Legal Stuff

This is somewhat boring but very important.

Website Terms of Use

IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THIS WEBSITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

You can find our privacy policy here.

Welcome to our website (the "Website"). The Website is operated by Absolute Radio Ltd at 1 Lincoln Court, Lincoln Road, Peterborough, PE1 2RF (referred to as "we" and "us") and our group companies ("Group Companies").
Your access to and use of the Website is subject to these terms, our Privacy Policy and any other terms contained on the Website ('Terms of Use'). Every time you go to the Website, you agree to access and use the Website, and the material on the Website, excluding Messages, as defined below ('Material'), in accordance with these Terms of Use. The Terms of Use are a legally binding agreement between you and us.

If these Terms of Use are not accepted in full, you do not have permission to access the Website and the Material, and therefore your access to the Website should cease immediately. Use of the Website constitutes your acceptance of these Terms of Use, and they apply from the time of your first use of the Website.

  1. Changes to the Terms of Use
    From time to time, we may need to change these Terms of Use to reflect our changing business. We reserve the right to change these Terms of Use and at any time by posting the changed Terms of Use on the Website, and by posting a notice to users on our homepage stating that a change has occurred. It shall be your responsibility to check regularly to ensure that you agree to any such amendments. If you do not agree to any changes that we have made, you should stop accessing the Website immediately.
  2. Under 18s
    If you are under 18 years of age, you must obtain a parent or guardian's consent before accessing or using the Website.
  3. Use of the Website
    You undertake and warrant to us:
    1. not to use, attempt to use or permit another person to use the Website to send, post, communicate or transmit:
      1. any information or material which infringes a third party's rights (including intellectual property rights), or which is obscene, indecent, inflammatory, pornographic, defamatory, illegal, misleading or deceptive;
      2. any material which, in our sole opinion, is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety to any person;
      3. any material for the purposes of publicity, promotion and/or advertising on behalf of yourself or anyone else; or
      4. commercial, unsolicited or bulk electronic messages to anyone.
    2. use another person's name, username or password on the Website or to access any content on the Website.
    3. not knowingly transmit any virus, worm, trojan horse or other disabling feature to or via the Website, nor make any use of the Website so that the Website is interrupted, damaged, rendered less efficient, or the functionality of the Website is in any way impaired.
    4. not to create HTTP links from the Website to any other web site on the Internet.
    5. not to tamper with, hinder the operation of, or make unauthorised modifications to the Website or any content on the Website.
    6. store in any electronic or other medium, publish, display, distribute, communicate to the public, change, modify, adapt, manipulate, reverse engineer, decompile, distort or enhance any of the Material, content or information on the Website.
    7. not to use the Website in a manner which, in our sole opinion, amounts to a violation or infringement of the rights of any person, firm or company (including but not limited to rights of copyright, confidentiality or privacy).
  4. Downloaded Material
    Unless expressly stated otherwise on the Website, you may download the content and information on the Website onto your personal computer, but only to the extent necessary to allow you to view that content and information. You may also print hard copies of that content and information, but only for your own personal use and reference. You must not reproduce or permanently store any content or information in any medium or form whatsoever. Any Material, which is downloadable, is carefully checked for viruses before being uploaded onto the Website. However we recommend that, as an extra precaution you run your own virus check on any Material you download by opening it and/or saving it to your disk or hard drive. No part of the Website may be used to construct a database of any kind, nor may the Website or any part of it be stored in databases for access by you or any person, unless you or such other person, have obtained our prior written consent.
  5. Posting to our Website
    You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Website) (collectively "Messages") to our bulletin boards, chat rooms or other designated public areas within, or in connection with, this Website (collectively "Forums"), subject to you agreeing to these Terms of Use. Persons under the age of 18 are not authorized to post Messages or participate in Forums on this Website. In submitting Messages to Forums, you agree:
    1. to strictly limit yourself to discussions about the subject matter for which the Forums are intended.
    2. to permit any other user of this Website to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Website by any other person
    3. not to submit Messages to Forums that:
      1. are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offence, gives rise to civil liability or otherwise violates any law;
      2. violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you warrant to us that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner
      3. improperly assume or claim the identity, characteristics or qualifications of another person;
      4. contain any virus or other harmful component;
      5. are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
      6. are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
    4. no compensation will be payable to you for your Message(s) or any use of your Message(s) by us.
    You retain all copyright in the Messages that you post to our Website. On posting any Messages, you grant to us a non-exclusive, royalty free, transferable, worldwide licence to use, copy, adapt, modify, sublicense, transmit, distribute, publicly perform, publish or display the Message or any part thereof as we see fit. We may also, at any time and at our sole discretion delete your Message(s) at any time without notice to you.

