These Terms and Conditions shall apply to Your use of the Website located at www.trend.media .
We operate this Site to provide online access to information about Trend and the products, services and opportunities we provide (“Service(s)”). By using the Site You agree to be bound by the Terms and Conditions which shall form a legal agreement between Us and You. If You do not agree to be bound by these Terms and Conditions, You may not use the Site.
Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms and Conditions, govern Your use of those areas, content or transactions.
- DEFINITIONS
“Content” means any and all of the content and material comprising the Site including without limitation all text, graphics, photographs, audio and video. “Terms and Conditions” means these terms and conditions of use. “User Information” means the personal details which may be provided by You to Us via the Site. “Users” means the users of the Site collectively and/or individually as the context admits. “We/Us/Our” means Trend Media Group. “Site” shall have the meaning as set out above. “Website” means a site on the World Wide Web. “You/Your” means You, the user.
- ACCEPTABLE USE OF THE SITE
2.1 We insist that any use by You of the Site shall be in accordance with the following conditions:
2.1.1 You must not post onto or otherwise make available on the Site any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which does not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other Users with respect.
2.1.2 You shall not post onto or otherwise make available on the Site any material which You do not own without the express permission of the owner of the material.
2.1.3 You may not copy, download, reproduce, republish, broadcast, transmit in any manner whatsoever, any Content except as is strictly necessary for Your own personal non-commercial use.
2.1.4 We cannot and do not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
2.1.5 Any software available for download via the Site is copyrighted work vested in Us or our licensors use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing and/or using any such software indicates Your acceptance the terms of the end user license agreement.
2.2 You shall be responsible for ensuring that You have in place at all times the equipment required to obtain access to this Website and that you pay all necessary access and usage fees.
2.3 When accessing and using this Website You shall comply with all applicable laws and regulations in the country from which You access the Website.
- THIRD PARTY WEBSITES
3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Site, and do not endorse and are not responsible or liable for any content, advertising, products or services on or available from such Websites or material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from such Websites or material.
3.2 Any dealings between You and any advertisers or third party merchants found on or via the Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between You and the relevant advertiser or merchant. You agree not to hold Us liable for any loss or damage of any kind incurred as the result of any such dealings.
- INTELLECTUAL PROPERTY
4.1 All copyright, trade marks and all other intellectual property rights in all Content shall remain at all times vested in Us or Our licensors. You are permitted to use this Content only as expressly authorised in writing by Us or Our licensors or in accordance with the Terms and Conditions and You may not and You agree not to assist or facilitate any third party to copy, reproduce, repurpose, transmit, distribute, commercially exploit or create derivative works of such Content.
4.2 If You become aware of any such distribution or commercial exploitation of the Content, You agree to notify Us immediately.
4.3 You acknowledge that by You posting materials on the Site You grant to Us and Our licensors and assigns an irrevocable, perpetual royalty free worldwide licence to use such materials within the Site and in any other manner. The licence extends to copying, distributing, broadcasting, repurposing and otherwise transmitting, and adapting and editing the materials.
- OUR RESPONSIBILITY/LIABILITY
5.1 Content which is posted on any bulletin boards or chat forums is written or produced by Users and We are not responsible for and give no endorsement of such Content. We reserve the right to monitor the contributions and may respond to or comment upon communications by You and edit, refuse to post or remove any Content from the bulletin boards and chat forums in Our absolute discretion. No failure to remove particular Content constitutes an endorsement or acceptance of it by Us.
5.2 To the extent permitted by law, We make no warranties, representations or endorsements whatsoever express or implied, as to the Content or the accuracy, timing or reliability of any information or statements contained therein, or statements, advice and opinions given by Users on the bulletin boards and chat forums which are those of such Users only. We neither endorse nor shall be held responsible for the reliability or accuracy of the same and We are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided on the Site. If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us. We expressly disclaim all warranties of any kind, express, implied, statutory or otherwise, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Site, Content and any Service furnished or to be furnished via the Site. We do not warrant that the functions performed by the Site or Services will be uninterrupted, timely, secure or error-free, or that defects in the Site or Services will be corrected. The Site, service and Content are provided on an “as is” and “as available” basis.
