The Enjin Creative Review Website (“the Website”) is owned and operated by Softmachine Media, (“Softmachine”), PO Box 91938, Auckland Park, 2006, South Africa.
For the purposes of this Agreement, ‘Material' means data or information on any form of media published and made available to a user on the Website, including but not limited to text, images, photographs, graphics, video or sound material whether created prior to or after this Agreement’s terms have been accepted; and ‘User' means any person who accesses or uses the Website.
By accessing or using any part of the Website, the User acknowledge and agree to be bound by these Terms and Conditions.
The User shall indemnify Softmachine against any unauthorised use of his/her user name and password.
The User shall indemnify Softmachine against all costs, claims, demands or expenses incurred by or made against Softmachine or the Website as a result of any breach of these Terms and Conditions or howsoever arising.
CONDITIONS OF USE
The User may download material electronically, print extracts and make copies of these for his/her own personal and non-commercial use only.
Submission of material is subject to the following:
The User grants Softmachine a non-exclusive, non-transferable, perpetual, royalty-free license to publish or use the material in any format, including in other products of Softmachine.
The User warrants to Softmachine that all rights including intellectual property and moral rights in the Material submitted belongs to the User or the User has received all necessary permissions to submit it to Softmachine.
The User warrants to Softmachine that the Material submitted is not obscene, offensive or defamatory of any person.
Softmachine at its sole discretion reserves the right to: not publish the Material in part or whole; or make changes, additions or deletions to Material prior to publication.
Softmachine shall make no payment for Material submitted and used under these Terms and Conditions.
DATA PROTECTION AND PRIVACY POLICY
Softmachine is committed to safeguarding the privacy of its users.
LIABILITY
The User agrees to indemnify Softmachine in full against any third party liabilities, claims, costs, loss or damage including consequential losses, incurred as a result of publishing Material submitted.
To the extent permitted by law Softmachine, its agents or representatives shall have no liability whatsoever to the User for any direct, indirect or consequential loss or special loss or damage, cost or expense suffered or incurred by the User.
Softmachine does not make any representation or give any warranty, either express or implied.
Softmachine does not endorse or in any respect warrant any third party products or services contained in any of its products.
Although every care is taken in the preparation of information supplied by the Website, Softmachine is not responsible for any loss suffered as a result of any action taken or refrained from being taken as a result of any information contained in the Website.
TRADE MARKS AND INTELLECTUAL PROPERTY
All rights in "Enjin Creative Review", "the Website", and other marks owned by Softmachine are reserved.
MISCELLANEOUS
Softmachine reserves the right to remove, alter, change or vary the Website at any time without notice.
Softmachine shall endeavour to provide constant, uninterrupted access to the Website but do not guarantee to do so and accept no responsibility or liability for any interruption or delay.
The provision of the Website is governed by the Laws of South Africa and shall be subject to the jurisdiction of the South African courts.
Softmachine reserves the right to vary or amend these Terms and Conditions at any time without notice.
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