Legal notices and terms of use

 

PLEASE CAREFULLY READ THE FOLLOWING BigTimeRadio WEBSITE TERMS OF USE (“TERMS”) BEFORE ACCESSING OR USING THE BigTimeRadio WEBSITE (“WEBSITE”). BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO CONSENT TO THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE.

 

The Website

 

The Website is owned and operated by BigTimeRadio (“BigTimeRadio,” “we,” “us,” “our,” or similar pronouns). As used in these Terms, the term “Website” shall also refer to the logos, designs, text, graphics, software, other content, and materials available through the Website and the selection and arrangement thereof (collectively, “Content”), and the BigTimeRadio hardware, software, and networks associated with making the Website available to you (collectively, “BigTimeRadio System”). Unless explicitly stated otherwise, any new features, functionality, or services that augment or enhance the Website in the future shall be considered part of the Website and subject to these Terms.

By using or accessing the Website, you represent and warrant that: (a) you are 18 years of age or older; (b) if you are under the age of majority in your jurisdiction, you have your parent’s or legal guardian’s authorization to use and access the Website and to agree to these Terms; (c) you own or have authorization to use a personal computer to access the Website; and (d) you will use the Website in accordance with these Terms.

You acknowledge that the Website is subject to outages, slowdowns, or other interruptions. You further acknowledge that we are not responsible for performance degradation, interruption, or delays arising from any source. BigTimeRadio will not be liable to you if the Website is unavailable at any given time. You agree that your sole remedy for any Website unavailability shall be to terminate your use of the Website.

 

  1. Access

 

You are solely responsible for providing any hardware, systems, and software programs you use to access the Website, and any associated fees, charges, and expenses. For example, if you choose to access the Website through your personal computer, you are required to obtain at your own cost a compatible personal computer and an Internet access plan from a service provider.

 

  1. Modification of these Terms; Termination

 

If you do not agree with any of these Terms, please do not use the Website. BigTimeRadio reserves the right, in its sole discretion, to modify these Terms at any time without further notice. The most recent modification date will be noted by the “Last Updated” date below. Your continued use of the Website after any such modification constitutes your acceptance of these Terms as modified. If you register for or use additional features available as a part of the Website, additional terms and conditions, rules, policies, and disclaimers may apply. BigTimeRadio may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Website, temporarily or permanently, including the availability of any features of the Website or access to any parts of the Website, at any time with or without notice to you. You agree that BigTimeRadio shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

You may terminate your use of the Website at any time. BigTimeRadio may terminate your access to or use of the Website at any time for any reason with or without notice to you. Upon any termination of your use of the Website, you must promptly destroy all Content obtained through the Website, as well as any copies of the Content. Sections 3, 5, 7, 9, 10, 11, 12, 14, and 16 and any other provisions that by their nature should survive termination shall so survive any termination of your use of the Website. You agree that BigTimeRadio shall not be liable to you for any termination of your use of or access to the Website.

 

  1. Registration and Account Security

 

In order to participate in certain features of the Website, you may be required to register for a Website account or receive access to a BigTimeRadio client account (each, an “Account”). If you choose to register for or receive an Account, you agree to: (a) provide true, accurate, and complete information about yourself as prompted by the registration form or as requested by your BigTimeRadio contact; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete as permitted through the functionality of the Website or through your BigTimeRadio contact. You acknowledge and agree that BigTimeRadio will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, without limitation, your failure to receive important information and updates about the Website. If BigTimeRadio has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate, or incomplete, BigTimeRadio may suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof). For BigTimeRadio clients, you represent and warrant that you have duly authorized those accessing your client section of the Website using your login credentials to do so and that you will be directly responsible for the acts or omissions of those who use your login credentials to access the Website. You are responsible for all use of your Account under any user name or password (or login credentials) by any person or entity and for ensuring that use of your Account complies fully with the provisions of these Terms. You are solely responsible for protecting the confidentiality of your user name and password.

 

  1. Privacy

 

For information about BigTimeRadio’ privacy practices, please read the BigTimeRadio Privacy Policy at (“Privacy Policy”). The Privacy Policy is incorporated into these Terms and explains how BigTimeRadio collects, uses, shares, and secures your personal information in connection with the Website. By using the Website, you agree to the terms of the Privacy Policy.

 

  1. License Grant

 

BigTimeRadio grants to users a limited, non-exclusive, non-transferable license to access and use the Website (including any Content) strictly in accordance with these Terms. BigTimeRadio may terminate this license at any time for any reason. You may use the Website on one personal computer for your own personal, non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic, mechanical, or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Website or any portion thereof. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website and you may not take any action that imposes an unreasonable or disproportionately large load on the BigTimeRadio System.

