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Terms and Conditions

Terms and Conditions

TERMS AND CONDITIONS

These Terms and Conditions are binding and enforceable against all users who access the tmglive.tv or any part thereof in terms of the laws of Lesotho.

If you do not agree to these terms and conditions, you must leave tmglive.tv website now, as further use will automatically bound you to terms and conditions.
PREAMBLE

All journalists, contributors and commentators who submit content for tmglive.tv MUST adhere to all standards of this news website’s integrity, ethics and values consistent with any member of the media and MUST “Stick to Truth and Fair Comment”, MUST be honest, fair and courageous in gathering, reporting, interpreting and commenting on any information.

tmglive.tv news operations are based on the Trust Principle that the integrity, independence and freedom from bias of the web site must be upheld at all times. We are committed to accurate and balanced reporting. Errors of fact are always promptly corrected and clearly published.

We aim to gather accurate facts and report unquestionable truth at all times. We shall in all situations avoid use of emotive terms. The only exception is when we are quoting someone directly or indirect speeches. Writers shall always ensure that their copy is accurate before submitting it for publishing.

We take the side of the TRUTH at the time of publishing, but shall always attempt to reflect in our stories and pictures the views of all sides in our pursuit for TRUTH. We are not in the business of glorifying one side or another or of disseminating propaganda.

DEFINITIONS AND INTERPRETATION

a.     References herein to the tmglive.tv web site or content shall include any part thereof;
b.     References herein to User(s) means any person who accesses the tmglive.tv web site, notwithstanding the fact that such a person only visited the home page of the tmglive.tv web site;
c.     References herein to the singular include the plural and vice versa; and
d.     Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the validity and interpretation of these terms and conditions.

1.     GENERAL

1.1     tmglive.tv, the Lesotho’s online news service, provides groundbreaking news around the clock. With an emphasis on Lesotho, tmglive.tv provides comprehensive English and Sesotho coverage of general news, business, sport, entertainment and other major interest areas. In addition to high-quality news, tmglive.tv provides a range of additional interactive services.
1.2    tmglive.tv relies on its reporters, stringers and members of the public for content. Other information providers are authoritative voices in all spheres of life.

2.     ALLOWED USE AND LICENSE

2.1.    tmglive.tv licenses the User to view, copy, download and print the content of the tmglive.tv web site, provided that:
2.1.1     such content is used for personal, educational and/or non-commercial purposes only; and
2.1.2     Content from the tmglive.tv web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of tmglive.tv.
2.3     Users may only access and use the tmglive.tv web site for legal purposes.
2.4     Use of content from the tmglive.tv web site in electronic clipping services or personalized news services shall only be allowed if such electronic clipping service or personalized news service:
2.4.1     does not copy or provide the whole article, as it appears on the tmglive.tv web site, but only provide a short summary of the contents of the article;
2.4.2     acknowledges tmglive.tv as the source of the content;
2.4.3     provides a correct and working hyperlink to the source of the content or article on the tmglive.tv web site;
2.4.4     acknowledges writers, journalists, photographers, cartoonists and third party agencies as they are acknowledged on the tmglive.tv web site; and
2.4.5     includes the date upon which the content was sourced from the tmglive.tv web site in the summary of the content.
2.5     The caching of the tmglive.tv web site shall only be allowed if:
2.5.1     The purpose of the caching is to make the onward transmission of the content from the tmglive.tv web site more efficient;
2.5.2     The cached content is not modified in any manner whatsoever;
2.5.3     The cached content is updated at least every 12 (twelve) hours; and
2.5.4     The cached content is removed or updated when so required by tmglive.tv.
2.6     If any person uses content from the tmglive.tv web site in breach of the provisions detailed herein:
2.6.1    tmglive.tv reserves the right to claim damages from such person; and
2.6.2    tmglive.tv shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party.
2.7     Hyperlinks to the tmglive.tv web site from any other source shall be directed at the home page of the tmglive.tv web site. tmglive.tv shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the tmglive.tv web site, if such content was accessed through a hyperlink not directed at the home page of the tmglive.tv web site. Persons that wish to link to content beyond the home page of the tmglive.tv web site shall do so at their own risk and undertake to indemnify tmglive.tv against any loss, liability or damage that may result from content on the tmglive.tv web site, if such content was accessed through a hyperlink not directed at the home page of the tmglive.tv web site.

tmglive.tv’ non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.8     Users may quote small and reasonable amounts of content available from the tmglive.tv web site only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote.
2.9     No person may frame the tmglive.tv web site, in any manner, without the prior written consent of tmglive.tv.
2.10     Apart from bona-fide search engine operators and use of the search facility provided on the tmglive.tv web site by users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the tmglive.tv web site for any purposes, without the prior written consent of tmglive.tv.
2.11     All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by tmglive.tv at any time without giving reasons therefore.

3.     INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

3.1     All intellectual property on the tmglive.tv web site, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to tmglive.tv and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed in clause 2, all other rights to intellectual property on the tmglive.tv web site are expressly reserved.
3.2     “tmglive.tv” is a registered trademark and Users agree not to use the tmglive.tv trademark or the “TMG Live.” mark or the sign or symbol accompanying tmglive.tv as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to tmglive.tv at the cost of the User.

