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Terms & Conditions for uploading pictures

  • By uploading, sending or submitting text, photographs, pictures, images or any other content including any graphics, video, text, files, music, sound or other content (collectively, "Content") to this website, and clicking on the "accept" button below, you are agreeing to be bound by these Content Submission Terms and Conditions, together with the Privacy Policy and the Website Terms and Conditions. If you do not agree, click on the "decline" button and do not upload, post, send or submit any Content.
  • The following conditions apply to all Content you submit to this website, www.jacarandafm.com.
  • As used in these conditions, “Jacaranda FM" "we" or "us" means Jacaranda FM, and "you" means the individual or entity submitting content to this website.
  • Eligibility
  • You may only submit Content to this website in which you own all intellectual property rights or for which you have the authorisation of the person who does own those rights.
  • Licence Grant
  • 2.1 You hereby grant to Jacaranda FM, and its affiliates, subsidiaries, assignees, licensees and legal representatives ("Affiliates"), a worldwide, non exclusive, royalty-free, irrevocable, perpetual right and licence to:
  • 2.1.1 use, reproduce, distribute, store, transmit, broadcast, publish, publicly perform and publicly display the Content, in whole or in part;
  • 2.1.2 modify, reformat, adapt, translate and create derivative works from the Content, in whole or in part; and
  • 2.2 Jacaranda FM may exercise the rights set forth in this paragraph 2:
  • 2.2.1 in any manner, and by any media and means of conveying information, whether now or hereafter known; or
  • 2.2.2 for any purpose, including but not limited to, editorial commercial, or promotional purpose.
  • 2.3 Jacaranda FM shall have the right to modify or edit the Content, provided that any modifications or alterations do not significantly or misrepresent the original content. While you retain ownership of all right, title, and interest in the Content itself, you agree that Jacaranda FM owns all right, title, and interest in any compilation, collective work or other derivative work created by Jacaranda FM using or incorporating the Content.
  • 2.4 You further irrevocably and unconditionally waive any moral rights or similar rights you have in any Content and you waive all rights to inspect and approve use of the Content.
  • Privacy
  • By submitting the Content and clicking on the "Accept" button below, you agree that:
  • 4.1 we may use information that you provide to us when you submit Content, in accordance with our Privacy Policy;
  • 4.2 Jacaranda FM may transfer and disclose this information, including personally identifiable information, to third parties in any jurisdiction for any of the purposes set forth in paragraph 2 and for the purpose of monitoring the website; and
  • 4.3 Jacaranda FM and any of its Affiliates may communicate with you by email or telephone in connection with the Content.
  • No Obligation
  • Although we have the right to use your Content as set out in paragraph 2 above, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse the Content or remove it from this or any related website at any time.
  • Representations, Warranties and Indemnities
  • 6.1 You represent and warrant to Jacaranda FM that:
  • 6.1.1 you have the right, power and authority necessary to submit Content to this website in accordance with these conditions and to grant the licences set out in paragraph 2 above;
  • 6.1.2 you will comply fully with these conditions and the Website Terms and Conditions;
  • 6.1.3 the Content submitted by you, and the exercise of the rights you grant to us, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party;
  • 6.1.4 you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display and other exploitation of the Content as permitted under these conditions.
  • 6.2 You agree to indemnify, defend and hold Jacaranda FM and its Affiliates harmless for all claims, liabilities, damages and expenses (including, without limitation, reasonable legal fees and expenses) arising from your breach of any representation or warranty set out in this paragraph 6. You agree not to hold Jacaranda FM or any of its Affiliates responsible for any liability resulting from their use of the Content in accordance with these conditions, including (without limitation) anything which might be deemed to be a misrepresentation of you, your character or person due to use the Content, or any part of the Content, as anticipated at paragraph 2.
  • Waiver
  • Jacaranda FM and its Affiliates will not be liable to you for any indirect, incidental or consequential damages, arising from breach of contract, tort or otherwise in connection with these conditions and/or the Content provided by you (including but not limited to any loss of data, business profits or goodwill) even if we have been advised of (or know or should have known of) the possibility of such damages.
  • General
  • These conditions, together with the Privacy Policy and the Website Terms and Conditions, represent the entire agreement between Jacaranda FM and you with respect to this subject matter.