Use of this site and listening to the radio streams/podcasts is subject to our terms and conditions.
Almeria Radio Website Terms and Conditions
Please read this carefully. By accessing websites owned, controlled, maintained
or operated by Jellyfish Interactive Limited ('Almeria Radio') (including this
website) (together the "Sites") and/or by registering with the Sites you are
agreeing to comply with the terms and conditions set out below (which shall
include the privacy policy and the Competition terms and conditions (if
applicable)) ('Terms'), whether or not you register to use the Site.
If you do not agree to these Terms, please do not use the Sites or register as a
user.
to read our privacy policy.
1. Introduction and About Us
The Sites are owned and operated by Jellyfish Interactive Limited company
registered in England and Wales under number 10055794 with its registered office
at Ground Floor, Seneca House, Links Point, Amy Johnson Way, Blackpool, Lancashire, United Kingdom, FY4 2FF.
2. Access to the Sites
Access to the Sites is permitted on a temporary basis and Almeria Radio reserves the
right to withdraw the Sites (in whole or in part) or amend any part of them
(including but not limited to content and materials on the Sites and any
services made available through them). Please also see Section 5 below.
Almeria Radio shall not be liable if for any reason the Sites are unavailable at any
time or for any period.
You may only use our Sites 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 Sites or the Site 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;
(iv) to send, knowingly receive, upload, download, use or re-use any material
which is in breach of Section 5 of these Terms; or
(v) 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 the Sites. You are also responsible for ensuring that any persons who access
the Sites 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 the Sites (but for the avoidance of doubt excluding
User Generated Content) (the "Content") belongs to Almeria Radio, or its licensors, and
save where otherwise specified users should assume that all Content is owned by
Almeria Radio. 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 Almeria Radio's copyright and other proprietary
rights. All trademarks, service marks and trade names on the Sites are
proprietary to Almeria Radio or its licensors.
In particular, but without limiting the above restrictions, you may not do any
of the following without prior written permission from Almeria 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 trade mark 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 Sites without Almeria Radio's prior written
consent. Please contact us if you wish to request permission to link to our
Sites.
4. Registration
As a user, you will be able to access material on most areas of the Sites
without going through the registration process. However, we may restrict access
to certain areas of the Sites (e.g. the Forums - see Section 5 below) and you
may need to register with us to access such areas.
On registration, you must provide Almeria Radio with accurate, complete registration
information and it is your responsibility to inform Almeria Radio of any changes to
that information (including in particular your e-mail address) by using the edit
details function available on the Sites 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 the Sites or the Site Services.
Almeria 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 Almeria Radio for, all use of the Sites
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 Almeria Radio immediately at our
contact us page. Almeria 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
un-lawful, threatening, abusive, libellous or indecent or which infringes
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 Site Services to
send any chain e-mails or Spam.
5. Community Forums and Posting Content to the Sites
The Sites include chat rooms, bulletin boards, discussion groups and other
public areas that allow you to interact with other users and Almeria Radio journalists
('Forums') and to post/transmit/upload ('Post') content to the Sites ('User
Generated Content') including without limitation your review of any gig you
attend, album reviews, personal blogs and your personal gallery.
Where we do provide a Forum, we will provide clear information to you about the
nature of the service being offered. Almeria Radio reserves the rights in its absolute
discretion to cease the provision of any or all Forums without notice to you.
As mentioned above, Almeria Radio journalists (who will be clearly identified as such)
will also contribute material to the Forums in order to stimulate discussions
and ensure the smooth running of the Forums. The Forums may also contain User
Generated Content from special guests selected by Almeria Radio. The opinions of those
Almeria Radio journalists and special guests are their own and are not necessarily
endorsed by Almeria Radio. They should not be considered by you as professional
advisers and any comments they make are not intended to amount to advice on
which reliance should be placed.
You will need to be registered as a user (unless otherwise stated) in order to
Post User Generated Content. You are solely responsible for any material and
information forming your User Generated Content.