4.     SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and account to access the Internet and the tmglive.tv web site.
4.1     The full name and legal status of the web site owner: tmglive.tv, a division of Thabure Media Group.

5.     PRIVACY

5.1    tmglive.tv shall take all reasonable steps to protect the personal information of users.
5.2    tmglive.tv may electronically collect, store and use the following personal information of Users:
5.2.1     name and surname;
5.2.2     birth date;
5.2.3     gender;
5.2.4     country of residence;
5.2.5     closest city;
5.2.6     non-personal browsing habits and click patterns;
5.2.7     e-mail address; and
5.2.8     IP address.
5.3    tmglive.tv collects, stores and uses the abovementioned information for the following purposes:
5.3.1     to greet the User when he/she accesses the tmglive.tv web site;
5.3.2     subject to the User’s consent, inform the User of facts relating to his/her access and use of the tmglive.tv web site;
5.3.3     subject to the User’s consent, inform the User about competitions and special offers from tmglive.tv and/or its partners / affiliates;
5.3.4     to provide the User with targeted advertising when he/she accesses the tmglive.tv web site or the web sites of tmglive.tv partners / affiliates; and
5.3.5     to compile non-personal statistical information about browsing habits, click-patterns and access to the tmglive.tv web site.
5.4     Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
5.5     The User may elect not to receive any communications from tmglive.tv and/or its partners / affiliates.
5.6    tmglive.tv may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
5.6.1    tmglive.tv shall not disclose personal information from Users unless the User consents thereto;
5.6.2    tmglive.tv shall disclose information without the User’s consent only through due legal process; and
5.6.3    tmglive.tv may compile, use and share any information that does not relate to any specific individual.
5.7    tmglive.tv owns and retains all rights to non-personal statistical information collected and compiled by tmglive.tv.

6.     HYPERLINKS TO THIRD PARTY SITES

tmglive.tv may provide hyperlinks to web sites not controlled by tmglive.tv or Thabure Media Group (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. tmglive.tv does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

7.     SECURITY

7.1    tmglive.tv shall take all reasonable steps to secure the content of the tmglive.tv web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, tmglive.tv does not make any warranties or representations that content shall be 100% safe and secure.
7.2    tmglive.tv is under no legal duty to encrypt any content or communications from and to the tmglive.tv web site and is also under no legal duty to provide digital authentication of any page on the tmglive.tv web site.
7.3     Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the tmglive.tv web site or the server and computer network that support the tmglive.tv web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the tmglive.tv web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold tmglive.tv harmless against any and all liability, damages and losses tmglive.tv and its partners / affiliates may suffer as a result of such damaging code.

7.4     The tmglive.tv web site is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with tmglive.tv, that the content and services available from and through the tmglive.tv web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
7.5     Information, ideas and opinions expressed on the tmglive.tv web site should not be regarded as professional advice or the official opinion of tmglive.tv and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the tmglive.tv web site.
7.6     This web site is directed primarily at Users in Lesotho and therefore tmglive.tv shall not, as far as allowed by Lesotho law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of Lesotho.
7.7    tmglive.tv sources content from various third parties e.g. newspapers, news agencies, organizations, freelance journalists and members of the public, and does not editorially control the content provided by such third parties and tmglive.tv only serves as an electronic distribution platform for such third party content. Therefore tmglive.tv shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the tmglive.tv web site not created by tmglive.tv or its employees.
7.8    tmglive.tv does not make any warranties or representation that content and services available from the tmglive.tv web site will in all cases be true, correct or free from any errors. tmglive.tv shall take all reasonable steps to ensure the quality and accuracy of content available from the tmglive.tv web site.
7.9    tmglive.tv does not make any warranties or representations that the tmglive.tv web site will be available at all times. Users acknowledge that the tmglive.tv web site may be unavailable due to updates or other causes beyond the reasonable control of tmglive.tv, including, but not limited to virus infection, power failure or other “acts of God”.

8.     REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the tmglive.tv web site to tmglive.tv and tmglive.tv undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

9.     POSTINGS

These Terms and Conditions of Use constitute the entire agreement between tmglive.tv and you, the user of this website. Any failure by tmglive.tv to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
9.1     Users may post their personal opinions, messages and ideas to the tmglive.tv web site and discussion forums available on the tmglive.tv web site.
9.2     Users undertake not to post content to the tmglive.tv web site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and tmglive.tv reserves the right to remove such content in terms of clause 8 above.
9.3    tmglive.tv does not editorially control, filter or read User postings and shall not be liable, in any manner whatsoever, for such User postings.
9.4     The User indemnifies and holds tmglive.tv harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the tmglive.tv web site.

10. THE USER AND tmglive.tv AGREE THAT:

10.1     the User shall be bound to these terms and conditions and such agreement is concluded in Lesotho at the time the User enters the tmglive.tv web site for the first time or immediately after the User.
10.2     electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and tmglive.tv; and

11.     APPLICABLE AND GOVERNING LAW

The tmglive.tv web site is hosted, controlled and operated from Lesotho and therefore the Lesotho law enforced by the Lesotho courts governs the use or inability to use the tmglive.tv web site, its content, services and these terms and conditions.

12.     LEGAL COSTS

tmglive.tv shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

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