BAUER MEDIA GROUP:
WEBSITE & App TERMS OF USE
1. USE OF WEBSITE
This website ("Site"), is a website owned and operated by Bauer Media Group, which consists of:
Bauer Radio Limited, with company number 1394141 whose registered address is Media House, Peterborough Business Park, Lynch Wood, Peterborough, PE2 6EA;
H Bauer Publishing, with company number LP003328 and whose registered address is Media House, Peterborough Business Park, Lynch Wood, Peterborough, PE2 6EA; and
Bauer Consumer Media Limited, with company number is 01176085 and whose registered address is Media House, Peterborough Business Park, Lynch Wood, Peterborough, PE2 6EA (VAT Registration Number is 918561701).
("Bauer", "we", and "us").
These terms of use ("Terms of Use") (together with the documents referred to herein) set out the terms on which you may use our Site and the radio player accessible via our Site or one of our apps (the “Radio Player”), whether as a guest or as a registered user. Please read these Terms of Use carefully before you start to use the Site or Radio Player. By using or accessing our Site or Radio Player (whether you access the Site or Radio Player on your computer or on a handheld mobile device), you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to be bound by these Terms of Use, please do not use our Site or Radio Player.
Please read our privacy policy ("Privacy Policy") which explains how we will use any information about you that we receive, and our cookie policy which explains how we use cookies The Privacy Policy and the Cookie Policy form part of these Terms of Use.
Additional terms may apply to services offered by us ("Additional Terms"). These Additional Terms will be set out at the point of access to the relevant service but also form part of these Terms to the extent that they are applicable. If there is any inconsistency between the Additional Terms for a particular service and the Terms of Use, the Additional Terms will take precedence to the extent that there is any inconsistency.
2. REGISTRATION and personal data
Certain parts of our Site or Radio Player may require you to register as a member and/or to otherwise provide certain information about yourself (for example, you will often be asked to provide certain information when you enter a competition made available via this Site). When you submit such information, you agree to:
a. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being "Registration Data").
If you register for a member account, you will only be asked to enter your details on registration (but you may be asked to give your details again when you enter a competition) and you agree to maintain up-to-date Registration Data (by sending an appropriately worded email to dataprotectionofficer@bauermedia.co.uk) to keep it true, accurate, current and complete.
Our use of Registration Data and certain other information about you is subject to our Privacy Policy. All personal information held by us will be held in accordance with UK data protection laws.
When you register for an account on our Site, you will be asked to give a unique username and/or password that gives you access to your website account. You are responsible for maintaining the confidentiality of your username and password (as applicable), and are fully responsible for all activities that occur through your website account. You agree to (a) immediately notify us if you become aware of any unauthorised use of your password or website account or any other breach of security by sending an appropriately worded email to dataprotectionofficer@bauermedia.co.uk and (b) ensure that you exit your website account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
3. COMMUNITY FEATURES
Our Site may, from time to time, provide you with certain interactive community features, provided by our third party affiliate companies (such as Facebook, Disqus or Twitter, "Partners"), which enable you to upload and share comments about Content provided on our Site. Before you will be able to use these community features and upload your comments, you may need to register with one of our Partners and each time you use those community features, you will need to be logged into your account with the Partner. We will do our best to make it clear on our Site when community features are provided by our Partners and not by us.
When you click to register with one of our Partners, you leave our Site and enter a third party site, and you are registering with and submitting your personal data to another company. Partner sites have their own terms of use and privacy policies, which may differ from our own. You will need to comply with the terms of use and privacy policies available on the applicable Partner site that you have registered with and we recommend you familiarise yourself with them before you submit your personal data and register with that Partner.
Please be aware that our own Privacy Policy does not apply to our Partners or to their treatment of your personal data. We have no control over how the personal data you submit to a Partner is processed, stored or used.
Comments posted on our Site form part of your User Content so must comply with the Rules of Acceptable Use set out in these Terms of Use.
4. Premium subscription
To sign up for the premium service will require a monthly subscription free of £3.99 (“Paid Subscription”) You may purchase a Paid Subscription through a third party such as Apple, Google or Stripe, in such cases separate terms and conditions in addition to these, may apply.
