East Cleveland Community Radio Limited and Zetland FM’s Terms and Conditions outline the rules and regulations regarding the use of our services including the website, communication, competitions and our broadcast output. Any use of our website (www.zetlandfm.co.uk), any form of communication and entry into any competition will be subject to the Terms and Conditions below as will using our Listen Live or Listen Again features.

 

Section 1: Website Terms of Use

1.1 – You (‘the user’) are subject to these terms at all times when accessing our website.

1.2 – Our website is available for use 24 hours a day, 7 days a week, excluding during times of maintenance.

1.2.1 – During times of maintenance, the user should not attempt to gain access to any sections of the site not made publicly visible via links or hotspots.

1.2.2 – Should a link become publicly available on our website that the user feels should be hidden, the user should contact the web team immediately. This can be done through regular contact methods.

1.3 – The user should not attempt to gain access areas of our website which request a password, where the user does not have a legitimate password issued by the web team.

1.4 – All information provided by the user on any form available on our website is subject to the terms and conditions stated in Section 4 of this document.

1.5 – Only information that is believed to be correct will be made publicly available on our website.

1.5.1 – All published information on our website is assumed, by the individual writer (‘the author’), to be accurate at the time of publication.

1.5.2 – Should the user find information that may be incorrect on our website, they are to contact the web team to inform them of the matter.

1.5.3 – The author of any published material on our website accepts full responsibility for such material when the article is made live.

1.6 – Neither Zetland FM or East Cleveland Community Radio Limited will accept any responsibility for any loss, damage or other negative values caused by any external website which may be linked to on our website.

1.7 – By accessing our website you agree that we may look-up your public IP address whenever we choose to do so.

 

Section 2: Terms of Communication with Zetland FM

2.1 – When submitting any information to Zetland FM the user subject to the terms and conditions outlined on this page.

2.2 – The user may contact Zetland FM using any form of technology advertised by the station.

2.2.1 – Forms of communication may be made via the medium of telephone, electronic mail message, social networking or via specific contact forms published on our website. Postal communication will also be accepted at our published address as well as FAX communication.

2.3 – Upon submission of any information to Zetland FM, the user agrees that the details included may be passed on to any relative individual, within Zetland FM, who may be concerned by such details.

2.3.1 – Individuals whom receive the submitted information may use the details to communicate with the user at any time.

2.4 – Zetland FM agrees to hold the information for a period of time that is no longer than the station deems necessary and promises to permanently destroy the information submitted when it is no longer deemed to be required information.

2.5 – Zetland FM promises to hold all personal information in a secure place with no third parties gaining any access to any information submitted.

2.6 – Where necessary, Zetland FM may quote or publish details submitted by the user either publicly or privately.

2.6.1 – In either case, Zetland FM will attempt to gain permission to quote or publish such details by contacting the user in the same method originally used contact with the station by the user.

2.6.2 – Zetland FM will make no more than three attempts to gain permission to quote or publish enclosed details before assuming permission and quoting or publishing any details.

2.6.3 – Personal information – such as telephone numbers, email addresses, home addresses and other such personal information – will not be made public unless absolutely necessary and permission is sought.

2.7 – By contacting us by email you agree that we may look-up your public IP address whenever we choose to do so.

 

Section 3: Competition Terms

These Terms and Conditions shall manage your use of the Zetland FM website at www.zetlandfm.co.uk

These Terms will be applied fully and affect to your use of this website. By using this website, you agree to accept all Terms and Conditions documented here. You must not use this website if you disagree with any of these Terms and Conditions.

Intellectual Property Rights

Other than the content you own, under these Terms, Zetland FM and/or its licensors own all the intellectual property rights and materials contained in this website.

You are granted a limited licence only for purposes of viewing the material contained on this website.

