User Terms & Conditions

Terms & Conditions for using the Zambian Watchdog Website

THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE ZAMBIAN WATCHDOG WEB SITE OR ANY PART THEREOF (THE ZAMBIAN WATCHDOG WEB SITE).

DEFINITIONS AND INTERPRETATION
a. References herein to the Zambian Watchdog web site or content shall include any part thereof;
b. References herein to User(s) means any person who access the Zambian Watchdog web site, notwithstanding the fact that such a person only visited the home page of the Zambian Watchdog web site;
c. References herein to the singular includes the plural and vice versa
1. GENERAL
1.1 The Zambian Watchdog, Zambia’s leading online news service, provides groundbreaking news on and about Zambia.
2. ALLOWED USE AND LICENSE
2.1. Zambian Watchdog licenses the User to use the content of the Zambian Watchdog web site, provided that:
2.1.1 such content is used for personal, educational and/or non-commercial purposes only; and
2.1.2 any reproduction of content from the Zambian Watchdog web site includes the following copyright notice: © Zambian Watchdog 2003. ALL RIGHTS RESERVED.
2.2 Content from the Zambian Watchdog web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of Zambian Watchdog.
2.3 Users may only access and use the Zambian Watchdog web site for legal purposes.
2.4 Use of content from the Zambian Watchdog web site in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service:
2.4.1 does not copy or provide the whole article, as it appears on the Zambian Watchdog web site, but only provide a short summary of the contents of the article;
2.4.2 acknowledges Zambian Watchdog 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 Zambian Watchdog web site;
2.4.4 acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on the Zambian Watchdog web site; and
2.4.5 includes the date upon which the content was sourced from the Zambian Watchdog web site in the summary of the content.
2.5 The caching of the Zambian Watchdog 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 Zambian Watchdog 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 Zambian Watchdog.
2.6 If any person uses content from the Zambian Watchdog web site in breach of the provisions detailed herein:
2.6.1 Zambian Watchdog reserves the right to claim damages from such person; and
2.6.2 Zambian Watchdog 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 Zambian Watchdog web site from any other source shall be directed at the home page of the Zambian Watchdog web site. Zambian Watchdog shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Zambian Watchdog web site, if such content was accessed through a hyperlink not directed at the home page of the Zambian Watchdog web site. Persons that wish to link to content beyond the home page of the Zambian Watchdog web site shall do so at their own risk and undertake to indemnify Zambian Watchdog against any loss, liability or damage that may result from content on the Zambian Watchdog web site, if such content was accessed through a hyperlink not directed at the home page of the Zambian Watchdog web site.

