1.1. This is an agreement between the user (“you” or “your”) and Newskoop (registration number: 2017/424629/07) (“we” or “Newskoop”) that governs your use of the Newskoop website (“website” or “site”).
1.2. When you access or use the site in any way, you agree to be bound by these terms and conditions (“terms”).
2.1. We provide the information, content or audio (“materials”) on the site. Only authorised subscribers to Newskoop may access the site. You may view, use, copy, and distribute the materials found on the site for flighting on your licenced radio station following all proprietary regulations accordingly.
2.2. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the site. You may not use the site to compile a collection of listings, including a competing listing product or service.
2.3. The Newskoop name and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from Newskoop.
2.4. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the materials or this site must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any Newskoop name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Newskoop.
3.1. We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any materials contained on, distributed through, or linked, downloaded or accessed from the site.
3.2. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the site (the “Products”).
3.3. We communicate information provided and created by advertisers, content partners, software developers, journalists, publishers, marketing agents, employees, users, resellers and other third parties.
3.4. We have no control over the accuracy of such information on our pages, and material on the site may include technical inaccuracies or typographical errors.
3.5. We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
3.6. All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the service, product or promotion.
3.7. Whilst Newskoop endeavours to ensure all information, content and listings are correct, we do not guarantee the accuracy and information. You agree to check all information relating to any content, service, products, or service (as the case may be).
3.8. We will endeavour to update information listed on the site on a timely basis but shall not be liable for any delays. Links to external Internet sites are provided within the content on the site as a convenience to users. The listing of an external site does not imply endorsement of the site by Newskoop.
3.9. We make no representations regarding the availability and performance of the site and/or to other websites to which we provide links. When you click on any external links from the site, your browser may automatically direct you to a new browser window that is not hosted or controlled by Newskoop. We are not responsible for the content, functionality, or technological safety of these external sites.
3.10. We reserve the right to disable links to or from third-party sites to our site, although we are under no obligation to do so.
3.11. Some external links may produce information that you find objectionable, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked site. We do not fully screen or investigate business listing sites before or after including them in directory listings that become part of the materials on our site, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
3.12. Any use of the site, reliance upon any materials, and any use of the Internet generally shall be at your sole risk. Newskoop disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed.
3.13. The Site (including content, materials and information therein) are provided “as is” and “as available” without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Newskoop disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the site and materials. We do not warrant that any defects or errors will be corrected; or that the content is free of viruses or other harmful components.
3.14. Newskoop disclaims any and all warranties to the fullest extent of the law, including any warranties for any content, information, goods, or services, obtained through or advertised through any links provided by or through the site.
3.15. Newskoop, its shareholders, directors, members and/or agents shall not be liable to any user on account of such user’s use, misuse or reliance on the site for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, delict, even if Newskoop are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the site, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any site.
3.16. We do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any content, information, product or process disclosed on the site or other material accessible from the site. As a user of this site, you assume all responsibility and risk for the use of this site and the internet generally.
REGISTRATION AND ACTIVATION
4.1. To use this site, you must register as a user. To register, you agree to provide us with your personal information and which personal information you consent that we may use for purposes of our own use in analysing the site statistics. We will not use your personal information for any other purpose and we will not sell your information to any third party.
4.2. On registration, you will be issued with a unique username and password (“user profile’). The user profile is personal to you and may not be used by any other person. You may only make use of Newskoop and your user profile for the radio station that you registered for, and not any other radio station or service. Newskoop accepts no responsibility and/or liability for any losses and/or damages suffered by you from the use and/or misuse of your user profile.
4.3. You will only be permitted to utilise the site if you register and you are issued with a user profile. Once your user profile is issued, and has been authorised, we will send you an e-mail to confirm that your user profile has been activated.
4.4. You undertake to maintain and update all your personal information in your user profile and you hereby agree and warrant to us that all such personal information about you is true, accurate and complete in every manner.
5.1. You agree to indemnify and hold us and our shareholders, directors, agents, and employees, harmless from any claim or demand, including reasonable legal’ fees, made by any third party due to or arising out of your breach of these terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the terms.
6.1. The laws of South Africa will govern this site, including these terms.
6.2. We make no representations or warranties that the content of this site complies with the laws (including intellectual property laws) of any country outside of South Africa.
6.3. If for any reason a court of competent jurisdiction finds any provision or portion of the terms to be unenforceable, the remainder of the terms will continue in full force and effect. These terms constitute the entire agreement between you and us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these terms. Any waiver of any provision of the terms will be effective only if in writing and signed in writing by you and us.
6.4. Newskoop reserves the right to investigate complaints or reported violations of these terms and to take any action We deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information.
6.5. Newskoop reserves the right to seek all remedies available at law for violations of these terms. We may periodically change the terms and the site without notice, and you are responsible for checking these terms periodically for revisions.
6.6. All amended terms become effective upon our posting to the site, and any use of the site after such revisions have been posted signifies your consent to the changes.
7.1. For purposes of all communications with us in respect of this site, we may be contacted on the following e-mail addresses:
7.1.1. General information: firstname.lastname@example.org
7.1.2. Support for subscribed users: email@example.com