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General Terms of Use

FAB Radio – General Terms of Use

Here are the general terms and conditions of service for FAB Radio.

Please read this carefully. By accessing this website, you are agreeing to comply with the terms and conditions set out below (which shall include the privacy policy) (“Terms”), whether or not you register to use this Website.

If you do not agree to these Terms, please do not use this Website or register as a user.

See our Privacy Policy.

1.    Introduction and About Us

The Website is owned and operated by FAB Radio – Wolverhampton.

2.    Access to this Website

Access to this Website is permitted on a temporary basis and FAB Radio reserves the right to withdraw the Website (in whole or in part) or amend any part of them (including but not limited to content and materials on the Website and any services made available through it.

FAB Radio shall not be liable if for any reason the Website is unavailable at any time or for any period.

You may only use our Website or the software and services available through them (including but not limited to the Content and User Generated Content as defined below) (collectively, the “Site Services”) for lawful purposes.  You must not use our Website Services :-

(i)    in any way that breaches any applicable local, national or international law or regulation;
(ii)    in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
(iii)    for the purpose of harming or attempting to harm minors in any way;

You are responsible for making any arrangements necessary for you to have access to the Sites.  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 the Sites

All content and material on this Website (but for the avoidance of doubt excluding User Generated Content) (the “Content”) belongs to FAB Radio and save where otherwise specified users should assume that all Content is owned by FAB Radio. 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 FAB Radio’s copyright and other proprietary rights. All trademarks, service marks, and trade names on this Website are proprietary to FAB Radio.

In particular, but without limiting the above restrictions, you may not do any of the following without prior written permission from FAB Radio :-

(i)    redistribute any of the Content (including by using it as part of any library, archive or similar service);
(ii)    remove any copyright or trademark notice from the Content; or
(iii)    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 our Website without FAB Radio’s prior written consent.  Please contact us if you wish to request permission to link to our Website.

4.    Registration

As a user, you will be able to access material on most areas of this Website without going through the registration process.

On registration, you must provide FAB Radio with accurate, complete registration information and it is your responsibility to inform FAB Radio of any changes to that information (including, in particular, your e-mail address) by using the edit details function available on this Website with which you are registered. Each registration is for a single user only. On registration, you should choose a user name and password. You should treat your user name and password as confidential. You warrant that you will not impersonate another individual when using this Website.

FAB Radio does not permit any of the following:-

(i)    any other person sharing your user name and password; or
(ii)   access through a single name and password being made available to multiple users on a network.

You are responsible for and will be liable to FAB Radio for, all use of this Website made by you or anyone else using your user name and password (collectively, “ID”) and for preventing unauthorised use of your ID. If you believe there has been any breach of security (e.g. the disclosure, theft, or unauthorised use of your ID or any payment information), you must notify FAB Radio immediately at our contact us page.  FAB Radio will not be liable to you or any third party for unauthorised use of your ID.

If you register to use the free e-mail service on the Sites (if available), you must not use the service to send or use or re-use any material which is unlawful, threatening, abusive, libelous or indecent or which infringes the copyright or other rights of third parties or which contains any other form of illegal content.  You must not use such service or any other Website Services to send any chain e-mails or Spam.

5.    News by E-Mail

FAB Radio 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 Related Offenses

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, 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 (DOS) 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 them.

7.    Minors

We advise all parents to speak to their children regarding safety online.

8.    Third-Party Sites – software and java security

This Website contains links to other websites provided by independent third parties (“Third Party Sites”), either directly or through frames. Where possible, FAB Radio will make clear such links are being made, although Third Party Sites may be co-branded with FAB Radio and so include FAB Radio’s trademark. FAB Radio is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third-Party Sites.   In particular, if you use links from the Website to an authorised connected site not operated by FAB Radio to download software from the Website or any other material, files, images or data, you acknowledge and agree that FAB Radio has no responsibility or liability in connection therewith, and does not transfer title to you.

9.    Limitation of Liability

The Content and any User-Generated Content is for your general information and use only and is not intended to address your particular requirements. Whilst FAB Radio aims to update the Website regularly, any of the Content or where applicable, User Generated Content may be out of date and FAB Radio assumes no responsibility for updating this. In particular, the Content and any User Generated Content does not constitute any form of advice, recommendation or arrangement by FAB Radio and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. FAB Radio, therefore, disclaims all liability and responsibility arising from: (i) any reliance placed on Content or User Generated Content by any visitor to the Website or by anyone who may be informed of such; and (ii) any arrangements made between you and any third party named on the Website which is at your sole risk and responsibility.

Because of the number of sources from which FAB Radio obtains Content and User Generated Content and the nature of electronic distribution via the internet, FAB Radio does not give any warranties in respect of this Website Services.  In particular, the Website Services are provided on an “as is” basis.  To the extent allowed by applicable law, FAB Radio 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, FAB Radio makes no warranty that the Website Services are 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 FAB Radio will not be liable to you and/or any third party for (i) any consequential or incidental damages; (ii) loss of business; (iii) loss of income or revenue; (iv) lost profits or contracts; (v) loss of data; (vi) loss of privacy; (vii) loss of goodwill; (viii) failure to meet any duty including but not limited to any duty of good faith; or (vi) for any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Website Services or any breach of these Terms by FAB Radio, even if FAB Radio has been advised of the possibility of such damages. Notwithstanding the provisions of this section, FAB Radio’s liabilities will not be limited in the case of death or personal injury directly caused by FAB Radio’s negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded or limited by law.

10.    Privacy Policy

This information that you provide about yourself to FAB Radio will only be used by FAB Radio in accordance with our Privacy Statement. The Privacy Statement does not apply to Third-Party Websites.

11.    Changes to these Terms

FAB Radio reserves the right, at its discretion, to make changes to any part of this Website or these Terms. When these Terms are changed, FAB Radio 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 the Website complies with applicable law and regulation.  FAB Radio 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 that belong to and are supplied by third parties (including but not limited to Images), 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 “FAB Radio” herein and shall be bound accordingly.

15.    General

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.

© FAB Radio 2019

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