98FM Terms Of Use

 

Welcome, these Terms of use govern the website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast on mobile phone, digital television, PDA, iOS apps, Android apps, Windows apps and RSS feeds or via links from social media sites or future advances in technology which will give our listeners an ability to access, listen, watch or read content wirelessly.

All our content is for information only and should not be relied upon. These Terms of Use are governed and construed in accordance with the laws of Ireland. We may terminate or suspend access to our services immediately, without prior notice or liability for any reason whatsoever, including without limitation if you breach our Terms of Use.

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, legal successors, warranty disclaimers, indemnity and limitations of liability.

By accessing our digital content you warrant that you are at least 18 years of age and by accessing our digital content you are deemed to be agreeing to our Terms of Use.

If you no longer accept these Terms of Use, or any future modification to these Terms of Use, you must cease using the 98FM content and delete the App.

Continued use of the 98FM by whatever means indicates your continued acceptance of these Terms of Use.

You may not directly or indirectly charge others for accessing, viewing or listening to any 98FM content, or commercialise or attempt to re-sell the 98FM content in any way, which includes advertising or selling any goods and services which offer 98FM content including any third party software applications.

The user when accessing 98FM online content is responsible for ensuring its device is capable of operating online services or APPs which we may update from time to time. We will not be responsible for your inability to download or for any distortion when users access 98FM ’s material on any online platform due to limitations specific to your device including your failure to allow the App to be updated. Certain devices and operating software may not work with 98FM’s online services. The user is responsible for obtaining, updating and maintaining its own devices, obtaining adequate and reliable internet access from a suitable service provider and all products and other equipment needed to access the internet or to download 98FM ’s Apps. We cannot guarantee that we will continue to support the operating system used by your device.”

You may be given the opportunity to register via an online registration form to create a user account that may allow you to receive information from 98FM . By registering you represent and warrant that all information that you provide is current, complete and accurate to the best of your knowledge. with 98FM ’will use the information you provide in accordance with 98FM’s privacy policy and the data protection laws of Ireland.

You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, distribute, lend, hire, sub-license, rent, make a derivative work from, make available to the public, adapt, alter, edit, re-position, frame, rebrand, change or otherwise use in any way any 98FM content in whole or in part on your product or service or elsewhere or permit or assist any third party to do the same except to the extent permitted at law.

The names, images and logos identifying 98FM , its licensors or third parties and their products and services in 98FM content are subject to copyright, design rights and trade marks (registered and unregistered) of 98FM.

You shall not add to, delete or modify any audio, video, headlines, text, links, or other content contained on 98FM ’you shall not delete or modify the 98FM ’ logos contained on video or audio of 98FM ’and you must not suggest that 98FM ’endorses you or any third party or the causes, ideas, sites, products or services of you or any third party;

All intellectual property rights (registered and unregistered) including and not limited to copyright, trademarks, design rights, patents, database rights shall remain vested in 98FM or its licensors.

If you use 98FM content as permitted by an agreement, you must provide 98FM with a credit in one of the following forms in a reasonably prominent location:

Credit to be given:

• Source – 98FM .© (year)
• Reproduced under licence from 98FM .
• You must provide a functional hyperlink back to the location of the relevant 98FM .content on the website.

Any other use of with 98FM ’marks, or of any content requires the prior written permission of with 98FM . For permission requests, please see our contact us page.

You shall not use audio or video footage in any way that changes or distorts the fundamental meaning of the content; or for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity;

You may not insert any intermediate page, splash page, pre-roll advertising or sponsorship messages, post-roll advertising or sponsorship messages, or other content between the links with audio or video and 98FM ’Services and you shall not insert any advertising or sponsorship messages adjacent to with 98FM ’footage or in any way that's suggests that the advertisement or sponsorship supports or has been placed by 98FM ’.

98FM shall not be liable in the event of a force majeure, namely circumstances beyond the control of either party which shall include but shall not be limited to transmission or other system problems, acts of God, perils of the sea or air, fire, flood drought, explosion, sabotage, accident, embargo, riot, civil or civil authority, including acts of local government and parliamentary authority.

Whilst 98FM aims to update its Content regularly, any of the Content or User Generated Content may be out of date and 98FM 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 98FM and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. 98FM 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.

User generated content can be known as participatory media, social media or citizen journalism and refers to content that is produced by our listeners as opposed to the radio station. It refers to digital video, images, mobile text messages, blogging, message boards, emails, and audio submissions or future advances in socially interactive technology.

Users of our services may be given the opportunity to interact with us and submit, call the station, post and/or upload content (including comments and pictures) in posting your content you are confirming to us that you are the owner or have consent from the owner to post the content and that the content complies with our participation guidelines and does not defame and person, company or business or violated the privacy, confidentiality, data protection rights, copyright, database rights, content rights or any other rights of any person or material relating to anybody under the age of 18.

By submitting content you irrevocably grant us an exclusive, transferable, sub-licensable, perpetual royalty free worldwide licence to use any of the content that you post on or in connection with our content and you also irrevocably waive the benefit of any moral rights you may have in any such material.

Where we have linked to other websites this is merely for ease of reference and in no way is a recommendation or endorsement for those parties, their content, products, opinions, advice, security or privacy. This also applies to advertisements appearing on our content. In no circumstances shall we be liable or responsible for any such third parties or their online content, products or services.

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms of Use constitute the entire agreement between us regarding our Content, and supersede and replace any prior agreements we might have between us regarding the Content.