Zambian Watchdog’s 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 Zambian Watchdog 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 Zambian Watchdog web site, in any manner, without the prior written consent of Zambian Watchdog.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on the Zambian Watchdog 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 Zambian Watchdog web site for any purposes, without the prior written consent of Zambian Watchdog.
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 Zambian Watchdog at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the Zambian Watchdog web site, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Zambian Watchdog 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 Zambian Watchdog web site are expressly reserved.
3.2 “Zambian Watchdog” is a registered business name and Users agree not to use the Zambian Watchdog trademark 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 Zambian Watchdog Media at the cost of the User. The website or domain name of the Zambian Watchdog is www.zambianwatchdog.com
Access to the services and content available from the Zambian Watchdog web site is classified as “electronic transactions”
3.2.1 The web site addresses of the Zambian Watchdog web site is www.zambianwatchdog.com
3.2.2 Membership of self-regulatory or accreditation bodies: Zambian Watchdog is a member of the Media Ethics Council of Zambia
3.2.3 Codes of conduct to which the Zambian Watchdog web site subscribes: Zambian Watchdog’s editorial policy is aligned to practises of the constitution of the Republic of Zambia;
3.2.4 Management: The identities and contact details of the Zambian Watchdog
3.2.5 Costs: Access to content on the Zambian Watchdog web site is free to any person who subscribes to these terms and conditions. Notwithstanding the aforegoing, Zambian Watchdog may, in future, charge fees for access to the Zambian Watchdog web site;
3.2.6 User may lodge complaints concerning the Zambian Watchdog web site with Zambian Watchdog,  or the Media Ethics Council of Zambia
6. CHANGES AND AMENDMENTS
Zambian Watchdog expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the Zambian Watchdog web site;
6.3 discontinue any aspect of the Zambian Watchdog web site or service(s) available from the Zambian Watchdog web site; and/or
6.4 Change the software and hardware required to access and use the Zambian Watchdog web site.
Zambian Watchdog shall not disclose personal information from Users unless the User consents thereto;
Zambian Watchdog shall disclose information without the User’s consent only through due legal process; and
Zambian Watchdog may compile, use and share any information that does not relate to any specific individual.
8. HYPERLINKS TO THIRD PARTY SITES
Zambian Watchdog may provide hyperlinks to web sites not controlled by Zambian Watchdog and such links do not imply any endorsement, agreement on or support for the content of such target sites. Zambian Watchdog 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.
9. SECURITY
9.1 Zambian Watchdog shall take all reasonable steps to secure the content of the Zambian Watchdog web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Zambian Watchdog does not make any warranties or representations that content shall be 100% safe and secure.
9.2 Zambian Watchdog is under no legal duty to encrypt any content or communications from and to the Zambian Watchdog web site and is also under no legal duty to provide digital authentication of any page on the Zambian Watchdog web site.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Zambian Watchdog web site or the server and computer network that support the Zambian Watchdog web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Zambian Watchdog web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Zambian Watchdog harmless against any and all liability, damages and losses Zambian Watchdog and its partners / affiliates may suffer as a result of such damaging code.
10. DISCLAIMER AND LIMITATION OF LIABILITY
. 10.1 Subject to the Zambian law, the Zambian Watchdog (including its owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the Zambian Watchdog web site;
10.1.2 access to web sites linked to the Zambian Watchdog web site;
10.1.3 inability to access the Zambian Watchdog web site;
10.1.4 inability to access web sites linked to the Zambian Watchdog web site;
10.1.5 content available on the Zambian Watchdog web site;
10.1.6 services available from the Zambian Watchdog web site;
10.1.7 any other reason not directly related to Zambian Watchdog’s gross negligence.
10.2 The Zambian Watchdog 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 Zambian Watchdog, that the content and services available from and through the Zambian Watchdog web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the Zambian Watchdog web site should not be regarded as professional advice or the official opinion of Zambian Watchdog and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Zambian Watchdog web site.
10.4 This web site is directed primarily at Users in the Republic of Zambia and therefore Zambian Watchdog shall not, as far as allowed by Zambian law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of Zambia.
10.5 Zambian Watchdog sources content from various third parties e.g. newspapers, news agencies and freelance journalists and does not editorially control the content provided by such third parties and Zambian Watchdog only serves as an electronic distribution platform for such third party content. Therefore Zambian Watchdog shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the Zambian Watchdog web site not created by Zambian Watchdog or its employees.
10.6 Zambian Watchdog does not make any warranties or representation that content and services available from the Zambian Watchdog web site will in all cases be true, correct or free from any errors. Zambian Watchdog shall take all reasonable steps to ensure the quality and accuracy of content available from the Zambian Watchdog web site.
10.7 Zambian Watchdog does not make any warranties or representations that the Zambian Watchdog web site will be available at all times. Users acknowledge that the Zambian Watchdog web site may be unavailable due to updates or other causes beyond the reasonable control of Zambian Watchdog, including, but not limited to virus infection, power failure or other “acts of God”.
11. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Zambian Watchdog web site to Zambian Watchdog and Zambian Watchdog 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.
12. POSTINGS/COMMENTS
These Terms and Conditions of Use constitute the entire agreement between ZAMBIAN WATCHDOG MEDIA and you, the user of this website. Any failure by ZAMBIAN WATCHDOG™ 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.
12.1 Users may post their personal opinions, messages and ideas to the Zambian Watchdog web site and discussion forums available on the Zambian Watchdog web site.
12.2 Users undertake not to post content to the Zambian Watchdog web site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and Zambian Watchdog reserves the right to remove such content in terms of clause 11 above.
12.3 Only comments related to the article, are in English and make sense shall be allowed on the article.
12.4 The User indemnifies and holds Zambian Watchdog harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the Zambian Watchdog web site.
13 . INTERCEPTION OF COMMUNICATIONS
13.1 User agree to Zambian Watchdog’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Zambian Watchdog web site or its staff and employees.
14. . ENTIRE AGREEMENT AND SEVERABILITY
14.1 These terms and conditions constitute the entire agreement between Zambian Watchdog and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Zambian Watchdog from the User.
14.2 Any failure by Zambian Watchdog to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
14.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

COMMENTS