TERMS AND CONDITIONS

Babas and Brasse is an independent, inclusive, non-profit creative platform and collective created to showcase, archive, celebrate and provide a platform for local creative work and cultural expression.

Babas and Brasse is not currently represented as a registered company, non-profit company or other registered legal entity.

The platform may publish and promote, among other things:

• journalism;
• essays;
• commentary;
• interviews;
• reviews;
• opinion pieces;
• literature and creative writing;
• photography;
• visual art;
• fashion-related content;
• cultural criticism;
• multimedia work; and
• other creative contributions.

These Terms apply to website visitors, readers, commenters, contributors and any person who interacts with Babas and Brasse through the website or its submission channels.

Contributors are not required to enter into a separate written contributor agreement unless Babas and Brasse specifically requests one for a particular project.

However, by submitting material to Babas and Brasse for possible publication, a contributor acknowledges the provisions of these Terms that relate to contributor submissions, originality, copyright, responsibility and publication.

Babas and Brasse provides a platform through which independent writers, artists, creatives and community members may express their own ideas, opinions, experiences, interpretations and perspectives.

Unless expressly identified as an official statement issued by Babas and Brasse:

All opinions, views, arguments, interpretations, statements, experiences, conclusions and other views expressed in a contributor’s work belong solely to that contributor.

They do not necessarily reflect or represent the views, beliefs, values, policies or opinions of Babas and Brasse, its Editor in Chief, Junior Editor, editorial team, developers, contributors, collaborators or other persons associated with the platform.

A contributor remains responsible for the statements, opinions, representations and claims contained in their submitted work.

The publication, editing, reviewing, acceptance or promotion of a contribution by Babas and Brasse does not mean that Babas and Brasse endorses, adopts, agrees with or accepts responsibility for the personal views expressed by that contributor.

Readers should therefore not interpret publication on Babas and Brasse as endorsement of the contributor’s position.

To the fullest extent permitted by applicable law, Babas and Brasse and members of its editorial or technical team will not accept liability solely because an independent contributor has expressed a particular personal opinion, argument or viewpoint through the platform.

Nothing in these Terms is intended to exclude responsibility where South African law does not permit such responsibility to be excluded.

The Editor in Chief and authorised editorial team of Babas and Brasse retain full editorial discretion over material submitted for publication.

Submission of material does not guarantee publication.

Babas and Brasse may, at its discretion:

• accept a submission;
• reject a submission;
• request changes;
• request clarification;
• request supporting sources;
• correct spelling, grammar or formatting;
• edit content for clarity or style;
• add headings, excerpts, captions or editorial notes;
• delay publication;
• decline publication;
• restrict published material;
• correct published material;
• update published material;
• temporarily remove material;
• permanently remove material; or
• refuse further submissions from a contributor where reasonably appropriate.

Babas and Brasse is not required to provide a reason for declining a submission.

Where reasonably practical, substantial editorial changes that could materially change the intended meaning of a contributor’s work should be discussed with the contributor before publication.

By submitting an article, essay, image, photograph, artwork, review, opinion piece, story or other material to Babas and Brasse for consideration, the contributor represents that, to the best of their knowledge:

5.1Original Work

The material is their own original work, except where third-party material has been appropriately quoted, referenced, credited, licensed or otherwise lawfully used.

5.2Authority to Submit

They have the right and authority to submit the work for publication.

5.3No Plagiarism

The submitted work does not knowingly present another person’s writing, research, artwork, photography, creative expression or other protected material as the contributor’s own work.

5.4Third-Party Rights

Where another person’s copyrighted material is included, the contributor has obtained any permission reasonably required by law or has another lawful basis for its use.

5.5Factual Claims

Where factual statements or allegations are presented as fact, the contributor has made reasonable efforts appropriate to the circumstances to ensure that those statements have a proper basis.

5.6Privacy and Confidentiality

The contributor has not knowingly included private, confidential or personal information that they have no lawful right to disclose.

5.7Defamatory or Unlawful Content

The contributor has not knowingly submitted fabricated allegations, deliberately false information or material intended to unlawfully damage another person’s reputation.

5.8Responsibility

The contributor accepts responsibility for the representations, claims, opinions and content that they have personally submitted.

Babas and Brasse may request supporting information or clarification before publication but is not required to independently verify every statement contained in every submission.

Babas and Brasse does not support or knowingly permit plagiarism.