Restrictions

You are specifically restricted from all of the following:

publishing any Website material in any other media;

selling, sublicensing, and/or otherwise commercializing any Website material;

publicly performing and/or showing any Website material;

using this website in any way that is or may be damaging to this website;

using this website in any way that impacts user access to this website;

using this Website contrary to applicable laws and regulations, or in any way may cause harm to the website, or to any person or business entity;

engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website;

using this website to engage in any advertising or marketing.

Certain areas of this website are restricted from being accessed by you and Zetland FM may further restrict access by you to any areas of this website, at any time, in absolute discretion. Any user ID and password you may have for this website are confidential and you must maintain confidentiality as well.

Your Content

In these Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this website. By displaying Your Content, you grant Zetland FM a non-exclusive, worldwide irrevocable, sub-licensable licence to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Zetland FM reserves the right to remove any of Your Content from this website at any time without notice.

Your Privacy

Please read our Privacy Policy.

No Warranties

This website is provided “as is,” with all faults, and Zetland FM expresses no representations or warranties, of any kind related to this website or the materials contained on this website. Also, nothing contained on this website shall be interpreted as advising you.

Limitation of Liability

In no event shall Zetland FM, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this website whether such liability is under contract. Zetland FM, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website.

Indemnification

You hereby indemnify to the fullest extent Zetland FM from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Zetland FM is permitted to revise these Terms at any time as it sees fit, and by using this website you are expected to review these Terms on a regular basis.

Assignment

Zetland FM is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Zetland FM and you in relation to your use of this website and supersede all prior agreements and understandings.

Governing Law and Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the United Kingdom, and you submit to the non-exclusive jurisdiction of the courts located in the UK for the resolution of any disputes.

Competition Terms and Conditions

General

These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Term (“Terms”), together to be defined as the “Competition”, unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Terms.

 

The Competition(s) is organised and operated by Zetland FM, its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) (“us”, “we”, “our” “Zetland FM”).

 

Terms specific to each Competition are displayed in a notice included on the radio station’s website page posting for such Competition (the “Competition Notice”) and are incorporated herein.

 

Online promotions will include a tick-box for you to agree to comply with our competition terms and conditions. For broadcast promotions, your participation in the competition by phone call, text message, email or social media interaction will be taken as an indication that you agree to comply with the terms and conditions. Where promotions are broadcast we will aim to remind listeners of the need to read these terms and conditions online.

 

In the event of a discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.

 

If you are participating in our competitions through an iOS device, Zetland FM would like to make it clear that Apple is not involved in any way with the competition or prize draw, and is not a sponsor of the promotion.

Qualifying Entrants

Entrants must be aged 16 or over unless otherwise stated.

 

Unless otherwise stated in the Competition Notice, our competitions are open to residents of the following postcode areas: TS1, TS2, TS3, TS4, TS5, TS6, TS7, TS8, TS9, TS10, TS11, TS12, TS13, TS14, TS15, TS16, TS17, TS18, TS19, TS20, TS21, TS22, TS23, TS24, TS25, TS26, TS27, TS28, TS29. Proof of address may be required from prize winners to verify that their home address is within the postcode areas set out above.

 

Zetland FM employees/volunteers (and immediate family) are not eligible to enter the competition.

 

Employees/Volunteers (and immediate family members) of any company involved in the competition or, if relevant, any advertising agency connected with the competition are not eligible to enter the competition.

 

No person/s at the same address may win more than one “prize” valued at £25 or more via any of Zetland FM Competitions in any six (6) month period.

 

No person/s at the same address may win more than one “prize” under the value of £25 via any of Zetland FM Competitions in any thirty (30) day period.

 

Within a three hundred and sixty five (365) day period you cannot win any more than 4 prizes no matter the value.

 

Additional eligibility requirements may apply to a specific competition, e.g. a valid passport, visa and/or driver’s licence. Provision of such documents will be required if the Competition prize includes travel outside the United Kingdom and/or car hire.

 

By entering the competition, you hereby warrant that all information submitted by you is true, current and complete.

