects the intellectual property rights of third parties and responds to allegations that copyrighted material has been posted, uploaded or shared on or through AfricaScienceGateway.com (the “Site”) without authorization from the copyright holder in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). Africa Science Gateway will also, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.
A. NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If the user has a good faith belief regarding the use of materials on the Site infringes user copyright, the user may send the Company a notice requesting that the material be removed, or access to it be blocked. If the user believes that user work has been copied and made available through the Site in a way that constitutes copyright infringement, the user may send a written document to [Company]’s Designated Agent (as set forth below) that contains the following (a “Notice”):
- A description of the copyrighted work that user claim has been infringed and if a single notification covers multiple copyrighted works, a list of all such works.
- Identification of the URL or other specific location that contains the material that user claim infringes user copyright described in Item 1 above. User must provide us with reasonably sufficient information to locate the allegedly infringing material.
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf of the owner of an exclusive right that is allegedly infringed;
- A statement by user that user have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.
- A statement by user that the information contained in user Notice is accurate and that user attests under the penalty of perjury that user is the copyright owner or that user is authorised to act on the owner’s behalf.
- Username, mailing address, telephone number, and email address.
If the user believes in good faith that the Company has wrongly filed a notice of copyright infringement against the user, the DMCA permits user to send the Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Africa Science Gateway’s designated agent:
Africa Science Gateway
Unit 117, 1st Floor, RADAR DAD
17 Queens Park Avenue
Salt River 7925, Cape Town
Please note that user may be liable for damages, including court costs and attorneys fees if user misrepresents that content uploaded by a Site user is infringing user copyright. The Company suggests that user consults with user legal advisor before filing a notice or counter-notice.
Upon receiving a proper Notice, Africa Science Gateway will remove or disable access to the allegedly infringing material.
B. ACCESS FOR RIGHTS HOLDERS
Africa Science Gateway generally allows registrations only for scientist, academics, researchers, students and professionals. We nevertheless provide access for rights holders upon special application, so that rights holders can check and find eventual copyright infringements on Africa Science Gateway.
If user are, or represent, a rights holder and want to apply for access for the aforementioned purpose, please state so during the sign-up process. If user have problems with the sign-up process, user may contact Africa Science Gateway’s Legal agent (as stated above) to request a manual registration.
ARTICLE 9: THE WEBSITE LICENCE
- User may register for an account with the website by completing and submitting the account registration form, and clicking on the verification link in the email that the website will send to user.
- User must not allow any other person to use their personal account to access the website.
- User must notify us in writing immediately if user become aware of any unauthorized use of user account.
- User must not use any other person’s account to access the website, unless user have that person’s express permission to do so.
- If user register for an account on the website, the company will provide the user with a Username and Password.
- User must keep username and password confidential.
- User must notify us in writing immediately if user become aware of any disclosure of user password.
- User are responsible for any activity on the website arising out of any failure to keep credentials confidential, and may be held liable for any losses arising out of such a failure.
- The company may: suspend, cancel or edit user account at any time in the company sole discretion without notice or explanation.
- User may cancel user account on the website given that all current invoiced to be paid are collected in full.
- User grant the company a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute user content in any existing or future media / reproduce, store and publish user content on and in relation to the website and any successor website / reproduce, store and, with user specific consent, publish user content on and in relation to the website.
- Without prejudice to our other rights under these terms and conditions, if user breach any provision of these terms and conditions in any way, or if we reasonably suspect that the user have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of user content on the website.