Plagiarism may include presenting another person’s writing, artwork, photographs, research or other creative output as one’s own without appropriate acknowledgement or permission where required.

Where Babas and Brasse reasonably suspects that a submission contains plagiarised or unlawfully copied material, it may:

• reject the submission;
• request evidence of authorship;
• request proof of permission;
• suspend publication;
• remove published material;
• add a correction or editorial notice;
• notify the contributor of the concern; or
• decline future submissions from the contributor.

A contributor whose work is accused of plagiarism may be given an opportunity to provide relevant information before a final editorial decision is made where circumstances reasonably allow.

Unless otherwise expressly agreed in writing, contributors retain copyright in their own original work to the extent provided by applicable copyright law.

Submission to Babas and Brasse does not automatically transfer ownership of the contributor’s copyright to Babas and Brasse.

By submitting material and agreeing to its publication, the contributor grants Babas and Brasse a non-exclusive, royalty-free licence to use the submitted material for purposes reasonably connected with Babas and Brasse.

This includes the right to:

• publish the work on the Babas and Brasse website;
• display the work;
• archive the work;
• format the work for the website;
• create article previews or excerpts;
• display accompanying thumbnails;
• promote the published contribution through Babas and Brasse’s official platforms;
• reference or link to the contribution; and
• make reasonable technical or editorial formatting changes.

The contributor remains free to use their own work elsewhere unless otherwise agreed.

Content appearing on Babas and Brasse may be protected by copyright and other intellectual-property laws.

Unless permission has been obtained from the relevant copyright holder or the use is otherwise permitted by law, users may not:

• copy or republish an entire article;
• reproduce a substantial portion of an article;
• copy photographs or artwork;
• reproduce original illustrations or graphics;
• remove author attribution;
• remove a copyright notice;
• remove a watermark;
• present Babas and Brasse content as their own;
• commercially exploit Babas and Brasse content;
• substantially adapt another person’s work and present it as original;
• mirror substantial portions of the website;
• systematically scrape substantial amounts of website content;
• create unauthorised databases of Babas and Brasse content; or
• use substantial amounts of published content for commercial artificial-intelligence or machine-learning training without permission from the appropriate rights holder.

Proper attribution does not automatically give someone permission to reproduce copyrighted material.

Where permission is required, permission must be obtained from the appropriate copyright holder.

Nothing in these Terms prevents uses that are lawfully permitted under South African law.

Babas and Brasse aims to give contributors appropriate credit for their published work.

Where an article or creative work is attributed to a particular contributor, users must not intentionally remove the contributor’s name or falsely claim authorship of that work.

If an incorrect author attribution appears on the website, the contributor may request that Babas and Brasse correct it.

Requests may be sent to:

submissions@babasandbrasse.co.za

Babas and Brasse may allow readers and other users to submit comments on published content.

Comments are subject to moderation and are not automatically entitled to publication.

Babas and Brasse may approve, reject, hide, edit where appropriate, restrict or remove comments at its discretion.

Users remain solely responsible for the content of comments they submit.

Comments must not knowingly contain:

• unlawful threats;
• harassment;
• unlawful hate speech;
• unlawfully discriminatory content;
• defamatory statements;
• deliberately false allegations;
• spam;
• malicious links;
• unlawful advertising;
• copyrighted material used without permission where permission is required;
• personal information unlawfully disclosed about another person;
• impersonation;
• malware or harmful code; or
• other unlawful or seriously inappropriate content.

The publication of a user comment does not mean that Babas and Brasse agrees with or endorses the comment.

The views expressed by commenters belong solely to those commenters.

Moderation does not create an obligation for Babas and Brasse to identify every possible legal or factual issue contained in every comment.

Babas and Brasse aims to publish thoughtful and responsible work.

However, Babas and Brasse does not guarantee that all information appearing on the website will at all times be complete, current, accurate or free from error.

Reviews, essays, criticism, commentary and opinion pieces may contain subjective assessments and personal interpretations.

Readers should exercise their own judgement when engaging with such material.

Where a material factual error in published content is brought to the attention of Babas and Brasse and reasonably established, the editorial team may take appropriate action.

This may include:

• correcting the information;
• updating the article;
• adding an editor’s note;
• publishing a clarification;
• temporarily restricting the material; or
• removing the material where appropriate.

Minor spelling, grammar, formatting or typographical corrections may be made without an editorial notice.

Babas and Brasse takes legitimate complaints regarding copyright infringement, plagiarism, privacy violations, incorrect attribution and unlawful content seriously.