 

We assume that by using our site and entering the competition (and you warrant that) either you have legal capacity to enter the competition and agree to the Terms (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your entry of the competition and use of these Terms.

 

We reserve the right to disqualify any entrant if we have reasonable grounds to believe the entrant has significantly breached any of these terms and conditions.

 

In the event that any entrant is disqualified from the competition, in our sole discretion we may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Terms.

 

By signing the Agreement, you confirm and warrant that, to the best of your knowledge, you have no medical condition that could be adversely affected by any of the events or activities planned or reasonably expected to be involved in the Competition.

 

You must take all reasonable steps to ensure your own health and safety. Any behaviour or act or conduct by you (including without limitation any abusive behaviour, physical or psychological) that Zetland FM considers to pose any medical, security or safety risk may lead to your immediate disqualification.

 

You agree not to carry on your person (or in your possession or control) or to purchase or consume during the Competition any illegal substance. You acknowledge and agree that alcohol consumption will only be allowed with the express prior consent of Zetland FM and any health and safety team, who will have full authority to restrict your levels of consumption

 

Competition Entries

Entry is restricted to one entry per person, per competition, per day; unless otherwise stated duplicate entries will be removed.

 

Incomplete or indecipherable entries will be void.

 

Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry.

 

There is no purchase requirement to enter a Competition.

 

Where entries are made via a coupon or form it is not acceptable to submit photocopies. Photocopies will be void.

 

Source material used by Zetland FM question compilers shall be taken as correct.

 

Where the option to enter via SMS exists, there is a tariff attached and the answer does not rely on skill, you are entitled to enter for free via our website (link will be on the competition page).

 

Competition entries submitted by SMS may require the user’s name and postcode. Incomplete entries may not be eligible and may be disqualified.

 

Proof of posting cannot be accepted as proof of delivery. We cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside our control.

 

Entrants should note that unless stated otherwise by us, we do not accept responsibility for the return of any Competition entries, including those consisting of artistic or other material, and may dispose of entries at our discretion.

 

Entrants must seek the permission of the billpayer before calling or texting.

 

During time-restrained ‘Register To Play’ and ‘text to win’ contests, which will be clearly labelled on air, listeners must call/text during the stated registration period. A randomly selected caller will be phoned back to participate in the contest. If the caller does not answer their phone within 60 seconds or the call goes to their voicemail, Zetland FM may disregard their entry and select a new caller. If there is no specific time-restraint during the competition start and end date, you may register on our website at any time, enter via text at any time or email us at any time. You will be informed on our registration form and on-air when the competition starts and closes. Entries submitted outside these specified competition start and end dates/times may not be counted.

 

Prizes

Prize winners will be chosen at random unless specified otherwise in the Competition Notice, from all qualifying entries within 28 days of the closing date specified in the Competition Notice. Tiebreakers, disputes, conflicts, questions or concerns will be managed by a member of our staff and, if required by law, by an independent adjudicator. In all matters, the decision(s) shall be final and no correspondence or discussion shall be entered into.

 

Prize winners will be notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded.

 

Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.

 

Prizes are non-transferable and there is no cash alternative. We reserve the right to substitute prizes of equal or greater value at any time.

 

We reserve the right, in our absolute discretion, to request proof of identity in the form of your passport, driving licence and a utility bill bearing your address.

 

Prizes are awarded at our discretion and prizes may be withheld in the event of improper actions by or on behalf of any entrant.

 

Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. We reserve the right to request written proof of age of any winner.

 

All prizes will be presented to winners via the UK mail service unless otherwise noted. Zetland FM does not accept any liability or claims for prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.

 

We will not be responsible for replacing a prize if a concert or ticketed event has been awarded as a prize and the concert or event is cancelled or postponed.

 

Prizes must be taken in accordance with the dates and destinations and number of passengers specified by Zetland FM. There will be no cash alternative. There will be no alternative destination.

