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Disclaimer
The information contained in this web site has been obtained from sources which are believed to be reliable, but no representation or warranty, express or implied, is made that such information is accurate or complete and it should not be relied upon as such. This site, or any commentary therein, does not purport to make any recommendation or provide investment advice of any nature whatsoever. Prior to making any investment decisions investors should seek advice from their advisors. The information and analysis contained in this site is not to be, and should not be, construed as an offer or solicitation or encouragement of any kind to make any investment decision relating to any gold or silver mining, development or exploration company, or any other company. Past performance is not indicative of future results. Any expressions of opinion are those of the web site owner only and are subject to change without notice.
WEB SITE TERMS & CONDITIONS
IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEB SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE THE USER AGREES AND IS DEEMED TO HAVE AGREED TO OBSERVE ALL TERMS & CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEB SITE. THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE WEB SITE OR ANY PART THEREOF (THE GOLDVAL.COM WEB SITE) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 (SOUTH AFRICA) ("the ECT Act")
THIS ENTIRE WEB SITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". THE WEB SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEB SITE OR THE INFORMATION CONTAINED IN IT.
Subject to Chapter 7 of the ECT Act, the web site owner, its officers, employees, suppliers, ISPs, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this web site.
Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, the web site owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.
The web site owner has no control over third party content and features which can be accessed through the use of this web site and does not examine or edit such content and features or act as an agent for third parties accessible through this web site. As such and to the fullest possible extent permissible under law the web site owner disclaims any liability whatsoever for any loss or damage arising from the use of third party web sites, contents and features.
The user acknowledges that the content of this web site may contain inaccuracies, errors or omissions. GoldVal.com and/or the web site owner will endeavour to rectify any error which is brought to its attention but neither GoldVal.com or the web site owner will be held liable in any manner whatsoever for any loss or damage which may occur arising from the use of this web site, even if such loss or damage results from any inaccuracy, error or omission.
USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE WEB SITE OWNER, ITS OFFICERS, EMPLOYEES, ISPs, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USERS USE OF THIS WEB SITE, THIRD PARTY WEB SITES OR ANY OF THE SERVICES OFFERED THROUGH SUCH SITES IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CONTENT.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE GOLDVAL WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BOUND YOU TO THESE TERMS AND CONDITIONS.
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http://www.acts.co.za/ect_act/
1 DEFINITIONS AND INTERPRETATION
a. References herein to the GoldVal.com web site or content shall include any part thereof
b. References herein to User(s) means any person who access the GoldVal.com web site, notwithstanding the fact that such a person only visited the home page of the GoldVal.com web site;
c. References herein to the singular includes the plural and vice versa; and
d. Notwithstanding the fact that any hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the validity and interpretation of these terms and conditions.
e. "web site owner" and/or "we" means Blue Disa Trading 245 cc ("Blue Disa"). Blue Disa is registered in South Africa.
f. "user" means any person accessing any part of the web site
g. "consumer" means any natural person (not a company, CC, trust etc) who enters or intends entering into an electronic transaction with this site as the end-user of the goods or services offered by this site
h. "this web site" means http://www.goldval.com and all sub pages thereof excluding links to external sites
g. "ECT Act" means the Electronic Communications & Transactions Act 25 of 2002
2 GENERAL
GoldVal.com provides information and analysis on the global gold mining industry, including analysis of gold mining companies. GoldVal.com also provides such information and analysis on gold exploration and gold development companies as well as those which may produce other metals such as silver and copper.
GoldVal.com generally makes use of information in the public domain and, in particular, uses information provided by the mining, development and exploration companies through published reports and announcements of those companies and as contained in the company’s web sites. GoldVal.com also makes use of information of other general information, such as commodity prices and share prices from other web sites or print media. Where appropriate, GoldVal.com will acknowledge the use of specific sources of information.
These Terms and Conditions are deemed to incorporate the “Definitions” which are available on the Page by that name on this web-site. These Definitions describe various parameters that are used in this web site and also indicate certain risks involved in the use of the information provided.
Users may only access and use the GoldVal.com web site for legal purposes.
Hyperlinks to the GoldVal.com web site from any other source shall be directed at the Home page of the GoldVal.com web site. The web site owner shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the GoldVal.com web site, if such content was accessed through a hyperlink. Persons that wish to link to content beyond the home page of the GoldVal.com web site shall do so at their own risk and undertake to indemnify the web site owner against any loss, liability or damage that may result from content on the GoldVal.com web site.