We offer one 30 days free Trial (“Free Trial”) per User account, to take this Free Trial we will require you to provide your payment details to start the Free Trial. By providing these details you agree that we may automatically begin charging you for the Paid Subscription on the first day, following the Free Trial and thereafter on a recurring monthly basis. If you wish to cancel the Paid Subscription before the end of the Free Trial you need to do it the same way that you subscribed, meaning if you signed up for the 30 days free Trial via web you need to cancel via web, and if you signed up via app you need to cancel via app.
If you have signed up for the Free Trial through a third party, you must cancel through the third party.
You can cancel your Paid For Subscription at any time. The cancellation will take effect that day after the last day of the current Paid
If you wish to cancel your Paid Subscription you need to do it the same way that you subscribed, meaning if you signed up via web you need to cancel via web, and if you signed up via app you need to cancel via app.
With premium there will be no ad-breaks, meaning you receive additional music during the ad break. However, there will still be sponsorships and competitions within Premium.
With Paid Subscription you will have access to premium across Planet Rock, Kerrang, Jazz FM, Kiss, Absolute & Scala on web, app and supported smart speakers.
On app and web premium will include radio with no ad breaks, additional radio stations and radio shows on-demand.
On Amazon Alexa devices, premium will include access to premium radio stations with no ad breaks by app to app account linking in the app you are using. This can be accessed in the setting menu by pressing the "Link account with Alexa" menu item or directly via your Amazon Alexa
On Google Home devices, premium can be streamed by Chromecast within the app
On Apple devices, premium can be streamed by Apple Airplay
With a premium you will be able to skip tracks on app and web for live radio and the additional radio stations up to 6 times per hour.
The skip function will be disabled in some shows with special programming.
5. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the content of our Site and Radio Player (including without limitation, software, graphics, text, data, images, designs, compilations, databases, targeting information, interactive features, advertisements, and the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyright material (including source and object code), and all other materials related to our Site) (the "Content") is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. Bauer (and/or our licensors) own the Content.
Use of any automated system or software to extract Content (in whole or in part) from our Site ("screen scraping"), for commercial or non-commercial purposes, is prohibited, unless we have given our express written agreement.
Nothing in these Terms of Use grants you a right or licence to use the Content except as expressly provided in these Terms of Use.
Subject to strict compliance with these Terms of Use, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable licence to use our Site and/or our Radio Player and to view, download for caching purposes only, and print pages from our site for your own personal, domestic use. You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
5. YOUR CONTENT
"User Content" means material (including without limitation text, images, clips, videos, comments, posts and any underlying material) uploaded, shared or submitted to our Site by any user.
Whenever you upload User Content to our Site, or make contact with other users of our Site, you must comply with our Rules of Acceptable Use, set out in section 6 of these Terms of Use below. You warrant that any such contribution complies with those rules and standards, and you indemnify us for any breach of that warranty.
You shall remain the owner of the copyright in any original User Content that you upload, share or submit using our site. The permission you grant to us below is not exclusive. You may continue to use your own User Content in any way, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us in these Terms of Use, of them.
With respect to User Content that you upload, share or submit to our Site, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display that content and/or to incorporate it in other works in any form or media (whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio) and you acknowledge and accept that your User Content may be used for advertising and/or sponsorship.
You shall remain the owner of the copyright in any original User Content that you upload, share or submit using our Site. You may continue to use your own User Content in any way you choose, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us under these Terms.
You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Content you upload, share or submit, even if the User Content is modified, altered or changed in a way which is not agreeable to you.
When you upload, share or submit User Content via our Site you accept that you are making your it available to the general public. This means that both non-registered and registered users may be able to view and access your User Content. Please do not upload your User Content if you do not want it to be available to the general public.
You are solely responsible for securing and backing up your content.
You warrant to us that:
i. User Content you upload, share or submit to the Site is your own original work and you own the entire right, title and interest in and to the User Content and/or you have all necessary licences, rights, consents and permissions to use, and to authorise us to use the User Content as contemplated by these Terms of Use;
ii. no further payments, monies, fees or royalties are or shall become due to any third parties relating to, arising out of, or in connection with our exploitation of your User Content in the manner contemplated by these Terms of Use;
iii. your use of the Site complies with the Rules of Acceptable Use set out in section 6 of these Terms of Use below; and
iv. your User Content (in whole or in part) does not defame any third parties or infringe upon the copyright or other intellectual property rights, or rights of privacy of any third parties.
