TERMS OF USE, COPYRIGHT NOTICE, AND DISCLAIMER OF LIABILITY

1. Acceptance of Terms

These Terms of Use, Copyright Notice, and Disclaimer of Liability (“Terms”) govern access to and use of the website, broadcasts, streaming services, applications, social media outlets, software, content, and other digital services of Radio Kwizera FM (“Radio Kwizera”, “we”, “us”, or “our”).

By accessing or using any of our services, you agree to be bound by these Terms. If you do not agree, you must not use our services.

2. Ownership of Content and Services

Unless otherwise expressly stated in writing, all rights, title, and interest in and to the services and all content made available through them, including without limitation text, articles, headlines, scripts, broadcasts, audio, music selections where licensed, audiovisual works, video, photographs, graphics, logos, trade dress, trademarks, service marks, layout, editorial arrangement, metadata, compilations, databases, software, application features, design elements, source materials, and other intellectual property, are owned by Radio Kwizera and/or its licensors and are protected by applicable copyright, neighbouring rights, trademark, software, unfair competition, and other laws.

No transfer of ownership, title, or proprietary rights is made to you by virtue of access to or use of the services.

3. Limited License

Subject to these Terms, Radio Kwizera grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the services solely for your lawful personal, informational, and non-commercial use.

This license does not include any right to reproduce, republish, redistribute, rebroadcast, archive, commercially exploit, modify, adapt, reverse engineer, decompile, disassemble, scrape, mine, extract, frame, mirror, index, or create derivative works from any part of the services except to the extent expressly permitted by applicable law or by our prior written consent.

4. Prohibited Conduct

Without our prior written authorization, you shall not:

copy, reproduce, distribute, display, publish, transmit, communicate to the public, sell, license, syndicate, or otherwise exploit any content for commercial purposes;
rebroadcast, retransmit, restream, record for redistribution, frame, mirror, deep-link in a misleading manner, or embed our services so as to imply endorsement, affiliation, ownership, or source confusion;
use bots, spiders, crawlers, scrapers, automated scripts, data-mining tools, or similar technologies to access, index, harvest, copy, monitor, or extract content, metadata, user data, or other materials;
interfere with, disrupt, overload, damage, disable, or compromise the operation, security, integrity, or performance of the services;
upload, post, transmit, or distribute malicious code, viruses, worms, trojans, ransomware, spyware, or other harmful or unlawful material;
remove, obscure, or alter any copyright, trademark, attribution, rights-management, or proprietary notices;
circumvent or attempt to circumvent technological protection measures, authentication systems, rate limits, or access controls;
reverse engineer, disassemble, decompile, translate, modify, or otherwise attempt to derive source code, underlying ideas, structure, or algorithms from any software element of the services, except where such restriction is prohibited by mandatory law; or
use the services in any unlawful, fraudulent, defamatory, abusive, infringing, misleading, or otherwise improper manner.

5. User Content and Submissions

Where you submit comments, opinions, recordings, text, photographs, video, messages, or other materials to Radio Kwizera, you represent and warrant that:

you own or control all rights necessary to submit such material;
the material does not infringe any copyright, neighbouring right, trademark, privacy right, publicity right, confidentiality obligation, or other right of any person;
the material is not unlawful, defamatory, deceptive, abusive, obscene, malicious, or otherwise improper; and
the material does not contain any malicious code or technological feature capable of damaging or interfering with systems or data.

By submitting material for publication, airing, posting, reposting, display, review, moderation, or distribution, you grant Radio Kwizera, to the extent permitted by law and subject to any express written agreement to the contrary, a non-exclusive, worldwide, royalty-free license to use, host, reproduce, publish, display, edit, adapt for format and presentation, distribute, communicate, archive, and otherwise use such material for editorial, operational, promotional, evidential, and service-related purposes.

6. Third-Party Content and Services

The services may include third-party content, advertisements, links, embeds, plugins, or integrations. Such third-party materials are provided for convenience, audience access, or operational functionality only.

Radio Kwizera does not control and does not assume responsibility for the legality, accuracy, availability, timeliness, reliability, safety, quality, suitability, or performance of any third-party content, website, software, product, or service. Any dealings you have with third parties are solely between you and the relevant third party, unless expressly stated otherwise.

7. Editorial and Informational Nature of Content

News reports, commentary, interviews, public submissions, community notices, opinions, and other materials made available through our services are provided for general information, audience engagement, and media purposes only.

