2. REGISTRATION and personal data
Certain parts of our Site or Radio Player may require you to register as a member and/or to otherwise provide certain information about yourself (for example, you will often be asked to provide certain information when you enter a competition made available via this Site). When you submit such information, you agree to:
a. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being “Registration Data“).
If you register for a member account, you will only be asked to enter your details on registration (but you may be asked to give your details again when you enter a competition) and you agree to maintain up-to-date Registration Data (by sending an appropriately worded email to email@example.com) to keep it true, accurate, current and complete.
When you register for an account on our Site, you will be asked to give a unique username and/or password that gives you access to your website account. You are responsible for maintaining the confidentiality of your username and password (as applicable), and are fully responsible for all activities that occur through your website account. You agree to (a) immediately notify us if you become aware of any unauthorised use of your password or website account or any other breach of security by sending an appropriately worded email to firstname.lastname@example.org and (b) ensure that you exit your website account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
3. COMMUNITY FEATURES
Our Site may, from time to time, provide you with certain interactive community features, provided by our third party affiliate companies (such as Facebook, Disqus or Twitter, “Partners“), which enable you to upload and share comments about Content provided on our Site. Before you will be able to use these community features and upload your comments, you may need to register with one of our Partners and each time you use those community features, you will need to be logged into your account with the Partner. We will do our best to make it clear on our Site when community features are provided by our Partners and not by us.
4. Premium subscription
To sign up for the premium service will require a monthly subscription free of £3.99 (“Paid Subscription”) You may purchase a Paid Subscription through a third party such as Apple, Google or Stripe, in such cases separate terms and conditions in addition to these, may apply.
We offer one 30 days free Trial (“Free Trial”) per User account, to take this Free Trial we will require you to provide your payment details to start the Free Trial. By providing these details you agree that we may automatically begin charging you for the Paid Subscription on the first day, following the Free Trial and thereafter on a recurring monthly basis. If you wish to cancel the Paid Subscription before the end of the Free Trial you need to do it the same way that you subscribed, meaning if you signed up for the 30 days free Trial via web you need to cancel via web, and if you signed up via app you need to cancel via app.
If you have signed up for the Free Trial through a third party, you must cancel through the third party.
You can cancel your Paid For Subscription at any time. The cancellation will take effect that day after the last day of the current Paid
If you wish to cancel your Paid Subscription you need to do it the same way that you subscribed, meaning if you signed up via web you need to cancel via web, and if you signed up via app you need to cancel via app.
With premium there will be no ad-breaks, meaning you receive additional music during the ad break. However, there will still be sponsorships and competitions within Premium.
With Paid Subscription you will have access to premium across Planet Rock, Kerrang, Jazz FM, Kiss, Absolute & Scala on web, app and supported smart speakers.
On app and web premium will include radio with no ad breaks, additional radio stations and radio shows on-demand.
On Amazon Alexa devices, premium will include access to premium radio stations with no ad breaks by app to app account linking in the app you are using. This can be accessed in the setting menu by pressing the “Link account with Alexa” menu item or directly via your Amazon Alexa
On Google Home devices, premium can be streamed by Chromecast within the app
On Apple devices, premium can be streamed by Apple Airplay
With a premium you will be able to skip tracks on app and web for live radio and the additional radio stations up to 6 times per hour.
The skip function will be disabled in some shows with special programming.
5. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the content of our Site and Radio Player (including without limitation, software, graphics, text, data, images, designs, compilations, databases, targeting information, interactive features, advertisements, and the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyright material (including source and object code), and all other materials related to our Site) (the “Content“) is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. VANDUP Radio (and/or our licensors) own the Content.
Use of any automated system or software to extract Content (in whole or in part) from our Site (“screen scraping”), for commercial or non-commercial purposes, is prohibited, unless we have given our express written agreement.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
5. YOUR CONTENT
“User Content” means material (including without limitation text, images, clips, videos, comments, posts and any underlying material) uploaded, shared or submitted to our Site by any user.
With respect to User Content that you upload, share or submit to our Site, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display that content and/or to incorporate it in other works in any form or media (whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio) and you acknowledge and accept that your User Content may be used for advertising and/or sponsorship.
You shall remain the owner of the copyright in any original User Content that you upload, share or submit using our Site. You may continue to use your own User Content in any way you choose, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us under these Terms.
You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Content you upload, share or submit, even if the User Content is modified, altered or changed in a way which is not agreeable to you.
