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1Radio Website Terms and Conditions

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Full Terms & Conditions


THESE TERMS AND CONDITIONS(“Terms”) govern your use of www.1radio.org (also known as "1Radio") and all related subdomains and variations (“the 1Radio Website”). Please read these Terms and ensure that you have understood them. If you do not agree to these Terms, please cease use of the 1Radio Website immediately.

 1. Definitions

 “Vakart” means Vakart Limited a company registered in England and Wales with the Company No. 04021696 whose registered office is at 272 Regents Park Road, London N3 3HN;

“Login” means any email address, name and password and other information requested and accepted by Vakart from time to time which enables a User to have access to certain elements of the 1Radio Website from time to time made available to the User by Vakart;

 “Services” means the services provided by Vakart including but not limited to the broadcasting of radio programmes, advertised on the 1Radio Website;

“Submission” means any information that you submit to appear on the 1Radio Website including but not limited to advertisements for your programmes, shoutbox messages, private messages, song requests or any message sent to any other User either via the 1Radio Website or using information obtained from the 1Radio Website;

“Broadcast” means any information that you transmit via the 1Radio Shoutcast server including but not limited to speech, music, audio clips that may be received by any other User either via the 1Radio Website or rebroadcast via a third-party website;

“Terms” means the terms and conditions set out herein;

 “Use” means any use of the 1Radio Website including but not limited to listening to programmes advertised on the 1Radio website or promoting and broadcasting programmes, reading or posting messages in the shoutbox, forums or elsewhere on the website;

“User” means any person who Uses the 1Radio Website;

“Member” means any person who has registered with the 1Radio Website; A member must be at least 18 years to register on this site.

2. Vakart

  • 2.1 The 1Radio Website is owned and managed by Vakart. All information supplied on the 1Radio Website is managed by Vakart.
  • 2.2 Vakart can be contacted by writing to Vakart Limited at 272 Regents Park Road, London N3 3HN or by email on 1Radio@vakart.net or by telephone on 07092 089605.

3. Use of the 1Radio Website

  • 3.1 By using the 1Radio Website or any aspect thereof, including the Services, you warrant that you have the right, authority and capacity to enter into and be bound by these Terms and that you agree to be bound by these Terms forthwith.
  • 3.2 In the event that Vakart, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the 1Radio Website, and/or your Use of the 1Radio Website is in breach of these Terms, Vakart reserves the right to take any action that it deems necessary, including terminating without notice your Use of the 1Radio Website and, in the case of illegal Use, instigating legal proceedings.
  • 3.3 Vakart shall use reasonable endeavours to ensure that the 1Radio Website is available at all times, however, Vakart may suspend the 1Radio Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
  • 3.4 Vakart reserves the right to make any changes to the 1Radio Website or to discontinue any aspect or feature of the 1Radio Website without notice to Users.
  • 3.5 The 1Radio Website is intended for the personal Use of private individuals. You may not use the 1Radio Website or any part thereof in connection with any commercial venture, other than as expressly permitted under these Terms or under other terms agreed in writing by Vakart. In particular, you may not contact any person whose details appear on this site with the intention of promoting any commercial services to such person.
  • 3.6 Vakart reserves the right to deny access to any User or Member of the website, at a time and for a period at its own discretion, for inappropriate activity including but not limited to
    • offensive, obscene, abusive or inappropriate comments posted in the shoutbox, private message, song request or sent to other Users or Members of the site
    • offensive, obscene, abusive or inappropriate material transmitted via our broadcast stream
    • use of multiple identities for the purpose of confusion or to mislead other Users or Members of the site
    • behaviour likely to cause distress to Users or other Members of the site
    • behaviour likely to bring the 1Radio website and/or service into disrepute
  • 3.7 For the avoidance of doubt, you are responsible for providing the means of accessing the 1Radio Website.

4. User Registration and Submissions

4.1 In order to access certain features of the 1Radio Website, including broadcasting, promoting your show, contacting other Users, you will be required to register a Login with Vakart. You will only be able to use a Login if you supply a valid email address when registering for such a Login. A validation link will be sent to that email address, which includes a generated password to enable a Login to be activated.

4.2 You agree to keep your Login confidential and not to allow any other individuals to use your Login to access any part of the 1Radio Website. You agree that you are solely responsible for all activities under your Login.

4.3 You agree to notify Vakart in the event that there is a breach of security or any unauthorised use of your Login.

4.4 By registering such a Login and accessing the 1Radio Website, you agree that you will not make any Submission or Broadcast that may reasonably be deemed to be offensive, illegal or inappropriate, for example any Submission that:

  • 4.4.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • 4.4.2 harasses or advocates harassment of another person;
  • 4.4.3 displays or includes pornographic or sexually explicit material;
  • 4.4.4 that is or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
  • 4.4.5 promotes any illegal activities;
  • 4.4.6 provides instructional information about illegal activities, including but not limited to violating someone else’s privacy or providing or creating computer viruses;
  • 4.4.7 promotes information that you know to be false or misleading;
  • 4.4.8 infringes any rights of any third party, including by displaying photographs or including recordings of individuals without their express consent;
  • 4.4.9 promotes any product or service.
4.5 You further agree that you will not:
  • 4.5.1 select or use a Login with the intent of impersonating another person;
  • 4.5.2 allow any other person to use a Login that you have registered;
  • 4.5.3 create multiple Logins;
  • 4.5.4 use the 1Radio Website or information contained therein for commercial purposes;
  • 4.5.5 Use the 1Radio Website or information contained therein to send ‘spam’ or other unsolicited communications to any other Users.