    Messages submitted to Forums are not necessarily reviewed or monitored by us prior to posting and do not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials posted by other users to the Forums.

    If at any time we choose, in our sole discretion, to monitor the Forums, we nonetheless assume no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user posting any Message. Nonetheless, we reserve the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

    You agree to release us, our Group Companies, our respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
  6. Competitions
    If you enter a competition with us or one of our partners or sponsors through this Website or otherwise, then such competition will be governed by our competition rules. You may review our competition rules on our website.
  7. Trade Marks, Copyright and other Intellectual Property Rights
    The Website, including (but not limited to), any trade marks used on the Website, the design of the Website, music, ringtones, theme tunes artwork, data, frames, graphics, illustrations, logos, names, pages, photographs, service marks, software, sound, source codes, text, trade marks, video, and other material (including the Material, but excluding Messages) is protected by copyright and/or other proprietary rights (the "Intellectual Property Rights"). All Intellectual Property Rights are owned by and remain with us, our Group Companies or our licensors, For this reason, you must not do anything with the Website or anything on the Website (including trade marks and content) that is not expressly authorised by these Terms of Use. Importantly, you must not use or apply any of our trade marks without our consent. Our trade marks include our name, our logos, our slogans and the names of our competitions.
  8. Links to other Websites
    Links are only permitted to HTML pages on the Website. You must not make the Website or any part of it available as part of another website, whether by hyperlink framing on the Internet or otherwise. You must not make the Website or any part of it appear on any other website as having a special relationship with that or any other website(s). The Website contains links (the "Links") to websites operated by parties other than us ("Third Party Websites"). We do not control Third Party Websites, and are not responsible for their content. The inclusion of the Links does not imply any endorsement of the material on Third Party Websites, or any association with their operators. You are solely responsible for evaluating the integrity of the operators of any Third Party Websites; the accuracy and completeness of any information contained on them, and the value and authenticity of any goods or services offered through them.
  9. Right of Automatic Suspension
    We shall have the right to immediately suspend your access to the Website if you commit a breach of these Terms of Use, and the right to remove any material that we, at our sole discretion, consider to be defamatory, or otherwise in breach of any of the above warranties.
  10. No Warranty
    The Website and the Material are provided to you on an "as is" and "as available" basis without any representation, endorsement or warranty of any kind, express or implied (by law or otherwise). Specifically, we do not warrant: (1) that any functions on the Website will be uninterrupted or error free; (2) that any errors which may occur will be corrected; (3) that the Website or the server that makes it available, are free from bugs, defects or viruses; or (4) the accuracy of the Material. You are using the Website and the Material at your own risk.
  11. Liability
    In no event shall we be liable for any loss or damage, howsoever arising, out of or in connection with your use of the Website or the Material, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, loss arising from use or inability to use, loss arising from any errors or omissions in the Material or in the Website as a result of breach of contract, negligence, delict or tort.
  12. Indemnity
    You will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms of Use or any use of the Material or the Website.
  13. Exclusion of Liability in Relation to Third Party Websites
    We accept no liability with respect to any of the products, information, material or services offered or provided by any persons or other organisations listed on, or linked to, the Website, nor do we endorse any of them or any of their products or services unless otherwise stated. Should you decide to contract with any such person or organisation, the contract will be directly between you and that other party. We will have no contractual involvement, and will not be liable to you in contract or otherwise for any losses or damages that you suffer in relation to and as a result of products, information, materials or services provided to you by any of these organisations.
  14. Severability
    If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that Term or Condition is found to be illegal, invalid or unenforceable, it shall be severed and deleted and the remainder of the Terms of Use shall survive, remain in full force and effect, and shall continue to be binding and enforceable.
  15. Privacy
    If we gather any information about you then such information will be gathered and used by us in accordance with our Privacy Policy. You may review our Privacy Policy on our website.
  16. Waiver
    No waiver by us of any breach by you of any of these Terms of Use shall constitute a waiver of any other breach, and no failure to exercise or partial exercise by us of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy in part or in full.
  17. Law and Jurisdiction
    These Terms of Use shall be governed by and construed in accordance with English law. All disputes arising from them shall be submitted to the exclusive jurisdiction of the English courts.
If you have any queries about these Terms of Use, you may contact us by writing to Digital Media, Absolute Radio, No.1 Golden Square, London W1F 9DJ.

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