When you upload, share or submit User Content via our Site you accept that you are making your it available to the general public. This means that both non-registered and registered users may be able to view and access your User Content. Please do not upload your User Content if you do not want it to be available to the general public.
You are solely responsible for securing and backing up your content.
You warrant to us that:
iv. your User Content (in whole or in part) does not defame any third parties or infringe upon the copyright or other intellectual property rights, or rights of privacy of any third parties.
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about content uploaded by other users please contact us on email@example.com.
VANDUP Radio accepts no responsibility for any statements, material (including User Content) or other submissions placed on our Site by you or any third party user, or for any loss or damage resulting from your breach of the above Rules of Acceptable Use.
We do not monitor the submission or publication of User Content or users’ use of our Site.
We reserve the right to edit or remove any material including User Content uploaded, shared or submitted using our Site, for any reason whatsoever.
6. RULES OF ACCEPTABLE USE
Use of our Site and/or Radio Player that is inconsistent with the following Rules of Acceptable Use is strictly prohibited. By your use our Site and/or Radio Player, you are deemed to accept our Rules of Acceptable Use.
1. Key Rules
Your use of our Site and/or Radio Player is subject to the following (non-exhaustive list of) key rules. You must not:
- use our Site and/or Radio Player for any illegal or unlawful purpose (you must comply with these Terms and with all applicable laws and regulations at all times);
- use our Site and/or Radio Player for any purpose other than your own private or domestic purpose;
- use our Site to solicit information from anyone under the age of 18;
- alter, adapt, modify, copy or create a derivative work from our Content.
2. Rules for use of our Radio Player – Not to be accessed outside of the UK
Our Radio Player is strictly available for your non-commercial use in the UK only. For licensing reasons, it should only be accessed and used from your personal computer or, if you are accessing it from a handheld portable device, you should only use the functionality that enables you to pause and replay our radio simulcasts in your own home.
We reserve the right to edit or remove without notice any Content on or functionality of our Radio Player, for any reason whatsoever.
3. Rules for user content
Comments, message boards, personal profiles and any discussion forums or pages on our Site where you are capable of posting User Content are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Any use of our Site that is inconsistent with those stated purposes is strictly prohibited.
Your use of these forums is subject to the following rules which, by your use of the forums and the site, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):
You must not upload, share or submit any User Content that
- includes obscene or offensive language or images;
- is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate;
- has been disclosed to you in confidence or which, by its nature, is confidential;
- upload, share or submit any User Content on our Site (including but not limited to contact details, last names, telephone numbers, street addresses or other identifying information of private individuals or public figures) which compromises the privacy or security of anyone other than yourself;
- may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;
- belongs to any person (or where the rights in it or to it belong to any person) other than yourself without the prior written consent of the owner of that User Content;
- if used by Bauer, or any third party licensed or permitted by Bauer, will give rise to any third party claims;
- directly or indirectly suggests any endorsement or approval by VANDUP Radio of a product, service, content or any belief or opinion expressed within a product or service;
- comprises of a link taking users to unlawful material or material that otherwise contravenes these Rules of Acceptable Use;
- comprises an advertisement, or commercial solicitations, including using our Site to promote or encourage the sale of your goods/services);
- authorises, enables or encourages the dissemination of junk mail or chain letters.
4. Rules for registered users
You must not:
- register or attempt to register as a member of our site unless you are at least 13 years old.
- use our site to solicit information from anyone under the age of 18;
- impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other site users;
- upload, share or submit User Content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
- attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site;
- alter, adapt, modify, copy or create a derivative work from the Content; or
- upload, share or submit any User Content that authorises, enables or encourages the dissemination of junk mail or chain letters.
VANDUP Radio accepts no responsibility for any statements, material (including User Content) or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
We reserve the right to edit or remove any material and User Content uploaded, shared or submitted using our site, for any reason whatsoever.
Competitions and other promotions are subject to additional terms.
9. LINKING TO OUR WEBSITE
10. FEEDS TO OTHER WEBSITES/RSS
If you operate your own website, you can display the latest headlines from other websites on your own websites using RSS.
We encourage the use of feeds as part of your website, provided that the proper format and attribution is used when any of our Content appears. You may not use any VANDUP Radio logo or other trademark alongside the RSS feed.
We reserve the right to prevent the distribution of content using RSS. We do not accept any liability arising from your use of the feeds or from any inaccuracy or omission in the content or interruption in availability.
11. THIRD PARTY LINKS
Third party links are provided to you for convenience only and do not imply that VANDUP Radio endorses, is affiliated or associated with any such website, or is legally authorised to use any intellectual property accessible through such links.