 

  1. Proprietary Rights

 

All ownership rights and title in and to the Website, including all Content therein, are owned by BigTimeRadio and its licensors and protected under applicable copyrights, trademarks, and other proprietary (including, without limitation, intellectual property) rights and international treaties. Except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way the Website, or any portion therein, including, without limitation, any Content, without the prior written permission of BigTimeRadio. All rights not expressly granted to you through these Terms are retained by BigTimeRadio and its licensors. Nothing in these Terms grants to you any right to use any of BigTimeRadio’ trademarks, service marks, logos, domain names, or other indicia of origin.

 

  1. User Conduct

 

In using or accessing the Website, you agree:

not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or any affiliated or linked websites;

not to disrupt or interfere with any other user’s enjoyment of the Website;

not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;

not to use, frame, or utilize framing techniques to enclose any BigTimeRadio trademark, logo or other proprietary information (including the images available through the Website, the content of any text or the layout/design of any page or form contained on a page) without BigTimeRadio’ express written consent;

not to use meta tags or any other “hidden text” utilizing a BigTimeRadio name, trademark, or product name without BigTimeRadio’ express written consent;

not to “deeplink” to the Website without BigTimeRadio’ express written consent; not to create or use a false identity on the Website;

not to collect or store personal data about others;

not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;

not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any law; and

not to post any copyrighted material unless the copyright is owned by you.

In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations that relate to your use of or activities in connection with the Website. You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.

 

  1. Warranties

 

THE WEBSITE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND USER MATERIALS), IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BigTimeRadio MAKES NO WARRANTY: (A) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (C) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY INFORMATION OR MATERIALS YOU RECEIVE IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY SUBMITTED USER MATERIALS; (E) THAT YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.

 

  1. Limitation Of Liability

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE RESULTS AND PERFORMANCE THEREOF (INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY THIRD PARTY SUBMITTED USER MATERIALS, THIRD PARTY APPLICATIONS, WEBSITES, AND ANY GOODS, SERVICES, OR CONTENT YOU MAY RECEIVE IN CONNECTION WITH LINKS CONTAINED WITHIN THE WEBSITE).

IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BigTimeRadio AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AUTHORIZED AGENTS (COLLECTIVELY, THE “BigTimeRadio PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING FROM OR IN CONNECTION WITH THE FOLLOWING CIRCUMSTANCES, EVEN IF A BigTimeRadio PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES: (A) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY USER MATERIALS, WHETHER PROVIDED BY YOU OR ANY THIRD PARTY, OR YOUR USE OF OR RELIANCE UPON ANY USER MATERIALS; (D) ANY THIRD PARTY APPLICATION, WEBSITE, OR WEBSITE USED IN CONNECTION OR AVAILABLE THROUGH THE WEBSITE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE WEBSITE; (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR WEBSITE INTERRUPTIONS; OR (G) ANY MODIFICATION, DELETION, OR ADDITION TO YOUR USER MATERIALS BY BigTimeRadio OR ANOTHER WEBSITE USER.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BigTimeRadio’ CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.

 

  1. Exceptions

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES, AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BigTimeRadio’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. Third Party Applications, Links, and Content

 

The Website includes links or direct connections to other websites, content, or resources made available to you from third parties. For example, the Website may provide direct links to clients or social networking services. You acknowledge that BigTimeRadio has no control over any such third party applications, websites, content, or resources, which are made available by companies or persons other than BigTimeRadio. You acknowledge and agree that BigTimeRadio is not responsible for the availability of any such third party applications, websites, content, or resources. You further acknowledge that BigTimeRadio is not liable to you for any loss or damage which may be incurred by you as a result of these third party applications, websites, content, or resources.

 

  1. International Users

 

The Website is controlled, operated, and administered by BigTimeRadio from its offices within the United States. BigTimeRadio makes no representation that materials on the Website are appropriate or available for use at other locations outside of the United States and access to them from territories where the content available through the Website is illegal is prohibited. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.

 

  1. General Terms

 

Export Laws. You may not use the Website or export the Content in violation of United States export laws and regulations. The Website and Content may not be used or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department’s list of specially designated nationals or on the United States Commerce Department’s Table of Deny Orders.

Force Majeure. BigTimeRadio will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.

Headings. The section titles in these Terms are provided solely for convenience and have no legal or contractual significance.

Notices. You agree that BigTimeRadio may provide you with notices in connection with the Website by e-mail, regular mail, or postings on the Website.

Waiver. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Entire Agreement; Limitation of Actions. The Terms constitute the entire agreement between BigTimeRadio and you with respect to your use of the Website. To the extent permitted by law, any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Indemnification. You agree to indemnify and hold harmless the BigTimeRadio Parties from any loss, liability, claim, or demand, including costs and reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or arising from your breach of these Terms, including any representation or warranty set forth herein. As a part of your indemnification obligations, you agree to indemnify the BigTimeRadio Parties for any claims or suits arising from User Materials you provide and your use of any Community Feature. Severability. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Applicable Law and Disputes. These Terms shall be governed by and construed in accordance with the laws of Massachusetts, without resort to its conflict of law provisions. In the event of a dispute arising out of these Terms or your use of the Website (or any portion herein), the proper jurisdiction and venue will be the state or federal courts residing in Suffolk County, Massachusetts. You consent to the exercise of personal jurisdiction of these courts over you in the event of such a dispute. Relationship of the Parties. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and BigTimeRadio, and you do not have any authority to create any obligation or make any representation on BigTimeRadio’ behalf. You may not assign these Terms by operation of law or otherwise, without BigTimeRadio’ written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and BigTimeRadio and their respective successors and assigns.

