- Terms and conditions of use
Welcome to our digital information network. These are our terms and conditions for use of the network, which you may access in several ways, including but not limited to the World Wide Web via zifmstereo.co.zw,
- Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in the ZiFM Stereo Content. Nothing in the ZiFM Stereo Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the ZiFM Stereo Content or any part of it. You can access other sites via links from the ZiFM Stereo Site. These sites are not under our control and we are not responsible in any way for any of their contents.
We give no warranties of any kind concerning the ZiFM Stereo Site or the ZiFM Stereo Content. In particular, we do not warrant that the ZiFM Stereo Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to the ZiFM Stereo Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
If you are accessing the ZiFM Stereo Site from the United States or Australia, the additional disclaimers and limitations of liability
- Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the ZiFM Stereo Site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the ZiFM Stereo Site after it has been posted.
- No waiver
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of ZiFM Stereo.
- DMCA notice for US users
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the ZiFM Stereo Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including your name, an address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;
ZiFM Stereo’s designated copyright agent to receive notifications of claimed infringement is: dmca@theZiFM Stereo.com. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
- Governing law & jurisdiction (for US users)
If you have accessed the ZiFM Stereo Site from the US, these terms and conditions are governed by the laws of the United States of America and the laws of the State of New York. You agree that exclusive jurisdiction for any claim or dispute with ZiFM Stereo or relating in any way to your use of the ZiFM Stereo Site resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving ZiFM Stereo News & Media LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the ZiFM Stereo Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.
- Additional disclaimers
Visitors to the ZiFM Stereo Site agree that their use of the ZiFM Stereo Site is at their own sole risk. The ZiFM Stereo Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the ZiFM Stereo Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. ZiFM Stereo also makes no representations and warranties as to any linked sites and ZiFM Stereo has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the ZiFM Stereo Site may represent the opinions and judgments of providers or users, such as user content. ZiFM Stereo and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the ZiFM Stereo Site by anyone other than authorised ZiFM Stereo employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by the ZiFM Stereo Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the ZiFM Stereo Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. ZiFM Stereo does not warrant or guarantee that access to the ZiFM Stereo Site will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
- Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL ZIFM STEREO OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE ZIFM STEREO SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZIFM STEREO SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF ZIFM STEREO SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, ZIFM STEREO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING ZIFM STEREO’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).