While we may take reasonable editorial steps to promote accuracy and timeliness, we do not guarantee that all content will always be complete, current, error-free, uninterrupted, suitable for your particular purpose, or free from omissions. You are responsible for independently evaluating content before relying upon it for legal, business, financial, professional, technical, health, safety, or other consequential decisions.

8. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the services and all content, software, features, functionality, broadcasts, streams, applications, and materials made available through them are provided on an “as is”, “as available”, and “with all faults” basis, without warranties, representations, conditions, or guarantees of any kind, whether express, implied, statutory, or otherwise.

Without limiting the foregoing, Radio Kwizera expressly disclaims, to the fullest extent permitted by applicable law, all implied warranties or conditions relating to merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, compatibility, availability, accuracy, quiet enjoyment, reasonable care and skill, and freedom from viruses, harmful code, defects, interruptions, downtime, or transmission errors.

Radio Kwizera does not warrant that:

the services will be continuously available, secure, timely, or error-free;
defects will be corrected;
the services or servers are free of malware or harmful components;
content will remain available or accessible at all times;
live streams, applications, or digital services will function on every device, network, browser, operating system, or jurisdiction; or
the use of the services will meet your expectations or intended purposes.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Radio Kwizera and its affiliates, officers, directors, employees, volunteers, agents, editors, contributors, contractors, licensors, service providers, and representatives shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or similar loss or damage whatsoever, including without limitation loss of revenue, profit, business, opportunity, goodwill, data, audience, reputation, savings, use, or anticipated benefit, arising out of or in connection with:

access to, use of, inability to use, or unavailability of the services;
reliance on any content, publication, broadcast, stream, communication, or material made available through the services;
errors, omissions, delays, interruptions, suspension, corruption, defects, downtime, incompatibility, or technical failure;
unauthorized access to, alteration of, or disclosure of transmissions, accounts, or data;
viruses, malware, denial-of-service events, cyberattacks, or other harmful technological events;
third-party services, products, platforms, content, advertisements, or conduct;
moderation, removal, unavailability, or alteration of any user submission or content; or
any event beyond the reasonable control of Radio Kwizera.

Where liability cannot lawfully be excluded, it shall be limited to the minimum extent permitted by applicable law.

10. Indemnity

You agree to defend, indemnify, and hold harmless Radio Kwizera and its affiliates, officers, employees, agents, contractors, licensors, and representatives from and against any and all claims, actions, proceedings, liabilities, losses, damages, judgments, penalties, costs, and expenses, including reasonable legal fees, arising out of or relating to:

your use or misuse of the services;
your breach of these Terms;
your violation of any law or regulation;
your infringement or misappropriation of any right of another person; or
any content or material you submit, upload, transmit, publish, or otherwise make available through or to the services.

11. Suspension, Restriction, and Termination

Radio Kwizera may, at any time and without prior notice, suspend, restrict, block, remove, or terminate access to all or any part of the services where reasonably necessary for security, maintenance, legal compliance, regulatory direction, technical protection, protection of rights, prevention of abuse, editorial integrity, or enforcement of these Terms.

Such action shall not create liability on the part of Radio Kwizera, except to the extent liability cannot be excluded by law.

12. Intellectual Property Complaints

If you believe that any material made available through our services infringes your copyright or other intellectual property rights, you may notify us in writing with sufficient details to permit identification of the allegedly infringing material, the rights claimed, your contact information, and the basis of your complaint.

Upon receipt of a valid complaint, we may investigate and take such action as we consider appropriate, including removal, restriction, takedown, or request for clarification.

13. Privacy

Your use of the services is also governed by the Radio Kwizera Privacy Policy and Personal Data Protection Notice, as amended from time to time.

14. Changes to These Terms

We may amend, revise, update, or replace these Terms at any time. The revised version shall take effect upon posting, publication, or other notice as specified by us, unless otherwise required by applicable law.

Your continued use of the services after such posting or notice constitutes acceptance of the revised Terms to the extent permitted by law.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United Republic of Tanzania, without prejudice to any mandatory legal rights or protections that cannot lawfully be excluded or limited.

Any dispute arising out of or in connection with these Terms or the services shall be subject to the jurisdiction of the competent courts or tribunals of Tanzania, unless applicable law requires otherwise.