Acceptance of terms and conditions

This is a website of Radiocafe Ltd (“Radiocafe”). Use by you of this website (the Site) and any other websites operated by Radiocafe to which the Site is linked (the "Radiocafe Sites"), together with all associated servers (“Servers”) and all of the functions on or in or available from the Site or any other Radocafe Sites or the Servers (including, without limitation all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions ("Terms and Conditions") and any other terms and conditions contained on, in or available through any Radiocafe Sites.

Content

The copyright in the material contained on, in, or available through the Site or any other Radiocafe Sites or Server, including all information, data, text, music, sound, photographs, graphics, video clips or other materials and the selection selection and arrangement thereof, and all source code, software compilations and other material “Material”) is owned by or licensed to Radiocafe. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.

The trademarks, service marks, and logos (“Trade Marks”) contained on or in the Site or any other Radiocafe Sites or Server are registered and owned by or licensed to Radiocafe. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Radiocafe.

You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to Radiocafe or its group companies. None of the Material may be used for any commercial or public use.

Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of Radiocafe.

Links to third parties

The Site and other Radiocafe Sites or Servers contain links to websites operated by third parties (“Third Party Websites”). Radiocafe does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or its availability or contents or any agreement or understanding you enter into with a third party through a Third Party Website. Radiocafe does not through the Radiocafe Sites sell products to the public nor does it hold itself out as being a retailer of any products. Links to third party websites on the Site are provided solely as a convenience to you. Radiocafe has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content. Radiocafe does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them, and makes no indication or confirmation in respect of the availability, pricing, third party warranty or third party guarantee of any products which you purchase as a result of accessing a link on one of the Radiocafe Sites. If you decide to access any of the third party websites linked to the Site, you do this entirely at your own risk.

Radiocafe Privacy Policy

If you provide information to Radiocafe on or through the Site or any other Radiocafe Sites or Server, Radiocafe will use it in accordance with the terms of its Privacy Policy. The Privacy Policy forms part of these Terms and Conditions and by using the Site or any other Radiocafe Sites or Server you acknowledge and agree that you have read and accept the terms of that privacy policy.

Disclaimer

The Material is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent Radiocafe is permitted by law, Radiocafe provides you with the Site on the basis that Radiocafe excludes all representations (except fraudulent representations and representations as to matters fundamental to use of the Site), warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this notice would have effect in relation to the Site. Radiocafe further does not warrant the accuracy and completeness of the materials and content at this Site. Radiocafe may make changes to the Material, or to any products or information described in the Material, at any time without notice. The Material may be out of date, and Radiocafe makes no commitment to update the Material. Information published at the Site may refer to products or services that are not available in your country. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of liability

RADIOCAFE EXCLUDES ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY AS A RESULT OF PROVIDING THE SITE OR ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIAL OR CONTENT CONTAINED AT ANY OR ALL SUCH SITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL OR CONTENT FROM THE SITE OR ANY SITES LINKED TO THE SITE.

RADIOCAFE, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE), AND ANY OF RADIOCAFE'S HOLDING COMPANIES, SUBSIDIARIES OR AFFILIATED COMPANIES (“AFFILIATES”) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM SHALL NOT BE LIABLE IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIAL OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, FOR ANY LOSS OR DAMAGES OF ANY KIND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA , CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER OR NOT ANY SUCH LOSS OR DAMAGES IN THIS PARAGRAPH IS FORESEEABLE, KNOWN OR FORESEEN OR OTHERWISE AND WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE.

HOWEVER, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT RADIOCAFE ’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY THE UNFAIR CONTRACT TERMS ACT 1977) OR FOR FRAUDULENT MISREPRESENTATION OR FOR MISREPRESENTATION AS TO A MATTER FUNDAMENTAL TO RADIOCAFE ’S ABILITY TO UNDERTAKE SUCH OBLIGATIONS AND RESPONSIBILITIES AS RADIOCAFE HAS UNDER THESE TERMS.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Access restriction

Radiocafe reserves the right in its sole discretion to deny you access to the Site or any other Radiocafe Sites or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any provision of these Terms and Conditions.

General

These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Radiocafe concerning your use of the Site or any other Radiocafe Sites or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Radiocafe in relation to such matters. Radiocafe reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to the Site. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of Radiocafe.

If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

Radiocafe’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Radiocafe in writing.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Terms and Conditions.

These Terms and Conditions shall be governed by and construed in accordance with English law and you and Radiocafe agree to submit to the exclusive jurisdiction of the English Courts over any claim or matter arising under or in connection with these Terms and Conditions.