 

Section 4: Listen Live, Listen Again and broadcast output

4.1 – All of our live broadcast output is normally available on our website through the Listen Live page.

4.1a – Use of the word “Live” covers any live or pre-recorded programme broadcast for the first time, or on a repeat basis, where it forms part of our normal schedule.

4.1b – Rule 4.1a also allows for any programme to be substituted with another to fill a gap in our schedule (eg to cover illness)

4.2 – Subject to the appropriate rights, this content will also be made available on our Listen Again page for a period of up to seven days.

4.2.1 – Some special and one off programmes may be available for a longer or shorter duration.

4.2.2 – We reserve the right to remove content from the Listen Again service at any time and without prior notice.

4.2.3 – We do not provide copies or transcripts of our programmes except via our Listen Again service.

4.3a – Unless we state otherwise, all our broadcast output is copyright and must not be recorded, downloaded, saved, archived, stored in a retrieval system, re-distributed or re-broadcast without our express permission.

4.3b – Rule 4.3a also applies to our output which is broadcast via another radio service (whether a live simulcast or time shift)

4.3.1 – By listening to Zetland FM (either via our online streams, on FM (where available) or on Listen Again) you agree to these terms and conditions.

4.4 – We always strive to provide a service that is available 24 hours a day, however there may be occasions when, due to maintenance, our service isn’t available.

4.4.1 – Whenever possible we will always try to give as much notice of any downtime as we can. This notice will be given verbally on air, on our website and our connected social media networks.

4.4.2 – Where possible, we will also try to provide alternative methods of listening (e.g. third party apps such as Tune In or Pure Connect) should one particular source fail.

4.4.3 – These alternative listening methods will be promoted verbally on air, on our website and our connected social media networks.

4.4.4 – As third party apps are outwith our control, we cannot guarantee their availability or suitability.

4.4.5 – We have tried to provide as many different stream formats as possible, to cater for as many devices as possible.

4.4.6 – Listen Live links on our website support the use of Flash, together with Windows Media, iTunes, Winamp, Real Media and Quick Time.

4.4.7 – We do not guarantee 100% compatibility with every single computer and/or device.

4.4.8 – Whilst we will always try to assist with any listening problems, it is ultimately up to the listener to ensure their device is compatible.

4.4.9 – Neither Zetland FM or East Cleveland Community Radio Limited will be held responsible for any loss or damage caused, whether directly or indirectly, through accessing audio via our website.

4.4.10 – We are aware that other radio services re-broadcast our output. Should you choose to listen via another radio service, we will be unable to assist with any technical or listening problems.

4.4.11 – As other radio services are not under the control of Zetland FM, we cannot guarantee the availability of any radio programme being broadcast or re-broadcast.

4.4.12 – Any questions regarding technical issues or our programme availability via another radio station, should be addressed to the station in question.

4.5 – Should we be made aware of any abuse of our service (for example, but not limited to rule 4.3) we reserve the right to block any user from accessing our website or internet streams.

4.6 – By listening to and accessing our broadcast content online you agree that we may look-up your public IP address whenever we choose to do so.

4.6a – You also agree that we may use your IP address to gain information about your location for statistical purposes. (eg to report how many users access our services from specific countries).

4.6b – You also agree that we may pass on your location information to the bodies that licence Zetland FM so they can calculate licence fees etc.

4.6c – You also agree that we may be required to block your access to our services by the licensing bodies if your location falls into an area we are not allowed to broadcast to.

4.6d – Wherever possible, we will always try to notify listeners (via our website, on air, or on social media) if any such block is due to be put in place, however, we may not always be able to do this.

 

The above terms and conditions are subject to change at any time. While we will always try to notify users of any change, we reserve the right not to. It is ultimately up to each user of our service, visitor to our website or listener to check for any updates on a regular basis.

 

Last updated: 22/04/2018