Using our website – terms and conditions

Use of our website is strictly subject to these terms and conditions. Please read them carefully.

By using our website (including registering with, submitting any material to, or using any services accessed via our website), you accept these terms and conditions in full and agree to be bound by them.

If you don’t agree with any part of these terms and conditions then you must not use our website.

Copyright

We, together with our licencors, own and control all the copyright and other intellectual property rights in our website and the material on our website and all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Permissions

You may:

view pages from our website in a web browser;
download pages from our website for caching in a web browser;
print pages from our website for your own personal use;
stream audio and video from our website; and
use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

Other than as expressly permitted by this section, you must not download any material from our website or save any such material to your computer.

You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Exploitation

Unless you own or control the relevant rights in the material, you must not:

republish material from our website (including republication on another website);
sell, rent or sub-licence material from our website;
show any material from our website in public;
exploit material from our website for a commercial purpose; or
redistribute material from our website

unless you have express written permission signed by a Director of Kennet Community Radio.

Notwithstanding the foregoing, you may redistribute our newsletter in print and electronic form.

Website Availability

We aim to maintain high availability of our website but we reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website at any time and at our sole discretion, for example when updating the website or conducting maintenance.

Website Misuse

You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

You must not do anything that interferes with the normal use of our website.

You must not use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of our website.

You must not use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not hack or otherwise tamper with our website.

You must not probe, scan or test the vulnerability of our website without our express written permission.

You must not circumvent any authentication or security systems or processes on or relating to our website.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any malicious computer software (including but not limited to spyware, computer virus, Trojan horse, worm, keystroke logger, or rootkit).

You must not impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity).

You must not decrypt or decipher any communications sent by or to our website without our express written permission.

You must not conduct any systematic or automated data collection activities (including but not limited to scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written permission.

You must not access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing.

You must not use or otherwise access our website except by means of our public interfaces.

You must observe and not contravene the directives set out in our website’s robots.txt file.

You must not use data collected from our website for any direct marketing activity (including but not limited to email marketing, SMS marketing, telemarketing and direct mailing) or to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.

Accounts on our Website

To be eligible for an account on our website under this section, you must be aged over 18.

You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that will be sent to you.

You must not allow any other person to use your account to access the website, and you must notify us in writing immediately if you become aware of any unauthorised use of your account.

You must not use any other person’s account to access our website.

Username and Password

If you register for an account with our website, you will be asked to choose a user ID and password. Your user ID must not be liable to mislead and must comply with the content rules set out elsewhere in these terms and conditions; you must not use your account or user ID for or in connection with the impersonation of any person.

You must keep your password confidential.

You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Cancellation and/or suspension of account

At any time in our sole discretion with or without notice to you we may:

suspend your account;
cancel your account;
edit your account details.

We will usually cancel an account if it remains unused for a continuous period of 18 months.

You may cancel your account on our website by using your account control panel on the website.

Our rights to use your content

In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media, you grant to us the right to sub-license the rights so licensed, and you grant to us the right to bring an action for infringement of the rights so licensed.

You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

You may edit your content to the extent permitted using the editing functionality made available on our website.

Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Rules about your content

You explicitly warrant and represent that your content will comply with the following terms and conditions.

Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content, and the use of your content by us in accordance with these terms and conditions, must not, at our sole discretion:

be libellous or maliciously false;
be obscene or indecent;
infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
infringe any right of confidence, right of privacy or right under data protection legislation;
constitute negligent advice or contain any negligent statement;
constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
be in contempt of any court or in breach of any court order;
be in breach of official secrets legislation;
be in breach of any contractual obligation owed to any person;
be untrue, false, inaccurate or misleading;
consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or cause undue annoyance, inconvenience or needless anxiety to any person.

Limited warranties

We do not warrant or represent the completeness or accuracy of the information published on our website, nor do we warrant or represent that the material on the website is up to date, that the website will operate without fault; or that the website or any service on the website will remain available.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation, and save as to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by applicable law and subject to the section on Liability in these terms and conditions, we explicitly exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Liability

Nothing in these terms and conditions will do any of the following:

limit or exclude any liability for death or personal injury resulting from negligence;
limit or exclude any liability for fraud or fraudulent misrepresentation;
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions are subject to the above and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses (including but not limited to loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill).

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may do one, some, or all of the following:

send you one or more formal warnings;
temporarily suspend your access to our website;
permanently prohibit you from accessing our website;
block computers using your IP address from accessing our website;
contact any or all of your internet service providers and request that they block your access to our website;
instigate legal action against you;
suspend or delete your account on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])].

Variation

We may amend/update these terms and conditions from time to time.

The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

If you have given your express agreement to these terms and conditions, we will ask for your express agreement to updates to these terms and conditions; if you do not give your express agreement to the updated terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

Assignment

We may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

You may not assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions without our prior express written permission.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in full effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in full effect.

Third party rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

These terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Statutory information

This website is owned and operated by Kennet Community Radio, a company limited by guarantee and registered in England and Wales under registration number 8252772; our registered office and principal place of business is at Broadway House, 4-8 The Broadway, Newbury RG14 1BA.

You can contact us by post at the address given above, by telephone (01635 762111), by email ([email protected]) or by using any of our website contact forms.