5.3 We will endeavour to provide the Site using all reasonable care. To the extent permitted by law, We exclude all implied warranties as to quality, accuracy or fitness of the Content and We do not warrant that the Content, any of the functions contained in the Site and the server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
5.4 We reserve the right, at any time, to modify, alter, or update these Terms and Conditions without giving You prior notice, and You agree to be bound by any such modifications, alterations or updates which are posted on the Site.
5.5 We shall not be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with Your use of the Site, whether direct or indirect, including, damage to software or hardware, damage for loss of business, loss of profits, or any other consequential loss. Nothing in these terms or conditions shall exclude or limit Our liability for death or personal injury resulting from the negligence of Us, our servants, agents or employees. If this clause is unenforceable in whole or in part then our total liability to You for all damages, losses, claims and expenses shall be no greater than the amount paid by you, if any, for accessing this Website.
5.6 In no event will We be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or their indirect damages arising out of (i) the use or inability to use the Site, the Service, or Content; (ii) any transaction conducted through or facilitated by the Site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the Service and/or the content. (iv) unauthorized access to or alteration of Your transmissions or data; or (v) any other matter relating to the Site, the Service or the Content, or with these terms and conditions
- PRIVACY
6.1 We endeavour to collect and use your personal information only with your knowledge and consent and typically when you use services, make customer enquiries, register for information or other services, or when you respond to communications from us (such as questionnaires or surveys).
6.2 The type of personal information we may collect could include, for example, your name and postal address, date of birth, gender, telephone and fax numbers, email address, and lifestyle and other information collected on registration or through surveys. If you choose to provide us with personal information it will be used in support of the intended purposes stated at the time at which it was collected, and subject to any preferences indicated to you. You acknowledge that by providing data to us, you consent to the processing of your data in accordance with our Privacy Policy.
6.3 Please be aware that communications over the Internet, such as emails/webmails, are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the World Wide Web/Intranet. Trend Media Group cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
6.4 We reserve the right to amend or modify this Privacy Policy Statement at any time and in response to changes in applicable data protection and privacy legislation.
- SAFETY
7.1 When using the Site, in particular any bulletin boards or chat forums, You should always take the following precautions:
7.1.1 keep Your identity private. Do not give out Your full name, postal address, telephone number, e-mail address, the name of your workplace or school or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity;
7.1.2 never get together with someone You meet online; and
7.1.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable. Instead, let us know about them by emailing us using the ‘Contact’ section of the Site.
8 INDEMNITY
You understand and agree that you are personally responsible for Your behavior on the Site. You agree to indemnify, defend and hold Us harmless, Our parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents and any third-part information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of Your use, misuse, or inability to use the Site, the Service, or the Content, or any violations by Your of these Terms and Conditions.
9 TERMINATION
We shall have the right immediately to terminate Your use of the Site if We determine in Our sole discretion that You have breached these Terms and Conditions or any other terms and conditions on the Site or have otherwise been engaged in conduct which We determine in Our sole discretion to be unacceptable.
10 FEEDBACK
Should You wish to make any comments to Us about the Site or if You have any questions relating to the same please contact Us using the ‘Contact’ section of the Site.
11 GENERAL
11.1 Invalidity etc
If any of these Terms and Conditions are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to have full force and effect.
11.2 Notices
Notices shall be sent to the e-mail address You provide us with in the case of notices sent by Us and to the relevant e-mail address as set out on this Website in the case of notices sent by You. Notices shall be deemed to have been delivered at the confirmed time of sending the e-mail.
11.3 Governing Law /Choice of Law
These Terms and Conditions, Your use of this Site and any other website of Ours are governed by the laws of Jamaica and both You and Us hereby submit to the non-exclusive jurisdiction of the Jamaican courts.
11.4 Correction of Errors and Inaccuracies
The Site or Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
11.5 Password Security
If you register to use the Site, You are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
11.6 User Supplied Information
We do not want to receive confidential information or preparatory information from You via the Site. You agree that any material information or data you transmit to Us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non-proprietary. For all Submissions, (i) you guarantee to Us that you have the legal right to post the Submission and that it will not violate any laws or the rights of any person or entity, and (ii) You give Us the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative work from the Submission, in any and all media, in any matter, in whole or in part, without any restriction or responsibilities to You.