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about content uploaded by other users please contact us on complaints@bauermedia.co.uk.
Bauer accepts no responsibility for any statements, material (including User Content) or other submissions placed on our Site by you or any third party user, or for any loss or damage resulting from your breach of the above Rules of Acceptable Use.
We do not monitor the submission or publication of User Content or users' use of our Site.
We reserve the right to edit or remove any material including User Content uploaded, shared or submitted using our Site, for any reason whatsoever.
6. RULES OF ACCEPTABLE USE
Use of our Site and/or Radio Player that is inconsistent with the following Rules of Acceptable Use is strictly prohibited. By your use our Site and/or Radio Player, you are deemed to accept our Rules of Acceptable Use.
1. Key Rules
Your use of our Site and/or Radio Player is subject to the following (non-exhaustive list of) key rules. You must not:
o use our Site and/or Radio Player for any illegal or unlawful purpose (you must comply with these Terms and with all applicable laws and regulations at all times);
o use our Site and/or Radio Player for any purpose other than your own private or domestic purpose;
o use our Site to solicit information from anyone under the age of 18;
o alter, adapt, modify, copy or create a derivative work from our Content.
2. Rules for use of our Radio Player – Not to be accessed outside of the UK
Our Radio Player is strictly available for your non-commercial use in the UK only. For licensing reasons, it should only be accessed and used from your personal computer or, if you are accessing it from a handheld portable device, you should only use the functionality that enables you to pause and replay our radio simulcasts in your own home.
We reserve the right to edit or remove without notice any Content on or functionality of our Radio Player, for any reason whatsoever.
3. Rules for user content
Comments, message boards, personal profiles and any discussion forums or pages on our Site where you are capable of posting User Content are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Any use of our Site that is inconsistent with those stated purposes is strictly prohibited.
Your use of these forums is subject to the following rules which, by your use of the forums and the site, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):
You must not upload, share or submit any User Content that
i. includes obscene or offensive language or images;
ii. is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate;
iii. has been disclosed to you in confidence or which, by its nature, is confidential;
iv. upload, share or submit any User Content on our Site (including but not limited to contact details, last names, telephone numbers, street addresses or other identifying information of private individuals or public figures) which compromises the privacy or security of anyone other than yourself;
v. may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;
vi. belongs to any person (or where the rights in it or to it belong to any person) other than yourself without the prior written consent of the owner of that User Content;
vii. if used by Bauer, or any third party licensed or permitted by Bauer, will give rise to any third party claims;
viii. directly or indirectly suggests any endorsement or approval by Bauer of a product, service, content or any belief or opinion expressed within a product or service;
ix. comprises of a link taking users to unlawful material or material that otherwise contravenes these Rules of Acceptable Use;
x. comprises an advertisement, or commercial solicitations, including using our Site to promote or encourage the sale of your goods/services);
xi. authorises, enables or encourages the dissemination of junk mail or chain letters.
4. Rules for registered users
You must not:
i. register or attempt to register as a member of our site unless you are at least 13 years old.
ii. use our site to solicit information from anyone under the age of 18;
iii. impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other site users;
iv. upload, share or submit User Content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
v. attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site;
vi. alter, adapt, modify, copy or create a derivative work from the Content; or
vii. upload, share or submit any User Content that authorises, enables or encourages the dissemination of junk mail or chain letters.
Bauer accepts no responsibility for any statements, material (including User Content) or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
We reserve the right to edit or remove any material and User Content uploaded, shared or submitted using our site, for any reason whatsoever.
Notwithstanding our rights under these Terms of Use in relation to User Content, we do not undertake to monitor the submission or publication of User Content or users' use of our site.
7. COMPETITIONS
Competitions and other promotions are subject to additional terms. Please click here to view the general terms and conditions which apply to all of our competitions and which specifically form part of these Terms of Use ("Competition Terms"). The Competition Terms may be varied or supplemented by Additional Terms specific to each particular competition or promotion. Any Additional Terms will be brought to your attention when appropriate and prior to you submitting your entry for the Competition.
