30 June 2004
1. Acceptance of Terms
Engineer Placements (herein referred to as EP) provides an assortment of online
resources, including stories of people's wishes, dreams and needs, classified
ads, and various email services, (referred herein as "the Service")
subject to the following Terms of Use ("Terms"), which may be updated
by EP from time to time. EP endeavours to maintain
internationally acceptable standards of conduct and usage deemed necessary in
circumstances where business is transacted via the public internet.
EP will provide notice of materially significant changes to the Terms by
posting notice on the EP site. The most up-to-date version of the Terms can be
viewed at: http://www.engineerplacements.com
By registering your listing on the Service, you are
agreeing to comply with these Terms. When using particular EP services, you
agree to abide by any applicable posted guidelines for all EP services, which
may change from time to time. If you object to any term or condition contained
herein, or any subsequent modifications thereto or become dissatisfied with EP
in any way, your only option is to immediately discontinue use of EP.
Registration fees are non-refundable.
2. Content
You understand that all listings, messages, text, files, images, photos, video,
sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the person
from whom such Content originated. You are entirely responsible for all Content
that you list, post, email or otherwise make available via the Service. You
understand that EP does not control, and is not
responsible for Content made available through the Service, and that by using
the Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. This is not our intention
and we would like your feedback if such information is found on the Site.
Furthermore, the EP site and Content available through the Service may contain
links to other websites, which are completely independent of EP. EP does not
make any representation or warranty as to the accuracy, completeness or
authenticity of the information contained in this site. Should you choose to
link to any other websites, it is at your own risk. By using this site, you
agree that it is your responsibility to evaluate, and assume all risks
associated with :
1.the use of any Content
2.that you may not rely on said Content
3.that under no circumstances will EP be liable in any way for any Content
or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via the Service
You acknowledge that EP does not pre-screen or approve Content, but that EP
shall have the right (but not the obligation) in its sole discretion to refuse,
delete or remove any Content that is available via the Service, for violating
the letter or intent of the Terms, or for any reason.
3. Notification of Claims of Infringement
If you believe that your work has been used or copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify EP for notice of claims of copyright or other
intellectual property infringement ("Agent").
Please provide our Agent with the following Notice:
1. Identify the listing identification number of the alleged copyrighted work
or other intellectual property that you feel has been infringed;
2. Identify the material on the EP's site that you allege is infringing, with
enough detail so that we may locate it on the website;
3. A notarized affidavit by you that you have a good faith belief that the
alleged and disputed use is not authorized by the copyright owner, its agent,
or the law, including your statement, declaring under penalty of perjury that
(a) the information that you provide in your Notice is accurate, and (b) that
you are the owner of the copyright interest involved or that you are authorized
to act on behalf of the copyright owner;
4. Your address, telephone number, and email address; and
5. Your physical or electronic signature.
EP's Agent will forward this information to the alleged infringer.
4. Privacy and Information Disclosure
EP has established a Privacy Policy to explain to users how their information
is collected and used, located at http://www.engineerplacements.com.
Your use of the EP website and the
Services contained therein signifies acknowledgement of and agreement to our
Privacy Policy. You further acknowledge and agree that EP may, in its sole
discretion, preserve or disclose your Content, as well as your information,
such as email addresses, IP addresses, timestamps, and other user information, only
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: comply with legal process; enforce
these Terms; respond to claims that any Content violates the rights of
third-parties; or protect the rights, property, or personal safety of EP, its
users or the general public.
5. Conduct
By using EP, you agree not to post, email, or
otherwise make available Content that:
is unlawful, harmful,
threatening, abusive, harassing, defamatory, pornographic, libelous, invasive
of another's privacy, distasteful or harms minors in any way;
harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
impersonates any person or entity, including, but not limited to, a EP employee, or falsely
states or otherwise misrepresents your affiliation with a person or entity;
includes personal or identifying information about another person without that person"s explicit
consent.
is false, deceptive,misleading, deceitful, deemed to be misinformation.
infringes upon any patent, trademark, trade secret, copyright or other proprietary rights
of any party, or content that you do not have a right to make available under
any law or under contractual or fiduciary relationships.
constitutes or contains any form of advertising or solicitation if (1) posted in areas of the EP
which are not designated for such purposes; or (2) emailed to EP users who have
requested not to be contacted about other services, products or commercial
interests.
includes links to commercial services or web sites, except as allowed in "small business or
organization listings".
advertises any illegal services or the sale of any items the sale of which is prohibited
or restricted by applicable law, including without limitation items the sale of
which is prohibited or regulated by law - a partial list of these is provided
for your convenience.
