Please read this carefully. By accessing the web websites owned The Fourway Media Group you are agreeing to our terms and conditions set out below, whether or not you register as a user. If you do not agree to these terms and conditions of use, please do not use the websites.
The Websites are owned and operated The Fourway Media Group. As a user, you will be able to access material on most areas of the Websites without going through the registration process. The Fourway Media Group reserves the right to suspend or terminate your access and use of the Websites (in whole or in part) at any time in its sole discretion without notice.
2. Use of Content and Linking to the Websites
All material on the websites content belongs to The Fourway Media Group, unless where otherwise specified users should assume that all content is owned by The Fourway Media Group. No material from the websites may be copied, reproduced, republished, uploaded, transmitted or distributed in anyway, and may only be used for your personal, non-commercial use. Modification of the Content or other prohibited use of the Content is a violation of The Fourway Media Group’s copyright and other proprietary rights. You may not create any link from or to our Websites without The Fourway Media Group’s prior written consent.
On registration, you must provide The Fourway Media Group with accurate, complete registration information and it is your responsibility to inform The Fourway Media Group of any changes to that information (including in particular your e-mail address) by using the edit details function available on the websites to which you are registered. Each registration is for a single user only. On registration, you should choose a user name and password. The Fourway Media Group does not permit any of the following:- any other person sharing your user name and password; or access through a single name and password being made available to multiple users on a network. You are responsible for all use of the websites made by you or anyone else using your user name and password and for preventing unauthorised use of your ID.
The websites include discussion groups and other public areas that allow feedback to The Fourway Media Group and interaction between users and The Fourway Media Group journalists (“Forums”). Whilst The Fourway Media Group does not control the information/materials posted to Forums by users, it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the messages and to terminate your access to and use of the Forums and you waive any moral rights that you may have in regard to the messages. You are solely responsible for the content of your messages. You must comply with any additional rules posted by The Fourway Media Group on a Forum. In particular, you may not:- post, link or otherwise publish any messages containing any form of advertising or promotion for goods and services or any chain messages or “spam”; post, link or to otherwise publish any messages with recommendations to buy or refrain from buying a particular item or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any item; post, link to or otherwise publish any messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which may contain any other form of illegal content; post or otherwise publish any messages that contain a virus or other harmful component or otherwise contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the website or any computer software or equipment; disguise the origin of any messages or impersonate any person or entity or misrepresent any affiliation with any person or entity or collect or store other users’ personal data; post or otherwise publish any messages unrelated to the Forum or the Forum’s topic. By submitting messages to any Forum you agree to indemnify and hold harmless The Fourway Media Group from all claims, costs, liabilities and expenses (including legal expenses) arising out of any messages posted or published by you that are in breach of these terms. The Forums contain messages submitted by users over whom The Fourway Media Group has no control. The Fourway Media Group cannot therefore guarantee the accuracy, integrity or quality of any messages. Some users may breach these terms and post messages that are misleading, untrue or offensive. You accept to bear all risk associated with your use of the Forum and should not rely on messages in making (or refraining from making) any decisions. Emails/messages will be removed or modified if we consider them to be libellous or abusive and we reserve the right to take legal action (including where appropriate criminal prosecution) against those posting such messages. The Fourway Media Group journalists (who will be clearly identified as such) will also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain messages from special guests selected by The Fourway Media Group. The opinions of those The Fourway Media Group journalists and special guests are their own and are not necessarily endorsed by The Fourway Media Group. They should not be considered by you as professional advisers. By submitting messages to any Forums you are granting The Fourway Media Group a perpetual royalty free non-exclusive license to reproduce, modify, translate, make available, distribute, and sub-license the message in whole or in part. This may include personal information such as your user name and alias and your expressions of opinion. The Fourway Media Group reserves the right to contact you by e-mail with regard to your use of the Forums. You acknowledge that it is not possible for The Fourway Media Group to fully and effectively monitor when messages infringe the copyright of a third party or other third party rights.
5. News by E-Mail
The Fourway Media Group gives you the option to subscribe to its e-mail news service. Your use of the contact received through the e-mail news service will be subject to these terms.
6. Software and Java Security
If you use links from the websites to an authorised connected site not operated by The Fourway Media Group to download software from the websites or any other material, files, images or data, you acknowledge and agree that The Fourway Media Group has no responsibility in connection therewith, and does not transfer title to you.
7. Limitation of Liability
The content is for your general information and use only and is not intended to address your particular requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by The Fourway Media Group and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. Any arrangements made between you and any third party named on the websites are at your sole risk and responsibility. Because of the number of sources from which The Fourway Media Group obtains content and nature of electronic distribution via the internet, The Fourway Media Group does not give any warranties in respect of the websites, content, software or services available through the websites. In particular, the Site Services are provided on an “as is” basis. To the extent allowed by applicable law, The Fourway Media Group hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, The Fourway Media Group makes no warranty that the Site Services are free from infection by viruses or anything else that has contaminating or destructive properties. To the fullest extent allowed by applicable law, you agree that The Fourway Media Group will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith or for any other indirect, special, or punitive damages whatsoever) that arise out of or in connection with the Site Services or any breach of these terms by The Fourway Media Group, even if The Fourway Media Group has been advised of the possibility of such damages. The Websites contains links to the other websites provided by independent third parties, either directly or through frames. Where possible, The Fourway Media Group will make clear such links are being made, although Third Party Websites may be co-branded with The Fourway Media Group and so include The Fourway Media Group’s trademarks. The Fourway Media Group is not responsible for the availability or content of Third Party Websites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Websites. Notwithstanding the provisions of this section, The Fourway Media Group’s liabilities will not be limited in the case of death or personal injury directly caused by The Fourway Media Group’s negligence.