If you have a complaint about editorial content on this site or contained in any print magazine to which this site relates, it can be reported by sending an email to either: firstname.lastname@example.org but should always outline the subject of your complaint and in the case of complaints relating to a webpage (if possible) include a link to where the webpage which is the subject of your complaint may be easily located.
Please note that we do not view, edit or pre-screen any User Content before it is uploaded to our Site (including User Content).Some User Content may comprise comments, reviews and/or feedback (“Comments”) relating to you, which may be critical or defamatory towards you. We assume no responsibility or liability for any Comments or User Content uploaded or published by users.
We have the right (but not the obligation) at our sole discretion to refuse to upload or to remove any Content, Comments, or other User Content uploaded, shared, submitted or posted on our Site and/or Radio Player without the need to state our reasons for doing so.
You can report any abuse or complain about any Content, Comments, User Content or other Content on our Site and/or Radio Player by sending an email to email@example.com giving full details of the abuse or complaint, including:
- your full name (or the full name of the alleged victim/complainant and confirmation that you are authorised to act of their behalf); a description of the Content or User Content that is the subject of your complaint and an explanation of why you object to it;
- information reasonably sufficient to permit us to locate the User Content / Content in question on our Site or Radio Player (including a URL specifying the date our Site and/or Radio Player was accessed and/or a screen shot);
- information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details may also be provided to the user that has submitted any User Content complained of so that they may contact you directly, in order to attempt to resolve the complaint amicably);
- your electronic or physical signature (which may be a scanned copy); and
- your confirmation that the information in the notification is true and accurate.
13. NOTICE AND TAKEDOWN
If you are a rights owner (or acting on behalf of a rights owner) and believe that any User Content / Content infringes your copyright or other intellectual property right you must provide us with a written notice by email to firstname.lastname@example.org which states:
- that you are the rights owner or are authorised to act on the rights owner’s behalf;
- that you have identified Content or User Content on our Site and/or Radio Player which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the Content/User Content in the manner complained of is not authorised by you, the rights owner’s agent or by law;
- a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a video clip) and any relevant further details;
- a description of the way in which the copyright material has been infringed;
- information reasonably sufficient to permit us to locate the Content/User Content in question on our Site and/or Radio Player (including a URL specifying the date our Site and/or Radio Player was accessed and/or a screen shot);
- information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details may also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);
- your electronic or physical signature (which may be a scanned copy); and
- that the information in the notification is true and accurate.
Our ‘notice and takedown’ and/or complaints procedures are regulated by law. There may be negative consequences if you falsely allege User Content/Content is infringing copyright or is defamatory or send a copyright infringement notice to us in bad faith. We recommend that you take legal advice before sending a copyright infringement notice or defamation complaint, especially if you are unsure about your rights in the User Content / Content, or whether there has been an infringement of your rights.
We have a policy of terminating the user accounts of repeat copyright infringers or persons that are the subject of frequent user complaints. A repeat offender is either:
- a user who has submitted two or more items of User Content for which VANDUP Radio receives a copyright infringement notice in accordance with this section; or
- a user who has submitted two or more items of User Content for which VANDUP Radio receives a complaint in accordance with this section.
If your account is terminated in accordance with this provision then, you must not register or attempt to register a new user account. You agree to keep us fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a breach of this clause.
14. ADVERTISING AND SPONSORSHIP
Our Site and Radio Player may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Site and / or Radio Player complies with applicable laws and regulations. We do not assume responsibility for any error or inaccuracy in any advertising or sponsorship material.
15. TERMINATION AND SUSPENSION
Notwithstanding the above, we will try to warn users that their access to our Site, Radio Player and/or their membership may be suspended or terminated.
You use our Site and/or Radio Player and the services offered by us at your own risk. Our Site and/or Radio Player, the Content, the User Content and other services offered by us are provided “as is” and on an “as available” basis. The Content and information displayed on our Site and/or Radio Player is provided without any warranties as to its completeness or accuracy.
We do not guarantee that our Site and/or Radio Player, the Content, the User Content or any services offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.
To the fullest extent permitted by law, VANDUP Radio (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of our Site and/or Radio Player, including, without limitation, any liability for:
- loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
- wasted management or office time; and
- any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
a. death or personal injury caused by our negligence;
b. the tort of deceit; or
c. any other liability which cannot be excluded or limited under applicable law.
20. EXCLUSION OF THIRD PARTY RIGHTS
21. ENTIRE AGREEMENT
22. LAW AND JURISDICTION