Terms and Conditions of Use

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I. Preamble

The Terms of Use of the Website represent a document that produces legal effects and governs the relationship between Five FM and visitors.

The use of the Website or any part of its content is permitted exclusively if visitors accept the Terms of Use, as well as any other notices that Five FM may display on the Website.

Any visitor, by accessing, downloading, or otherwise using the Website or any part of its content, gives their unequivocal and irrevocable consent to the Terms of Use, as well as to any other notices displayed by Five FM on the Website.

If any visitor does not accept and/or does not comply with the above provisions, they will not be permitted to access and/or use the Website.

Five FM reserves the unilateral and discretionary right to modify and/or supplement any terms of the Terms of Use, without prior notice to visitors and without the obligation to obtain their prior consent, and without being held liable for such changes. Any changes to the Terms of Use shall enter into force upon publication on the Website.

The acceptance to periodically review the Terms of Use, as well as the continued use of the Website after any modifications, represents the visitor’s unequivocal and irrevocable acknowledgment and acceptance of the Terms of Use in force at the time of access.

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II. Disclaimer

The Website and all information contained, downloaded, or accessed from it are provided by Five FM “as is”, without any warranties of any kind.

Five FM shall not be responsible for any problems or malfunctions of networks, telephone lines, online systems, servers, internet providers, equipment, computers, software, or any other elements that may cause damage to visitors’ personal computers as a result of using the Website.

Five FM reserves the unilateral and discretionary right, at any time, without prior notice or consent:
a) to modify the Website or parts of it;
b) to restrict access to the Website or parts of it;
c) to temporarily or permanently suspend the Website or any part of it.

Visitors acknowledge and agree that they use the Website at their own risk. Under no circumstances shall Five FM be liable for any damages of any kind resulting from or related to the use of the Website.

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III. Restriction and Privacy Policies

Visitors acknowledge and irrevocably accept the terms of the Website’s restriction and privacy policies as follows:

Confidentiality of Internet Transmissions

The transmission of data, information, or materials (including email messages) over the internet or other publicly accessible networks is not secure and may be lost, intercepted, or altered during transfer.

Therefore, Five FM assumes no responsibility for any losses or costs that may arise from transmitting data over the internet or other public networks. However, Five FM will make reasonable efforts and incur reasonable commercial expenses to protect the information communicated by visitors.

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IV. User Conduct and Obligations

Visitors acknowledge and agree to comply with the following rules:

• They will not upload, post, or transmit information that violates Romanian law, including but not limited to discriminatory, racist, threatening, obscene, defamatory, or offensive content.
• They will not upload audio/video materials for which they do not hold copyright or related rights, as regulated by Law no. 8/1996.
• They are responsible for proving their rights and covering any obligations toward third parties if claims arise.
• They will not infringe intellectual property, privacy, publicity, or other rights of any third party.
• They will not upload viruses, trojans, scripts, or similar programs.
• They will not interfere with or attempt unauthorized access to the Website.
• They will not provide false identity information.
• They will not send spam, chain messages, or unsolicited communications.
• They will not collect data about other users without consent.
• They will not redistribute Website content without prior written consent from Five FM.
• They will not use the name, brand, or image of Five FM without permission.

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V. Processing of Personal Data

Five FM undertakes to maintain confidentiality of personal data of contest participants/winners and to use it only for the purposes specified.

Participants have the following rights under Law 677/2001:

• Right to information
• Right of access
• Right to intervention
• Right to object
• Right not to be subject to individual decisions
• Right to legal action

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VI. Copyright

Participants transfer to Five FM, unconditionally and exclusively, all economic copyright rights for uploaded materials, for the maximum legal duration.

These rights include:

• Use and distribution decisions
• Reproduction rights
• Broadcasting and public communication
• Secondary broadcasting
• Public availability access
• Creation of derivative works

Definitions:

• Reproduction = making copies in any form
• Broadcasting = transmission via radio, satellite, cable, etc.
• Public communication = any public display or sharing
• Secondary broadcasting = rebroadcasting
• Derivative works = adaptations or transformations

Five FM may use materials entirely or partially, including for promotional purposes.

Compensation is represented by the chance to win contests.

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VIII. User Liability

Five FM and its affiliates are not liable for any losses, claims, or damages caused by visitors.

Visitors are solely responsible for:

• Violating rights of others
• Breaching Terms of Use
• Breaking applicable laws

They are required to compensate Five FM and/or third parties for damages caused.

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IX. External Websites, Products, and Services

Visitors may access third-party links at their own discretion.

Five FM does not:

• Endorse third-party websites
• Control their content or policies
• Guarantee their services or products

Use of third-party services is entirely at the visitor’s own risk.

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X. Intellectual Property Rights

Five FM respects intellectual property laws.

If any content violates copyright, affected persons must send a notice including:

• Name of the claimant
• Contact details
• Signature
• Proof of authorization
• Identification of the infringed content
• Statement of accuracy

All notices must be sent to: admin@5fm.ro
All correspondence must be in Romanian.

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XI. General Provisions

If any provision is declared invalid, the remaining provisions remain in force.

No provision may be circumvented.

The Terms are drafted in Romanian. In case of discrepancies, the Romanian version prevails.

These Terms are governed by Romanian law.

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XII. Contact

For any questions regarding the Website or these Terms, please contact:
admin@5fm.ro