9. Changes to these Terms
The Fourway Media Group reserves the right, at its discretion, to make changes to any part of the Websites or these terms. When these terms are changed, The Fourway Media Group will publish details of the new terms as updated from time to time. By using the websites, you are agreeing now to be bound by those changes and revised terms.
10. Advertising and Sponsorship
Part of the Websites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Websites complies with applicable law and regulation. The Fourway Media Group will not be responsible for any error or inaccuracy in advertising material.
11. Third Party Copyright
Some of the content is the copyright of the following third parties, who reserve their rights. All such third parties shall be entitles to enter the benefit of these Terms in respect of their content as if they were “The Fourway Media Group” herein and shall be bound accordingly.
12. General and Definitions
You may not assign, sub-license or otherwise transfer any of the rights under these terms. If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not effect the validity of the remaining provisions of these terms, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.
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 Fourway Radio, its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) (“us”, “we”, ”our” “Fourway Radio”).
Terms specific to each Competition are displayed in a notice included on the radio station’s website web page posting for such Competition (the “Competition Notice”) and are incorporated herein. In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
We reserve the right to cancel or amend the Competition, the Competition Notice or these Terms at any time without prior notice. Any changes will be posted either within a Competition Notice or these Terms. A copy of the Terms may also be obtained by sending a stamped self-addressed envelope addressed “Competition Terms” to the production company.
In the event of any dispute regarding conduct, results and all other matters relating to a Competition, our decision will be final and no correspondence or discussion shall be entered into.
To qualify to enter the Competition you must be resident in a country where the programme is broadcast.
Employees of any broadcaster station, Fourway Media Group or any company involved in the Competition or, if relevant, any advertising agency connected with the competition are not eligible to enter the Competition.
Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas 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), which The Fourway Media Group or subscriber stations 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 The Fourway Media Group or subscriber stations and any health and safety team, who will have full authority to restrict your levels of consumption.
Only one entry per person per Competition is allowed. 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.
Source material used by Fourway Media or subscriber stations question compilers shall be taken as correct.
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.
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 a 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. Fourway Media 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 Fourway Media or subscriber stations. There will be no cash alternative. There will be no alternative destination.
Holidays are non-transferable. Holidays are subject to availability. You must hold a valid UK passport with at least 6 months’ further duration (or competition entry will be invalid).
Holidays are not available to persons under the age of 18 without the express prior written permission of Fourway Media.
All holidays must be taken within 6 months of the date of the competition or will be deemed invalid.
You must comply with the terms and limitations of any insurance policy relating to the holiday.
You must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the Prize. In particular, you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
You are not entitled nor authorised in any way to commit Fourway Media, its subsidiary companies or any subscribing stations to any contract, expense or cost entered into or incurred without its advance written acceptance of the same. No variation of these Terms is effective unless approved by an authorised representative of Fourway Media, its subsidiary companies or any subscribing stations in writing.
Passport control and in-country authorities will reserve the right to refuse entry. If you are refused passage and or entry/exit to or from the country being visited, any additional costs incurred will be your sole responsibility.
Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by Fourway Media, its subsidiary companies or any subscribing stations or its agents are for guidance only and are subject to change without notice with no liability arising. You must have sufficient financial resources to meet any financial commitment which they may incur in connection with the Prize beyond those included in the Prize itself.
The winner agrees to accept all blackout dates, space availability, requirements etc established by our prize partner(s).
You must comply with and are responsible for attending to any inoculation and health regulations required for your destination.
You hereby grant and assign to Fourway Media, its subsidiary companies or any subscribing stations the entire copyright and other intellectual property rights in and/or arising from your entry and your involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the “Products”), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment.
You represent and warrant that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.
For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in Fourway Media or Spencer James, for its own use (in its absolute discretion).
In consideration of us agreeing to consider entrants to the Competition, each entrant hereby assigns to us the complete copyright and all other rights in any entry, which shall be for the full period of copyright. We shall be free to assign such rights to third parties.
You hereby warrant that the information that you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything, which is libellous, defamatory, obscene, indecent, harassing or threatening and shall indemnify Fourway Media, its subsidiary companies or any subscribing stations for any loss, damage or liability arising in connection therewith. If relevant, we reserve the right, but not the obligation (and without limiting our rights under your warranty and indemnity above), to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
Fourway Media, its subsidiary companies or any subscribing stations is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the competition or prizes other than those costs and expenses specifically provided for in the prize (if any).
We cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.
It is agreed and accepted by you that Fourway Media, its subsidiary companies or any subscribing stations shall have no liability whatsoever in respect to competitions operated on behalf of third parties, eg. Sponsor.
You undertake not at any time to disclose, reveal, communicate or otherwise make public any confidential information relating to Fourway Media, its subsidiary companies or any subscribing stations, its business, personnel, servants, agents or officers to anyone.
You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of Fourway Media.
There is no fee payable to you in respect of your involvement in the Competition.
The Terms (unless otherwise expressly confirmed in writing by Fourway Media) supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Fourway Media, its subsidiary companies or any subscribing stations. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.
In the event that any provision of these terms are held to be illegal, invalid, void or otherwise unenforceable it shall be severed from the remaining provisions of these Terms which shall continue in full force and effect.
The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies
These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.