In making material available online the Nelson Mandela Foundation (NMF) acts in good faith. However, despite these safeguards, we recognise that from time to time material published online may be in breach of copyright laws, contain sensitive personal data, or include content that may be regarded as offensive or defamatory. If you are concerned that you have found material on our website, for which you may not have given permission, contravenes privacy laws, is offensive / defamatory and in terms of copyright law is not covered by a limitation or exception, please contact us in writing or via email stating the following:
- Your contact details
- The full details of the material
- The exact and full URL where you found the material
- If the request relates to copyright, provide proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative
- The reason for your request including but not limited to copyright law, privacy laws, data protection, obscenity, defamation etc
Notice and Takedown
Nelson Mandela Foundation
Private Bag X70000
- Upon receipt of notification the ‘Notice and Takedown’ procedure is then invoked as follows:
- The NMF will acknowledge receipt of your complaint by email or letter and will make an initial assessment of the validity and plausibility of the complaint.
- Upon receipt of a valid complaint the material will be temporarily removed from the website pending an agreed solution.
- The NMF will contact the contributor who deposited the material, if relevant. The contributor will be notified that the material is subject to a complaint, under what grounds, and will be encouraged to mitigate the concerns of the complainant.
- The complainant and the contributor will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:
a. The material is replaced on the NMF website unchanged
b. The material is reinstated on the NMF website with change
c. The material is permanently removed from the website
d. If the contributor and the complainant are unable to agree a solution, the material will remain unavailable through NMF until a time when a resolution has been reached.
Please note: The contributor(s) will defend, indemnify and hold the NMF and their respective officers, employees and agents, harmless for any and all losses, claims, damages, awards, costs and expenses including reasonable attorney’s fees which may arise from any claim. This indemnity shall survive the termination of this agreement.