Contact Us.

 

If you have any questions or comments regarding the Website, you may contact us at via our website contact form at https://bigtimeradiovegas.com/contact-us/

 

Radio

 

Here are the general terms and conditions of service for BigTimeRadio websites.

 

General terms and conditions of service for BigTimeRadio websites

 

Please read this carefully. By accessing websites owned, controlled, maintained or operated by BigTimeRadio Media & Entertainment Limited (“BigTimeRadio”) (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.

 

  1. Introduction and About Us

 

The Sites are owned and operated by BigTimeRadio, Las Vegas Nevada 

 

  1. Access to the Sites

 

Access to the Sites is permitted on a temporary basis and BigTimeRadio 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.

 

BigTimeRadio 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.

 

  1. 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 BigTimeRadio, or its licensors, and save where otherwise specified users should assume that all Content is owned by BigTimeRadio. 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 BigTimeRadio’s copyright and other proprietary rights. All trademarks, service marks and trade names on the Sites are proprietary to BigTimeRadio or its licensors.

 

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

 

(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 BigTimeRadio’s prior written consent.  Please contact us if you wish to request permission to link to our Sites.

 

  1. 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 BigTimeRadio with accurate, complete registration information and it is your responsibility to inform BigTimeRadio 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.

 

BigTimeRadio 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 BigTimeRadio 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 BigTimeRadio immediately at our contact us page.  BigTimeRadio 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.

 

  1. 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 BigTimeRadio 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.  BigTimeRadio reserves the rights in its absolute discretion to cease the provision of any or all Forums without notice to you.

 

As mentioned above, BigTimeRadio 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 BigTimeRadio. The opinions of those BigTimeRadio journalists and special guests are their own and are not necessarily endorsed by BigTimeRadio. 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 BigTimeRadio 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 BigTimeRadio 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 BigTimeRadio 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 BigTimeRadio) 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 BigTimeRadio 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 BigTimeRadio 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. BigTimeRadio 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 BigTimeRadio from all claims, costs, liabilities and expenses (including legal expenses) suffered by BigTimeRadio 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 BigTimeRadio has no control. You acknowledge that it is not possible for BigTimeRadio 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 BigTimeRadio 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. BigTimeRadio does not endorse any User Generated Content which is not necessarily reflective of the views of BigTimeRadio. 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 BigTimeRadio shall not be liable to you in respect of any User Generated Content you view via this Site.

 

Whilst BigTimeRadio 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.

 

BigTimeRadio reserves the right to contact you by e-mail with regard to your use of the Forums.

 

  1. Reporting offensive/illegal content

 

Whilst BigTimeRadio 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.

 

  1. Suspension and termination of registration/access to Forums

 

BigTimeRadio 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.

 

  1. News by E-Mail

 

BigTimeRadio 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.

 

  1. 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.

 

  1. Minors

 

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

 

  1. 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, BigTimeRadio will make clear such links are being made, although Third Party Sites may be co-branded with BigTimeRadio and so include BigTimeRadio’s trademarks. BigTimeRadio 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 BigTimeRadio to download software from the Sites or any other material, files, images or data, you acknowledge and agree that BigTimeRadio has no responsibility or liability in connection therewith, and does not transfer title to you.

 

  1. 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 BigTimeRadio aims to update the Sites regularly, any of the Content or User Generated Content may be out of date and BigTimeRadio 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 BigTimeRadio and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. BigTimeRadio 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 BigTimeRadio obtains Content and User Generated Content and the nature of electronic distribution via the internet, BigTimeRadio 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, BigTimeRadio 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, BigTimeRadio 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 BigTimeRadio 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 BigTimeRadio, even if BigTimeRadio has been advised of the possibility of such damages. Notwithstanding the provisions of this section, BigTimeRadio’s liabilities will not be limited in the case of death or personal injury directly caused by BigTimeRadio’s negligence, for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or limited by law.

 

  1. Privacy Policy

 

This information that you provide about yourself to BigTimeRadio will only be used by BigTimeRadio in accordance with our Privacy Policy (details of which are available here: Privacy Policy ). The Privacy Policy does not apply to Third Party Sites.

 

  1. Changes to these Terms

 

BigTimeRadio reserves the right, at its discretion, to make changes to any part of the Sites or these Terms. When these Terms are changed, BigTimeRadio 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.

 

  1. 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.  BigTimeRadio will not be responsible for any error or inaccuracy in advertising material.

 

  1. 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.  

 

  1. 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, 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 “BigTimeRadio” herein and shall be bound accordingly.

 

  1. 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.

 

© BigTimeRadio 2018