If you believe that content appearing on the website:

• copies your work without lawful authority;
• infringes your copyright;
• has been plagiarised;
• falsely attributes work to another person;
• infringes your privacy;
• contains a material factual error; or
• otherwise unlawfully infringes your rights,

you may contact:

submissions@babasandbrasse.co.za

Your complaint should, where possible, include:

1. your name and contact details;
2. identification of the relevant article or content;
3. a link or description identifying where the content appears;
4. an explanation of the concern;
5. identification of the work or legal right you believe has been infringed;
6. supporting evidence where reasonably available;
7. the action you are requesting; and
8. confirmation that the information you have supplied is, to the best of your knowledge, accurate and submitted in good faith.

Babas and Brasse may investigate the complaint and may contact the relevant contributor.

During an investigation, Babas and Brasse may temporarily restrict or remove disputed material.

Submitting a complaint does not automatically guarantee that material will be removed.

Babas and Brasse reserves the right to determine the appropriate editorial response after considering the information available and applicable law.

Unless otherwise stated, rights in the Babas and Brasse name, logo, branding, original graphics, website presentation and original material produced directly for Babas and Brasse belong to Babas and Brasse or the relevant creator or rights holder.

Contributor-owned material remains subject to the contributor copyright provisions contained in these Terms.

Third-party trademarks, logos and copyrighted material remain the property of their respective rights holders.

Babas and Brasse may provide links to:

• artists;
• organisations;
• social-media accounts;
• events;
• external articles;
• products;
• websites; or
• other third-party resources.

Babas and Brasse does not control independent third-party platforms and is not responsible for their availability, security, content, policies or privacy practices.

The inclusion of a link does not automatically mean that Babas and Brasse endorses the third party or everything published by them.

Personal information collected through the website will be handled in accordance with applicable South African data-protection legislation, including the Protection of Personal Information Act 4 of 2013 (“POPIA”), where applicable.

Further information is contained in the Babas and Brasse Privacy Policy.

Babas and Brasse publishes journalism, commentary, creative writing, literature, photography, artwork and other forms of cultural and artistic expression.

In some cases, lawful editorial, journalistic, literary or artistic content may refer to identifiable individuals, events or organisations.

Babas and Brasse aims to balance freedom of expression with privacy, dignity, intellectual-property rights and other rights protected under South African law.

Babas and Brasse is a platform for independent creative voices.

To the fullest extent permitted by law, Babas and Brasse, its editors and persons involved in operating the platform will not be responsible solely for:

• a contributor’s personal opinion;
• a contributor’s personal belief;
• a contributor’s subjective interpretation;
• a contributor’s personal experience;
• a comment submitted by an independent user; or
• disagreement between a reader and an independent contributor’s views.

Contributors and commenters remain responsible for the material that they personally submit.

However, nothing in these Terms excludes or limits any responsibility that cannot legally be excluded under South African law.

Unless expressly stated otherwise, material published on Babas and Brasse is intended for journalistic, cultural, literary, creative, educational, entertainment or informational purposes.

It should not be treated as legal, medical, financial or other regulated professional advice.

Users must not:

• attempt to gain unauthorised access to administrative areas;
• attempt to bypass security measures;
• interfere with website operation;
• introduce malicious software;
• attack the website or its infrastructure;
• misuse website forms;
• deliberately flood the platform with spam;
• impersonate another person; or
• use the website for unlawful purposes.

Babas and Brasse may restrict access or take other reasonable action where misuse is detected.

Babas and Brasse does not guarantee that the website will always be available without interruptions or technical problems.

The website or individual features may occasionally be modified, suspended or temporarily unavailable for maintenance, security, editorial or technical reasons.

Babas and Brasse may amend these Terms when reasonably necessary.

The latest version will be made available on the website and will display the most recent update date.

Continued use of the website following publication of revised Terms constitutes acceptance of the revised Terms to the extent permitted by law.

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be limited or removed to the minimum extent necessary.

The remaining provisions will continue to apply.

These Terms and Conditions are governed by the laws of the Republic of South Africa.

Any dispute relating to these Terms or the Babas and Brasse website will be dealt with in accordance with applicable South African law and, where necessary, by a court with appropriate jurisdiction.

For general enquiries, contributor submissions, editorial matters, copyright complaints, plagiarism concerns and content-related complaints, contact:

Email: submissions@babasandbrasse.co.za

Website: www.babasandbrasse.co.za