TERMS AND
CONDITIONS
Interpretation
|
"user" |
|
a person who uses
and/or access computer Software and/or material via the Radio Q-FM
site; |
|
"QFM" |
Radio Q-FM Limited
as established in terms of the Information Broadcasting Act 17 of 2002; | |
|
"Software" |
Including but not
limited to any images or files incorporated in or generated by the
software or data accompanying such software; | |
|
"material" |
Including but not
limited to: text, submissions, images, audio and/or video in whole or in
part; | |
|
"content" |
Included but not
limited to software and material; | |
|
"QFM
site" |
The site on the
World Wide Web controlled and/or owned by Radio
Q-FM; | |
|
"submissions" |
Including but not
limited to notes, images, creative materials, ideas, suggestions concepts,
communication including any data, questions, comments and other
information submitted on the Q-FM site via transmission by electronic mail
or otherwise; | |
|
"forums" |
Including but not
limited to bulletin boards, chat rooms and other public areas found on the
Q-FM site; |
In this agreement unless
it appears to the contrary, the singular shall include the plural and vice
versa, any reference to any gender shall also includes the opposite gender and
any reference to a natural person, shall include legal person and vice versa.
1. Trade mark /
copyrights and restrictions on use
The site consists of
contents which are derived entirely or in part from content supplied by the Q-FM
and other sources. The said contents are protected under applicable Zambian
Copyright and Trade Mark Laws, International Trade Marks and Copyright Laws and
conventions.
The user, with the
inclusion of but not the limitation of, may not reproduce, duplicate, publish,
modify, copy, download, upload in any manner, post, broadcast or transmit,
reverse engineer or disenable, display, or distribute or in any way exploit any
of the contents that being software and/or material. Except,
in so far that the user may download one copy of the content on any single
computer for the user's personal, for non commercial home use only. Provided that all propriety notices and restrictions attached onto
the content are kept intact, unless expressly permitted by the site, or unless
prior written consent from the Q-FM has been obtained. Requests for
permission regarding any issue relating the contents which fall into the ambit
of the limitations stated above, can be made by contacting Radio Q-FM in writing
to:
·
The Managing
Director
·
Radio Q-FM Ltd
·
·
P.O
·
The user is also
strictly prohibited from creating works, and/or software materials derived from
or which are based on the contents found on this site. The prohibition applies
regardless of whether the content is sold, negotiated or given away and/or
further alienated in any manner whatsoever.
2. Access and
availability of service and links
The Radio Q-FM website
contains links to other related world wide web Internet sites. No inference can
be made or representation implied that Q-FM is connected with, operates or
controls these linked web sites. Whether or not these linked sites are in fact
affiliated with Q-FM, Radio Q-FM is not responsible for the content on the
aforesaid sites. The link sites are for the user's convenience only and the
user's access to thereto is at the user's own risk.
When visiting linked
sites, the user must refer to that linked site's individual terms of use and
cannot rely on the terms of this agreement.
3. Submissions /
bulletin boards
Any submissions shall be
deemed to be and remain the exclusive property of Radio Q-FM. The various forums
content, which is found on the Q-FM site, shall be deemed to remain the
exclusive property of Radio Q-FM Ltd.
Radio Q-FM has the
right, but not the obligation to monitor and review submissions submitted by
users, in the forums. Radio Q-FM shall not be responsible for any of the content
of these messages. Radio Q-FM further reserves the right to delete, move or edit
submissions that QFM, in its exclusive discretion, deems abusive, defamatory,
obscene or in violation of any Copyright or Trademark laws or otherwise
objectionable.