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
disrupts the normal flow of dialogue with an excessive number of targeted messages to the Service, or that
otherwise negatively affects other users" ability to use the Service;
employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to
disguise the origin of Content transmitted through the Service.
In addition, you agree not to:
contact anyone who has asked not to be contacted;
harass, intimidate or violate the privacy of anyone for any reason:
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - exception is made for registered
internet search engines (e.g. Google) and non-commercial public archives (e.g.
archive.org) that comply with our file protocols;
purposefully post Content in a irrelevant category or city, repeatedly post the same or
similar Content or otherwise impose an unreasonable or disproportionately large
load on our infrastructure; or
attempt to gain unauthorized access to EP's computer systems or engage in any activity that
disrupts, diminishes the quality of, interferes with the performance of, or
impairs the functionality of, the Service or the EP website.
6. No Spam Policy
You understand and agree that sending unsolicited
email advertisements to EP email addresses or through EP computer systems,
which is expressly prohibited by these Terms, will use or cause to be used
servers located internationally. Any unauthorized use of EP computer systems is
a violation of these Terms.
7. Limitations on service
You acknowledge that EP may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained by the
Service, the maximum number and size of postings, email messages, or other
Content that may be transmitted or stored by the Service, and the frequency
with which you may access the Service. You agree that EP has no responsibility
or liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that EP reserves the right at any
time to modify or discontinue the Service (or any part thereof) with or without
notice, and that EP shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
8. Termination of service
You agree that EP, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any part
thereof), immediately and without notice, and remove and discard any Content
within the Service, for any reason, including, without limitation, if EP deems
that you have acted inconsistently with the letter or intent of the Terms. In
addition, you agree that EP shall not be liable to you or any third-party for
any termination of your access to the Service and, you agree not to attempt to
use the Service after said termination. Sections 2, 4, 6 and 9-14 shall survive
termination of these Terms.
9. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You agree
that EP shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings. If there is a dispute between
participants on this site, or between users and any third party, you understand
and agree that EP is under no obligation to become involved. In the event that
you have a dispute with one or more other users, you hereby release EP, its
officers, employees, agents and successors in rights from claims, demands and
damages (actual and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way related to such disputes and / or our service.
10. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to copyrights
laws, and international conventions. Any reproduction, modification, creation
of derivative works from or redistribution of the Site or the collective work
is prohibited. Copying or reproducing the sites or any portion thereof to any
other server or location for further reproduction or redistribution is
prohibited. You further agree not to reproduce, duplicate or copy Content from
the Service, and agree to abide by any and all copyright notices displayed on
the Service. You may not decompile or disassemble, reverse engineer or
otherwise attempt to discover any source code contained in the Service. Without
limiting the foregoing, you agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any aspect of the Service
Although EP does not claim ownership of content
posted by it's users, by posting Content to any public area of the Service, you
automatically grant, and you represent and warrant that you have the right to
grant, to EP an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content, and
to grant and authorize sublicenses (through multiple tiers) of the foregoing.
11. Disclaimer of Warranties
YOU AGREE THAT USE OF THE EP SITE AND THE SERVICES PROVIDED ARE ENTIRELY AT
YOUR OWN RISK. THE EP SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS"
OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, EP DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE EP SITE
AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, EP DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EP
SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE EP SITE. TO
THE FULLEST EXTENT PERMITTED BY LAW, EP DISCLAIMS ANY WARRANTIES FOR VIRUSES OR
OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE EP SITE OR THE SERVICE. Some
jurisdictions do not allow the disclaimer of implied warranties. In such
jurisdictions, some of the foregoing disclaimers may not apply to you insofar
as they relate to implied warranties.
12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL EP BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EP HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE EP
SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE EP
SITE OR THE SERVICE, FROM INABILITY TO USE THE EP SITE OR THE SERVICE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE EP
SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED
IN CONNECTION WITH THE EP SITE OR THE SERVICE OR ANY LINKS ON THE EP SITE, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
IN CONNECTION WITH THE EP SITE OR THE SERVICE OR ANY LINKS ON THE EP SITE.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some
jurisdiction, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
13. Indemnity
You agree to indemnify and hold EP, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers
and employees, harmless from any claim or demand, including reasonable attorney
fees and court costs, made by any third party due to or arising out of Content
you submit, post or make available through the Service, your use of the
Service, your violation of the Terms, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
14. General information
The Terms constitute the entire agreement between you and EP and govern your
use of the Service, superceding any prior agreements between you and EP. The
Terms and the relationship between you and EP shall be governed by the laws of South Africa
in the magisterial district of Johannesburg, without regard to its conflict of
law provisions. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the Terms must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
15. Violations of Terms
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