3 Blue Disa may, in its sole discretion, amend these terms and conditions from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage.
4 Use of this web site is strictly at the sole risk of the user.
5 Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this web site for personal use provided that:
a. such content is used for personal, educational and/or non-commercial purposes only; and
b. any reproduction of content from the GoldVal.com web site includes the following copyright notice: ©GoldVal.com 2009. ALL RIGHTS RESERVED
This provision specifically excludes any commercial use.
6 Users wishing to utilise content for commercial purposes may only do so with the prior written permission of the web site owner. Requests for commercial use should be submitted request@goldval.com. The granting or refusing of permission is completely within the discretion of the web site owner, and may be conditional.
7 The web site owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information, including any pricing and rates, set out in this web site.
8 Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected.
9 Please submit any query in respect of these Terms & Conditions or the use of this web site by email to request@goldval.com
10 A data messages sent by the web site owner to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
11 The web site owner reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
12 In order to provide a relevant and secure service, and where required to do so under law, the web site owner may monitor and/or intercept electronic communications such as e-mail which are sent to this web site. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
13 Any content received by e-mail or other data message will be assumed to have been submitted for publication free of charge, unless the sender clearly stipulates that payment for the content is required and includes all relevant contact and pricing information in the e-mail or other data message.
14 The publication of content, either on-line or off-line, is within the sole and exclusive discretion of the web site owner.
15 While we take reasonable security precautions, no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.
16 The following acts in connection with this web site are expressly prohibited:
a. Gaining or attempting to gain unauthorised access to any web page or part of this web site;
b. Delivering or attempting to deliver any unauthorised or malicious code or content to this web site; and/or
c. Any amendment to or attempt to amend any of the content or any other part of this web site by unauthorised persons.
17 We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this web site or attempts to gain unauthorized access to any page on or part of this web site.
18 Copyright in all information, images, source codes and other original material contained in this web site which is not attributed to a third party, is held by or licensed to the web site owner. THE WEB SITE OWNER ASSERTS AND RESERVES ALL ITS RIGHTS, INCLUDING MORAL RIGHTS, IN THIS REGARD.
19 The web site owner grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information on any machine of which the user is the primary user for non-commercial purposes only.
20 If you believe that this site in any way infringes a third party copyright or other intellectual property right please communicate to request@goldval.com the full details of the alleged infringement.
21 This web site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this web site complies with all applicable laws and regulations.
22 The web site owner accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
23 Automated transactions and searches are subject to these terms and conditions.
24 The use of malicious search technology is prohibited.
25 The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.
26 Search technology which does not unduly retard the operation of this web site is acceptable but the web site owner reserves the right to prohibit any specific entity from employing search technology on the web site.
27 Permission to link to this web site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this web site at any time and for any reason.
28 Hyperlinks and/or advertisements contained on this web site and directed towards other web sites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This web site in no manner controls or edits the content of sites or pages linked to, and disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to web site.
29 Use of the sites or pages linked to is accordingly exclusively at the risk of the user.
30 The express permission in writing of the web site owner, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed. Requests for permission can be submitted to request@goldval.com.
31 The web site owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this web site and/or to terminate the access rights of any user where, for example and without limitation:
a. The web site owner regards the action or inaction of a user to constitute a breach of these terms and conditions;
b. The web site owner regards the action or inaction of a user to constitute abuse of the services offered through this web site.
c. Events beyond the reasonable control of the web site owner, including technical failures, prevent the continuing provision of the web site.
d. For any other reason at the sole discretion of the web site owner
32 The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.
33 This web site is owned and maintained within the Republic of South Africa and is hosted by SquareSpace.com.
34 When using this site and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Johannesburg, South Africa.
35 Users of this web site are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002.
36 The user consents to the jurisdiction of the Magistrate's Court having jurisdiction in terms of section 28 of the Magistrate's Court Act as amended in respect of any dispute flowing from the use of this web site.
37 Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time. Please refer to the last revision date at the foot of this page.
38 We will attempt to give notice of any amendments, but reserve the right to effect binding amendments, additions or deletions without notice.
39 Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this site.
40 In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this Agreement.
41 These Terms of Use contain the record of the entire agreement between the user and the web site owner.
42 Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
LAST REVISION DATE = 27 SEPTEMBER 2009