4.6 You agree that Vakart may, at its sole discretion, choose to display or transmit any Submission or any part of a Submission, Broadcast or any part of a Broadcast that you make on or through the 1Radio Website and hereby grant to Vakart a non-exclusive, perpetual, irrevocable, worldwide licence to do so.

5. Term and Termination

  • 5.1 These Terms will remain in full force and effect while you are a User of the 1Radio Website.
  • 5.2 Vakart may, at any time and for any reason, terminate these Terms with you, deny you access to the 1Radio Website and delete any Login.
  • 5.3 In the event of termination of these Terms or deletion of your Login for any reason, you must not attempt to Use the 1Radio Website.
  • 5.4 Clauses 4 to 9 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.

6. Vakart Intellectual Property

  • 6.1 Other than in relation to links to third party websites, Vakart owns or has a licence to use all right, title and interest in and to the 1Radio Website, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the 1Radio Website or the data contained therein to the User. All rights in and to the 1Radio Website not expressly granted to User are reserved by Vakart.
  • 6.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the content of the 1Radio Website.
  • 6.3 You are expressly prohibited from:
    • 6.3.1 reproducing, copying, printing (other than one copy for your own personal, non-commercial use) editing, transmitting, uploading or incorporating into any other materials, any of the 1Radio Website; and
    • 6.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by Vakart, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Vakart or could be considered an infringement on any of the intellectual property rights owned and/or licensed to Vakart;
    • 6.3.3 storing any information from the 1Radio Website (other than as is necessary in order for you to access and Use the 1Radio Website). In particular you may not store any information from the 1Radio Website on a server or storage device connected to a network;
    • 6.3.4 downloading and/or storing any email addresses or other contact information that appears on the 1Radio Website without first obtaining the written permission of Vakart.

7. Warranties and Liabilities

  • 7.1 To the maximum extent permitted by law, Vakart shall not be liable for any loss, injury or damage caused in whole or in part by Use of the 1Radio Website or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the 1Radio Website or the information provided therein, or by Vakart’s failure to perform any of its obligations under these Terms.
  • 7.2 Vakart shall not be liable for (i) any indirect, consequential, incidental, liquidated or special losses or damages; or (ii) any loss of profits, loss of data, business interruption, loss of use, loss of contracts or loss of goodwill, whether direct or indirect, arising out of, or relating to, the Use of, or inability to Use the 1Radio Website or the information provided therein, or any decision made or action taken in reliance or partial reliance on the information provided on the 1Radio Website.
  • 7.3 The 1Radio Website may contain errors and, from time to time, may not be accessible by Users. The information provided on the 1Radio Website by Vakart is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
  • 7.4 Where the 1Radio Website or any Submission made by any User includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Vakart and, to the maximum extent permitted by law, Vakart shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
  • 7.5 To the maximum extent permitted by law, Vakart expressly excludes all representations, warranties, obligations and liabilities in connection with the 1Radio Website or other third party websites, and the information provided therein.
  • 7.6 Links to third party websites may appear on the 1Radio Website. Such third party websites are provided for information and for the benefit of Users and are not the responsibility of Vakart. Vakart accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
  • 7.7 In the event that you have a claim or right of action against any other User arising from that User’s use of the 1Radio Website, you agree to pursue such claim or action independently of and without any demands from Vakart, and you release Vakart from all claims, liability and damages arising from or in any way connected to such claim or action.
  • 7.8 In the event that a claim or action is brought against Vakart arising from your activities or Use of the 1Radio Website, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend Vakart against such claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow Vakart to assume the exclusive defence and control of the matter.

8. Data Protection and Privacy Policy

  • 8.1 Vakart shall process the data submitted to it by Users in accordance with the provisions of the Data Protection Act 1998 and shall comply at all times with Vakart’s Privacy Policy. Vakart Limited is registered under the Data Protection Act. Our registration number is Z9721156.
  • 8.2 Vakart is the data controller of your data submitted using the 1Radio Website.
  • 8.3 Vakart reserves the right to collect, store and use information relating to your Use of the 1Radio Website. By using the 1Radio Website you consent to collection and use of this information by Vakart and to Vakart contacting you to provide you with newsletters and marketing information.
  • 8.4 Information about Users may be stored in a cookie (a small file that is sent by our web server to your computer), which can be accessed when you make return visits to the 1Radio Website.

9. General

  • 9.1 You may print and keep a copy of these Terms, which form the entire agreement between you and Vakart and supersede any other communications or advertising with respect to the 1Radio Website.
  • 9.2 These Terms may only be modified with the prior written consent of Vakart. Vakart may alter or amend these Terms at any time, with immediate effect without notice. By continuing to Use the 1Radio Website after such alteration, you will be deemed to have accepted any amendment to these Terms.
  • 9.3 These Terms and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
  • 9.4 You shall comply with all foreign and local laws and regulations which apply to your Use of the 1Radio Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
  • 9.5 You agree that because of the unique nature of the 1Radio Website and Vakart’s proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm Vakart and monetary damages would be inadequate compensation. Therefore, you agree that Vakart shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
  • 9.6 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
  • 9.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of these Terms.
  • 9.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
  • 9.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Vakart and such third parties shall not be entitled to enforce any term of these Terms against Vakart
 

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