General terms and conditions of service for the Embrace Radio website
If you do not agree to these terms, please do not use this website.
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1. Introduction and About Us
This website is owned and operated by Creativity Media Services Limited, a company registered in England and Wales under the number 09990599 with its registered office at 2 Wilmington Walk, Corby, Northamptonshire NN18 0JR.
2. Access to this website
Access to this website is permitted on a temporary basis and Creativity Media Services Limited reserves the right to withdraw this website (in whole or in part) or amend any part of it (including but not limited to content and materials on this website and any services made available through it).
Creativity Media Services Limited shall not be liable if for any reason this website is unavailable at any time or for any period.
You may only use this website for lawful purposes.
You must not use this website:-
1) in any way that breaches any applicable local, national or international law or regulation;
2) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
3) for the purpose of harming or attempting to harm minors in any way; or
5) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ("Spam").
You are responsible for making any arrangements necessary for you to have access to this website. You are also responsible for ensuring that any persons who access this website through your internet connection are aware of these terms and comply with them.
3. Use of content and linking to this website
All content and material on this website belongs to Creativity Media Services Limited, or its licensors, and save where otherwise specified users should assume that all content is owned by Creativity Media Services Limited. The content is protected by copyright laws around the world. Unless expressly stated, no content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, and may only be used for your personal, non-commercial use. Modification of the content or other prohibited use of the content is a violation of Creativity Media Services Limited's copyright and other proprietary rights. All trademarks, service marks and trade names on this website are proprietary to Creativity Media Services Limited or its licensors.
In particular, but without limiting the above restrictions, you may not do any of the following without prior written permission from Creativity Media Services Limited:-
1) redistribute any of the content (including by using it as part of any library, archive or similar service);
2) remove any copyright or trade mark notice from the content; or
3) create a database in electronic or structured manual form by downloading and storing all or any of the content.
You may not create any link from or to this website without Creativity Media Services Limited's prior written consent. Please contact us if you wish to request permission to link to this website.
4. Reporting offensive/illegal content
Creativity Media Services Limited does not wish to see harmful, offensive or illegal content on this website. If you have any concerns about any content that appears on this website or you believe that such content is harmful, offensive or infringes your rights (including without limitation your intellectual property rights), please contact us at our contact us page with the following information in sufficient detail:-
1) the location of the harmful/infringing/offensive content on our website;
2) a brief description of why you consider the content to be harmful, offensive or infringing and a statement confirming that you have a reasonable and honestly held belief that use of the content is not authorised;
3) a brief description of, and information related to, the copyright work which you believe is infringed; and
4) your contact details.
We will remove any and all content (without prior notice to you) if we reasonably believe such content to be in breach of these terms.
5. News by E-Mail
Creativity Media Services Limited may give you the option to subscribe to its e-mail news service. Your use of any information received through the e-mail news service will be subject to these terms.
6. Viruses, hacking and other offences
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, or the server on which our website is stored or any server, computer or database connected to or on our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
We advise all parents to speak to their children regarding safety online.
8. Third Party website - software and java security
This website contains links to other websites provided by independent third parties ("Third Party website"), either directly or through frames. Where possible, Creativity Media Services Limited will make clear such links are being made, although Third Party website may be co-branded with Creativity Media Services Limited and so include Creativity Media Services Limited's trademarks. Creativity Media Services Limited is not responsible for the availability or content of Third Party websites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party websites. In particular, if you use links from this website to an authorised connected website not operated by Creativity Media Services Limited to download software from this website or any other material, files, images or data, you acknowledge and agree that Creativity Media Services Limited has no responsibility or liability in connection therewith, and does not transfer title to you.
9. Limitation of Liability
The content is for your general information and use only and is not intended to address your particular requirements. Whilst Creativity Media Services Limited aims to update this website regularly, any of the content may be out of date and Creativity Media Services Limited assumes no responsibility for updating this. In particular, the content does not constitute any form of advice, recommendation or arrangement by Creativity Media Services Limited and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. Creativity Media Services Limited therefore disclaims all liability and responsibility arising from:
1) any reliance placed on content by any visitor to the website or by anyone who may be informed of such; and
2) any arrangements made between you and any third party named on the website which are at your sole risk and responsibility.
Because of the number of sources from which Creativity Media Services Limited obtains content and the nature of electronic distribution via the internet, Creativity Media Services Limited does not give any warranties in respect of this website. In particular, the content is provided on an "as is" basis. To the extent allowed by applicable law, Creativity Media Services Limited hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, Creativity Media Services Limited makes no warranty that the content is free from infection by viruses or anything else that has contaminating or destructive properties.
To the fullest extent allowed by applicable law, you agree that Creativity Media Services Limited will not be liable to you and/or any third party for:
1) any consequential or incidental damages;
2) loss of business;
3) loss of income or revenue;
4) lost profits or contracts;
5) loss of data;
6) loss of privacy;
7) loss of goodwill;
8) failure to meet any duty including but not limited to any duty of good faith; or
9) for any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of this website or the content or any breach of these terms by Creativity Media Services Limited, even if Creativity Media Services Limited has been advised of the possibility of such damages.
Notwithstanding the provisions of this section, Creativity Media Services Limited's liabilities will not be limited in the case of death or personal injury directly caused by Creativity Media Services Limited's negligence, for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or limited by law.
11. Changes to these terms
Creativity Media Services Limited reserves the right, at its discretion, to make changes to any part of this website or these terms. When these terms are changed, Creativity Media Services Limited will publish details of the new terms as updated from time to time. You are therefore advised to review these terms regularly to ensure that you are aware of any changes we make. By continuing to use this website, you are agreeing now to be bound by those changes and revised terms.
12. Advertising and sponsorship
Part of this website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website complies with applicable law and regulation. Creativity Media Services Limited will not be responsible for any error or inaccuracy in advertising material.
13. Choice of law & jurisdiction
These terms shall be governed by, and construed in accordance with, English Law. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
14. Third Party Copyright
Some of the content used on this website (such as, but not limited to, images and/or audio-visual material) are copyrighted works which belong to and are supplied by third parties (including but not limited to Radio News Hub, who reserve all their rights in such content. All such third parties shall be entitled to enter the benefit of these terms in respect of their content as if they were "Creativity Media Services Limited" herein and shall be bound accordingly.
You may not assign, sub-license or otherwise transfer any of the rights under these terms. If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.