9. LINKING TO OUR WEBSITE
We welcome 'hot links' and deep-links to our Site, by which we mean that you may include a link to any page of our Site on other websites, provided that you do not use such link in any way which would imply partnership, affiliation, endorsement or sponsorship of any service or product or which may bring us or any other brands in our group into disrepute. You may not display the Content or allow it to be displayed, framed or otherwise surrounded by material not originating from us without our consent. The website in which you are linking must comply in all respects with the content standards set out in our Rules of Acceptable Use (section 6 of these Terms of Use). If you would like to license our material, please email syndication@bauermedia.co.uk.
10. FEEDS TO OTHER WEBSITES/RSS
If you operate your own website, you can display the latest headlines from other websites on your own websites using RSS.
We encourage the use of feeds as part of your website, provided that the proper format and attribution is used when any of our Content appears. You may not use any Bauer logo or other trademark alongside the RSS feed.
We reserve the right to prevent the distribution of content using RSS. We do not accept any liability arising from your use of the feeds or from any inaccuracy or omission in the content or interruption in availability.
11. THIRD PARTY LINKS
In addition to the Partner(s) that we may use for “community features” parts of our Site may also contain hyperlinks to websites and resources owned and operated by third parties. These third party websites and resources have their own terms of use and privacy policies which you should comply with. We have no control over third party websites or resources and we are not responsible for the availability of such websites and resources. We do not accept any responsibility or liability for any third party websites or resources and your access and use of such services and content is at your own risk.
Third party links are provided to you for convenience only and do not imply that Bauer endorses, is affiliated or associated with any such website, or is legally authorised to use any intellectual property accessible through such links.
12. COMPLAINTS
Bauer is a member of the Independent Press Standards Organisation (IPSO). If you have a complaint about editorial content on this site or contained in any print magazine to which this site relates, you should refer to our Editorial Complaints Policy (which provides the contact details for complaints covered by that Policy and IPSO’s contact details)
Any complaints not covered by our Editorial Complaints Policy (for example those related to User Content) can be reported by sending an email to either: legal@bauermedia.co.uk but should always outline the subject of your complaint and in the case of complaints relating to a webpage (if possible) include a link to where the webpage which is the subject of your complaint may be easily located.
Please note that we do not view, edit or pre-screen any User Content before it is uploaded to our Site (including User Content).Some User Content may comprise comments, reviews and/or feedback (“Comments”) relating to you, which may be critical or defamatory towards you. We assume no responsibility or liability for any Comments or User Content uploaded or published by users.
We have the right (but not the obligation) at our sole discretion to refuse to upload or to remove any Content, Comments, or other User Content uploaded, shared, submitted or posted on our Site and/or Radio Player without the need to state our reasons for doing so.
You can report any abuse or complain about any Content, Comments, User Content or other Content on our Site and/or Radio Player by sending an email to dataprotectionofficer@bauermedia.co.uk giving full details of the abuse or complaint, including:
o your full name (or the full name of the alleged victim/complainant and confirmation that you are authorised to act of their behalf);
o a description of the Content or User Content that is the subject of your complaint and an explanation of why you object to it;
o information reasonably sufficient to permit us to locate the User Content / Content in question on our Site or Radio Player (including a URL specifying the date our Site and/or Radio Player was accessed and/or a screen shot);
o information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details may also be provided to the user that has submitted any User Content complained of so that they may contact you directly, in order to attempt to resolve the complaint amicably);
o your electronic or physical signature (which may be a scanned copy); and
o your confirmation that the information in the notification is true and accurate.
13. NOTICE AND TAKEDOWN
If you are a rights owner (or acting on behalf of a rights owner) and believe that any User Content / Content infringes your copyright or other intellectual property right you must provide us with a written notice by email to dataprotectionofficer@bauermedia.co.uk which states:
i. that you are the rights owner or are authorised to act on the rights owner's behalf;
ii. that you have identified Content or User Content on our Site and/or Radio Player which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the Content/User Content in the manner complained of is not authorised by you, the rights owner's agent or by law;
iii. a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a video clip) and any relevant further details;
iv. a description of the way in which the copyright material has been infringed;
v. information reasonably sufficient to permit us to locate the Content/User Content in question on our Site and/or Radio Player (including a URL specifying the date our Site and/or Radio Player was accessed and/or a screen shot);
vi. information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details may also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);
vii. your electronic or physical signature (which may be a scanned copy); and
viii. that the information in the notification is true and accurate.