4. Rules of conduct for
the user
The user with the
inclusion of but not the limitation of, agrees that they will not transmit
submissions to the Q-FM site that;
Use any of the forums
for illegal purposes;
Are for purpose of
spamming;
Restrict or inhibit any
other user from using and enjoying the forums;
Are unlawful,
threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or
allow for indecent information that constitutes a criminal offence and/or gives
rise to a civil liability claim or otherwise violates any local, national or
international law;
Violate the Copyright,
Trademark or other Intellectual property rights of any other person by the
submission of the content to the Radio Q-FM site through the forums or other
avenues, which allow for such submissions. The user by the transmission of
content in any manner whatsoever, represents to Q-FM that they are the rightful
owner of such content transmitted or that the user has obtained permission from
the rightful owners to submit such content transmitted;
Contain viruses or other
harmful contents;
Are intended for
commercial purposes, contain marketing or promotional materials or are intended
to solicit donations.
The user agrees that all
submission become the exclusive property of Radio Q-FM. The user agrees that
they shall be solely liable for any damage resulting from any infringement of
Copyrights, Trademarks and other proprietary rights or any other damages
resulting from such a submission. The user further indemnifies and holds Q-FM
harmless against all claims for any damages whatsoever arising from the use of
the Q-FM site.
5. Damages, Warranty,
Indemnity
The user expressly
agrees that the use of the QFM site is at the user’s sole risk. Radio Q-FM does
not guarantee or warrant;
That the Radio Q-FM site
will be uninterrupted;
That the Q-FM site will
be default free and that the defects will be corrected;
that the results that
may be obtained from the use or application from information gained from the
Q-FM site in so far as accuracy and content of any such information is
concerned;
Any merchandise provided
through the Q-FM site.
The site is are provided
"AS IS" and on an "IS AVAILABLE" basis, without any representation or
endorsement made and without warranty of any kind whether express or implied,
including but not limited to warranties of satisfactory quality, non-
infringement, title, security and compatibility.
The user acknowledges
and confirms Q-FM’s indemnity to, including but not limited to, indirect,
direct, incidental, special, consequential or punitive damages arising from the
use of or inability to use the Q-FM site. The user acknowledges that the
provisions of this paragraph shall apply to all the contents of the Q-FM site.
The disclaimer of
liability applies to damages or injury, including but not limited to, indirect,
direct, incidental, special, consequential or punitive damages or any damages
whatsoever arising from use or loss of use of data or of profits, whether in
breach of contract, tortuous action, negligence, or under any other cause of
action.
If any of the terms and
conditions of this agreement should be deemed to be unlawful, invalid or
otherwise unenforceable by reason of the laws of any state or country in which
these terms and conditions are intended to be effective than to the extent only
and within the jurisdiction in which that term and condition is illegal, invalid
or unenforceable, it shall be severed and deleted from this agreement and the
remaining terms and conditions shall survive, remain in full force and effect
and continue to be binding and enforceable.
6.
General
This agreement, the
terms, conditions and operating rules for the Radio Q-FM site, constitute the
entire agreement between the parties with respect to the subject matter hereof.
The agreement and the terms and conditions shall be governed and construed in
accordance with the laws of the
Radio Q-FM may at any
time revise these terms and conditions by updating the postings. The user is
bound by such revisions and should therefore periodically visit this agreement
to review the then current terms and conditions to which the user is bound.
Radio Q-FM shall have
the exclusive right to at any time change or discontinue any aspect or feature
of the QFM site.
7. Agreement to and
termination of agreement
The use of or access to
this site constitutes the user's acceptance of terms and conditions hereof,
which are binding on the user and take effect on a date which the user first
makes use of, or access to the Q-FM site.
If the user does not
accept all the terms and conditions in full, the user must exit the site
immediately. Radio Q-FM has the exclusive discretion to terminate the agreement
at any time.
After the user has
exited the site as aforesaid the user must destroy all content, whether
materials or software, obtained from the site and all copies thereof.
In the event of the user
failing to exit the site as aforesaid Q-FM has the right to claim any indirect,
direct, incidental, special or punitive damages caused to Q-FM from the user's
unauthorized access and/or use of the Q-FM site. The user further indemnifies
Q-FM against any claims for damages of whatsoever nature caused to another party
by the user's unauthorized use and/or access of the sites.