Terms and Conditions
CLASSIC fM WEBSITE USER AGREEMENT
Your access to and use of the Classic fM website as the user ("the user") shall be subject to the following terms and conditions. If you do not agree with these terms, please do not use this site. We reserve the right at our discretion to update or revise the terms of use. Your continued use of this site following the posting of any changes to the terms of use constitutes acceptance of those changes. Classic fM 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.
1. THE INFORMATION SERVICE
1.1 The Classic fM service ("the information service") is comprised of information and content, which includes but is not limited to advertising services, general news, e-commerce, interactive chat rooms, trading sites, news groups and forums (moderated and unmoderated) provided by Classic fM and third parties appointed by Classic fM from time to time.
2. GRANT
2.1 Classic fM hereby grants to the user a personal, non-exclusive, non-assignable and non-transferable right to use and display all content and software included in the information service on any computer of which the user is the primary user.
2.2 Notwithstanding anything contained in clause 2.1 above the user may designate members of the user's household to use the information service in accordance with the terms of this agreement, provided it is done by using the user's computer equipment or account.
2.3 The user shall not copy any of the content or software without first obtaining Classic fM's written consent and Classic fM reserves all its rights, including the right to institute legal action and to terminate this agreement, should such infringement occur.
2.4 The user shall be responsible for all use of the information service accessed through the user's account, as defined by any user identification mechanisms such as cookies, passwords or authentication certificates, and the user hereby agrees to be personally liable for any and all obligations entered into or assumed by others who access the information service through the user's account.
2.5 Neither the user nor its designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the information service, without the prior written consent of Classic fM.
3. THE TERMS OF USE
The user agrees that:
3.1 Use of the information service is at the user's sole risk. Neither Classic fM nor any of its information providers, licensors, suppliers, employees, agents, or Internet Service Providers ("the suppliers") 3.1.1 guarantee that the information service will be uninterrupted, error-free, accurate or correct; 3.1.2 shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the information service or inability to use the service or out of any breach of this agreement.
3.2 The user shall not add to the information service any material that violates the intellectual property rights of any other person.
3.3 The user shall not upload, post or otherwise publish on or over the information service, and not seek on or over the service, any software, file, information, communication or other content: 3.3.1 which violates or infringes upon the rights of any other;
3.3.2 which, under the circumstances and in Classic fM's sole discretion, is, or is likely to be perceived by an intended recipient or target as, defamatory, deceptive, misleading, abusive, profane, pornographic, offensive or inappropriate or contrary to any laws of the countries in which the information service may be accessed;
3.3.3 which is unsuitable for children and minors;
3.3.4 which constitutes a threat to, harassment of, or invasion of privacy of any person or legal persons;
3.3.5 which detrimentally affects the information service or Classic fM in any way whatsoever;
3.3.6 which contains any virus or any other attribute that may cause a corruption of data;
3.3.7 which, without the approval of Classic fM, contains any advertising, promotion or solicitation of goods or services for commercial purposes.
3.4 The Classic fM site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Classic fM and the user acknowledges that Classic fM is not responsible for the accuracy, copyright compliance, legality or decency of any other aspect or the content of such sites. The inclusion of such a link does not imply endorsement of the site by Classic fM or any association with its operators.
4. DISCLAIMER AND INDEMNITY
4.1 The information service is distributed in good faith without any warranties either express or implied, including any implied warranties of the merchantability, non-infringement of third party rights, freedom from viruses or other harmful code or fitness for a particular purpose.
4.2 The user waives any claim which the user may have against Classic fM, its subsidiaries and other affiliated companies and their employees, contractors and officers in respect of any selection of, or retention of, or the acts or omissions of, third parties in connection with the information service.
4.3 The user acknowledges that Classic fM will not be required to edit or review for accuracy or appropriateness any content within the service.
4.4 The user hereby indemnifies Classic fM its subsidiaries and affiliated companies, contractors, officers and its employees or suppliers and holds them harmless against all claims or actions which may be instituted against Classic fM for loss or damage which may be incurred by Classic fM arising out of the user's use of the web-site or any breach of these terms and conditions by the user.
5. IMMATERIAL PROPERTY RIGHTS
5.1 All rights, including copyright, in and to any content available through the information service is held by Classic fM, unless otherwise identified as the property of a third party.
5.2 The user or designated user who places or has placed software, a file, information, communication or other content on, in, over or through the accessible areas of the service grants to Classic fM or assignees an exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with Classic fM's business or the business of its assignees such software, files, information, communications and other content, regardless of the medium, technology or form utilised by Classic fM in the exercise of this grant. Classic fM will endeavour to acknowledge the holder of such rights where possible.
6. USE OF USER INFORMATION BY CLASSIC fM
6.1 Classic fM may in the widest sense possible distribute, loan, sell or otherwise share with other persons or entities information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular user of the information service.
6.2 Classic fM will be entitled in its sole discretion and without notice to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to threaten rights of any person or entity, and to maintain and use internally such information and records.
6.3 Classic fM may also provide online and e-mail communications to the user on matters pertaining to the information service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith.
6.4 The user acknowledges:
6.4.1 that communications within the information service may be monitored or reviewed for quality control and other reasonable business purposes;
6.4.2 that advertising and promotion may occur on the information service and that the user shall not have any claim with respect to any proceeds from such activities.
6.5 The use of the user information and the disposal or dissemination thereof shall not constitute invasion of privacy by Classic fM. By making this information available to us, you consent to it being disclosed to third parties. Classic fM does not undertake that any information will be kept confidential. In particular, Classic fM will receive various types of information from users who access the website, including the IP address of the computer. This information is used to measure the success of the website. This information will not be kept confidential because of its content.
7. GOVERNING LAW AND JURISDICTION
This User Agreement is governed by the laws of the Republic of South Africa.
8. GENERAL
8.1 No agreement to alter, vary or cancel this agreement and no addition or amendment to or deletion from this agreement shall be of any force and effect unless reduced to writing and signed by all the parties.
8.2 No indulgence, extension of time, relaxation or latitude which any party ("the grantor") may show grant or allow to the other ("the grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
8.3 This agreement contains the whole agreement between the parties and no other warranty or undertaking is valid, unless contained in this document between the parties
8.4 Should any provision of this agreement be void for vagueness or for any other reason, then that provision shall be capable of being severed from the remainder of the agreement which shall remain of full force and effect.
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