Our 'notice and takedown' and/or complaints procedures are regulated by law. There may be negative consequences if you falsely allege User Content/Content is infringing copyright or is defamatory or send a copyright infringement notice to us in bad faith. We recommend that you take legal advice before sending a copyright infringement notice or defamation complaint, especially if you are unsure about your rights in the User Content / Content, or whether there has been an infringement of your rights.
We have a policy of terminating the user accounts of repeat copyright infringers or persons that are the subject of frequent user complaints. A repeat offender is either:
o a user who has submitted two or more items of User Content for which Bauer receives a copyright infringement notice in accordance with this section; or
o a user who has submitted two or more items of User Content for which Bauer receives a complaint in accordance with this section.
If your account is terminated in accordance with this provision then, you must not register or attempt to register a new user account. You agree to keep us fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a breach of this clause.
14. ADVERTISING AND SPONSORSHIP
Our Site and Radio Player may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Site and / or Radio Player complies with applicable laws and regulations. We do not assume responsibility for any error or inaccuracy in any advertising or sponsorship material.
15. TERMINATION AND SUSPENSION
We reserve the right to modify, suspend or discontinue any service offered by us or any part of a service (including the availability of any features or pages of our Site or Radio Player) at any time and without notice or liability to you. We are also entitled to suspend or terminate your membership or access to any part of our Site or Radio Player at any time if you breach these Terms of Use.
Notwithstanding the above, we will try to warn users that their access to our Site, Radio Player and/or their membership may be suspended or terminated.
User Content that you have uploaded, shared or submitted using our Site may still appear on our Site even after your registration has terminated. We shall continue to have the right to use your User Content in accordance with the licence granted to us under these Terms of Use.
16. DISCLAIMER
You use our Site and/or Radio Player and the services offered by us at your own risk. Our Site and/or Radio Player, the Content, the User Content and other services offered by us are provided "as is" and on an "as available" basis. The Content and information displayed on our Site and/or Radio Player is provided without any warranties as to its completeness or accuracy.
We do not guarantee that our Site and/or Radio Player, the Content, the User Content or any services offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.
To the fullest extent permitted by law, Bauer (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of our Site and/or Radio Player, including, without limitation, any liability for:
i. loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
ii. wasted management or office time; and
iii. any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
Nothing in these Terms of Use excludes or limits our liability for:
a. death or personal injury caused by our negligence;
b. the tort of deceit; or
c. any other liability which cannot be excluded or limited under applicable law.
17. INDEMNITY
You agree to indemnify us and keep us fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of our Site and/or Radio Player, the Content, the User Content or any services offered by us, or arising from any breach of these Terms of Use by you or your violation of any law or third party rights.
18. VARIATION
We reserve the right to vary these Terms of Use from time to time at our sole discretion. Such variations will become effective immediately upon the posting of the varied Terms of Use on our Site. By continuing to use our Site and/or Radio Player you will be deemed to accept such variations.
Please check our Site regularly to ensure you are familiar with the current version of the Terms of Use and our Privacy Policy. The date that the Terms of Use are published is detailed below. If you do not accept any of the modifications, revisions or amendments to these Terms of Use, you should stop using our Site and our Radio Player and the services offered by us immediately.
19. SEVERABILITY
If any term of these Terms of Use is held to be unlawful and/or unenforceable, it shall be severed and deleted from these Terms of Use and the remainder of these Terms of Use shall remain valid and enforceable.
20. EXCLUSION OF THIRD PARTY RIGHTS
These Terms of Use are not intended to benefit or be enforceable by any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to them.
21. ENTIRE AGREEMENT
These Terms of Use, together with our Privacy Policy, Competition Terms and any Additional Terms, constitute the entire agreement between you and us in relation to your use of our Site and/or Radio Player and supersede all previous agreements in respect of such use.
We may amend, update or otherwise change, at any time and without prior notice, any or all of the Terms of Use, the conditions and/or the provisions included in this site. Please check the contents of these Terms of Use periodically for changes. Your continued use of this site, or of any part thereof following the posting of any changes to the Terms of Use, constitutes acceptance of those Terms of Use and of any subsequent changes. Each such amendment shall become automatically valid and enforceable at the time when first displayed by us in the Site.
22. LAW AND JURISDICTION
These Terms of Use are governed by English law, and any disputes will be subject to the exclusive jurisdiction of the English courts.