General Terms and Conditions of the Isles FM Website
2. Please read these Terms carefully before you start to use our website, as they will apply to your use of the Site and you will be legally bound by them.
3. By browsing and/or using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms you must not use our Site.
Information about us
4. This Site is operated by Western Isles Community Radio Limited ("We" "Us" "Our").
5. To contact us, please email us using the relevany address which can be found at the footer of each page.
Changes to these Terms
6. We may revise these Terms at any time by amending this page. Your use of the Site will be subject to the most recent version of these Terms available on the Site.
7. We recommend that you read through the Terms available on the Site regularly so that you can be sure that you are aware of any changes that may apply to you.
Access and use of our Site
8. Our Site is made available free of charge.
9. We may update our Site from time to time, and may change the content or any services provided through the Site at any time in our sole discretion.
10. We do not guarantee that our Site, or any content on it, will be free from errors or omissions nor do we guarantee that our Site, or any content on it, will always be available or be uninterrupted.
11. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice to you. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
12. You are responsible for making all arrangements necessary for you to have access to the Site.
13. We do not guarantee that our Site will be secure or free from bugs or viruses.
14. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
15. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not 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. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
No reliance on information
16. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
17. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
Intellectual property rights
18. We are the owner or the licensee of all intellectual property rights in the Site, and in the material published or broadcast on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
19. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use provided that:
a. the material shall not be reproduced or included in any other work or publication in any medium; (b) the material may not be modified or altered in any way;
b. the material may not be distributed or sold to any third party;
c. you do not remove any copyright or other proprietary notices contained in the material.
20. You must not use any part of the content on our Site, including any live broadcasts made through the Site.
21. If you copy or use any part of our Site or the content made available through it in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Listen Again Programmes
22. Programmes from the Isles FM archive are made available to listen again on an "as is" basis and the information contained within may be outdated and inaccurate. We shall not be held liable for the accuracy/inaccuracy of this information.
23. Programmes made available on the listen again service (commonly branded as Isles FM re:PLAY) are time limted and will be removed after 30 days in most cases. We reserve the right to remove programmes earlier without explanation.
24. Programmes are only available to stream on the Isles FM re:PLAY website (www.isles.fm/replay) and must not be downloaded due to the copyright held by us. Any breach of this term will be treated as copyright fraud and will be subject to legal proceedings.
25. Terms and conditions for competitions held on by us can be found on the main site at http://www.isles.fm/index.php/competition-t-cs
Limitation of our liability
26. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
27. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to our Site or any content on it, or services provided through it, whether express or implied.
28. We will not be liable to you or any other user of the Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Site or use of or reliance on any content or material displayed, published or broadcast on our Site.
29. We only provide our Site and the services and content made available through it for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
30. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
31. The Terms do not create or infer any rights that are enforceable by any person who is not party to the Terms.
32. You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
33. If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
34. If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
41. These Terms, including their subject matter and formation, are governed by Scottish law. You agree that the courts of Scotland will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, save that if you are a resident of England, Wales or Northern Ireland you may also bring proceedings in the jurisdiction in which you are resident.