By Posting User Generated Content you warrant and agree that :-
(i) you are 18 years of age or older or are aged 14 - 18 and have received
consent from your parent or guardian for you to use such Forums;
(ii) that you are resident in Great Britain and that you are accessing the
Sites in Great Britain;
(iii) that you will comply with any additional rules posted by
Almeria Radio on a
Forum;
(iv) you own or are licensed in respect of the User Generated Content Posted
and that you have the right, power and authority to grant the rights set out in
these Terms;
(v) that Almeria Radio is free and able to use User Generated Content in accordance
with and in the manner set out in these Terms without any payment (including any
royalty payments to third parties) and that in particular Almeria Radio may lawfully
permit other users to view the User Generated Content;
(vi) have obtained all consents, releases and permissions (including of each
person identifiable) in respect of the User Generated Content;
and in addition you warrant and agree that such User Generated Content:
(vii) is accurate (where facts are stated) or if an opinion is stated that
such opinion is genuinely held;
(viii) is not confidential and does not infringe the intellectual property,
privacy or any other rights of any third party, and does not contain anything
which is unlawful, abusive, libellous, defamatory, obscene, indecent, harassing
or threatening;
(ix) is not copyrighted or alternatively that you own the copyright or have
the necessary permissions and rights to use it;
(x) is not discriminatory or does not promote discrimination based on race,
sex, religion, nationality, disability, sexual orientation or age;
(xi) is not sexually explicit, obscene or pornographic and does not promote
violence;
(xii) such User Generated Content does not solicit personal information for
any users under 18 years of age;
(xiii) does not include telephone numbers, physical addresses, email
addresses or last names or other personally identifiable information;
(xiv) does not violate any applicable law or regulation;
(xv) does not, to the best of your knowledge, contain a virus or other
harmful component or computer programming routines, software, files or code
designed to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information;
(xvi) does not interrupt, destroy or limit the functionality of the Site(s)
or any computer software or equipment;
(xvii) does not disguise the origin of any User Generated Content or
impersonate any person or entity or misrepresent any affiliation with any person
or entity or collect or store other users' personal data;
(xviii) does not, or is not likely to, harass, upset, embarrass, alarm or
annoy another person; and
(xix) does not give the impression that it emanates from a third party
(including Almeria Radio) if that is not the case.
You warrant and undertake that you will not:
(i) Post, link to or otherwise publish commercial material or material that
promotes any commercial activities or contains recommendations to buy or refrain
from buying a particular item (and in particular shares) or which contain
confidential information of another party or which otherwise have the purpose of
affecting the price or value of any item (and in particular shares); or
(ii) Post or otherwise publish any User Generated Content unrelated to the
Forum or the Forum's topic.
By Posting User Generated Content you hereby grant a perpetual, royalty-free,
worldwide, non-exclusive licence to Almeria Radio to use, reproduce, modify, translate,
make available, distribute, publish and/or perform the User Generated Content
and to distribute and/or broadcast such User Generated Content in whole or in
part in all media and in all formats (including transmission by way of analogue
transmission, digital audio broadcasting, internet, satellite, television, film,
cable or telephony) and to sub-license any other persons to do so, in each case
for such purposes as Almeria Radio may in its reasonable discretion determine. Please
note that you can terminate the licence granted under this paragraph by removing
the User Generated Content from the Site and emailing us at our contact us page
with full details of all User Generated Content that you wish to be removed.
Almeria Radio will endeavour to remove the User Generated Content from the Site within
28 days. In addition, you agree to waive any moral rights you may have in the
User Generated Content and that you have obtained a waiver of all applicable
moral rights in the User Generated Content.
By submitting User Generated Content to the Site(s) you agree to indemnify and
hold harmless Almeria Radio from all claims, costs, liabilities and expenses (including
legal expenses) suffered by Almeria Radio arising out of any User Generated Content
Posted by you that is in breach of these Terms.
You agree that we may disclose your identity to any third party who is claiming
that User Generated Consent you have Posted to our Site violates their
intellectual property rights or any other right.
The Forums contain User Generated Content submitted by users over whom Almeria
Radio
has no control. You acknowledge that it is not possible for Almeria Radio to fully and
effectively moderate, oversee or monitor the Forums and in particular to monitor
whether any User Generated Content infringes the copyright or any other right of
a third party. You agree that Almeria Radio is under no obligation to oversee, monitor
or moderate any Forum and cannot therefore guarantee the accuracy, integrity or
quality of any User Generated Content. Almeria Radio does not endorse any User
Generated Content which is not necessarily reflective of the views of Almeria
Radio.
Some users may breach these terms and post User Generated Content that is
misleading, untrue or offensive. You accept to bear all risk associated with
your use of the Forums and should not rely on User Generated Content in making
(or refraining from making) any decisions. You agree that to the fullest extent
permitted by law Almeria Radio shall not be liable to you in respect of any User
Generated Content you view via this Site.
Whilst Almeria Radio does not control or monitor the User Generated Content posted to
Forums by users, it reserves the right (which it may exercise at its sole
discretion without notice) to commence such monitoring (whether by human
moderation or technical methods) or to delete, move or edit any User Generated
Content.
Almeria Radio reserves the right to contact you by e-mail with regard to your use of
the Forums.
6. Reporting offensive/illegal content
Whilst Almeria Radio does not control or monitor the User Generated Content posted to
Forums by users, we do not wish to see harmful, offensive or illegal content on
our Sites. If you have any concerns about any Content or User Generated Content
that appears on our Site or you believe that such Content or User Generated
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:-
(i) the location of the harmful/infringing/offensive content on our Site(s);
(ii) 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;
(iii) a brief description of, and information related to, the copyright work
which you believe is infringed; and
(iv) your contact details.
We will remove any and all Content and User Generated Content (without prior
notice to you) if we reasonably believe such Content/User Generated Content to
be in breach of these Terms.
7. Suspension and termination of registration/access to Forums
Almeria Radio will determine in its discretion whether there has been a breach of these
Terms through your use of our Site(s). When a breach of these Terms has
occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms may result in our taking all or any of the
following actions:
(i) immediate, temporary or permanent withdrawal of your right to use our
Sites (including our Forums);
(ii) immediate, temporary or permanent removal of any User Generated Content
posted by you to our Site(s);
(iii) issue of a warning to you;
(iv) legal proceedings against you for reimbursement of all costs on an
indemnity basis (including, but not limited to, reasonable administrative and
legal costs) resulting from the breach;
(v) further legal action against you;
(vi) disclosure of such information to law enforcement authorities as we
reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms.
The responses described in this Section 7 are not limited, and we may take any
other action we reasonably deem appropriate.
8. News by E-Mail
Almeria 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.
9. Viruses, hacking and other offences
You must not misuse our Sites 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 Sites, the server on
which any of our Sites are stored or any server, computer or database connected
to or on our Sites. You must not attack our Site(s) 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 Sites 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 Sites or to your downloading of any material
Posted on it, or on any website linked to them.
10. Minors
We advise all parents to speak to their children regarding safety online.
11. Third Party Sites - software and java security
The Sites contain links to other websites provided by independent third parties
("Third Party Sites"), either directly or through frames. Where possible,
Almeria Radio
will make clear such links are being made, although Third Party Sites may be
co-branded with Almeria Radio and so include Almeria Radio's branding. Almeria
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 Sites to an authorised connected site not operated by Almeria
Radio to
download software from the Sites or any other material, files, images or data,
you acknowledge and agree that Almeria Radio has no responsibility or liability in
connection therewith, and does not transfer title to you.
12. 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
Almeria Radio aims to update the Sites regularly, any of the Content or User Generated
Content may be out of date and Almeria 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 Almeria Radio and is
not intended to be relied upon by users in making (or refraining from making)
any specific decisions. Almeria Radio therefore disclaims all liability and
responsibility arising from: (i) any reliance placed on Content or User
Generated Content by any visitor to the Sites or by anyone who may be informed
of such; and (ii) any arrangements made between you and any third party named on
the Sites which are at your sole risk and responsibility.
Because of the number of sources from which Almeria Radio obtains Content and User
Generated Content and the nature of electronic distribution via the internet,
Almeria Radio does not give any warranties in respect of the Sites or the Site
Services. In particular, the Site Services are provided on an "as is" basis.
To the extent allowed by applicable law, Almeria 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,
Almeria Radio
makes no warranty that the Site 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 Almeria 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 Sites or the Site
Services or any breach of these Terms by Almeria Radio, even if Almeria Radio has been advised
of the possibility of such damages. Notwithstanding the provisions of this
section, Almeria Radio's liabilities will not be limited in the case of death or
personal injury directly caused by Almeria Radio's negligence, for fraud or fraudulent
misrepresentation or for any liability that cannot be excluded or limited by
law.
13. Privacy Policy
This information that you provide about yourself to Almeria Radio will only be used by
Almeria Radio in accordance with our Privacy Policy (details of which are available
here: Privacy Policy ). The Privacy Policy does not apply to Third Party Sites.
14. Changes to these Terms
Almeria Radio reserves the right, at its discretion, to make changes to any part of the
Sites or these Terms. When these Terms are changed, Almeria 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 the Sites, you are agreeing now to be bound by those
changes and revised terms.
15. Advertising and sponsorship
Part of the Sites may contain advertising and sponsorship. Advertisers and
sponsors are responsible for ensuring that material submitted for inclusion on
the Sites complies with applicable law and regulation. Almeria Radio will not be
responsible for any error or inaccuracy in advertising material.
16. 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.
17. Third Party Copyright
Some of the content used on our website(s) (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 Getty Images, the BBC
and ITN), 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 "Almeria Radio" herein and shall be bound accordingly.
18. 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.
? Jellyfish Interactive Limited t/a Almeria Radio
Sponsors
