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Capital XTRA In The Morning With Jez Welham 6am - 10am
Here are the general terms and conditions of service for the Capital XTRA app.
If you do not agree to these Terms, please do not use the Applications or register as a user.
1. Introduction and About Us
The Applications are owned and operated by Global Radio Services Limited a company incorporated in England (which registered number 03296557) with its registered office at 30 Leicester Square, London WC2H 7LA.
2. Access to the Applications
Access to the Applications is permitted on a temporary basis and Global Radio reserves the right to withdraw the Applications (in whole or in part) or amend any part of them (including but not limited to content and materials on the Applications and any services made available through them). Please also see Section 5 below.
Global Radio shall not be liable if for any reason the Applications are unavailable at any time or for any period.
You may only use our Applications or the software and services available through them (including but not limited to the Content and User Generated Content as defined below) (collectively, the “Application Services”) for lawful purposes. You must not use our Applications or the Application Services:-
(i) in any way that breaches any applicable local, national or international law or regulation;
(ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
(iii) for the purpose of harming or attempting to harm minors in any way;
(iv) to send, knowingly receive, upload, download, use or re-use any material which is in breach of Section 5 of these Terms; or
(v) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“Spam”).
You are responsible for making any arrangements necessary for you to have access to the Applications. You are also responsible for ensuring that any persons who access the Applications through your internet connection are aware of these Terms and comply with them.
By agreeing to these Terms you warrant that you are an individual natural person residing in the United Kingdom of Great Britain and Northern Ireland, the Isle of Man or the Channel Islands and are not using the Applications or the Application Services as or on behalf of an entity, business or any type of organisation.
If you are found to be in breach of any of these Terms, Global Radio, acting in its absolute discretion, may suspend or terminate your access to or use of the Applications or any part of them without notice to you.
3. Use of Content and linking to the Applications
All content and material on the Applications (but for the avoidance of doubt excluding User Generated Content) (the "Content") belongs to Global Radio, or its licensors, and save where otherwise specified users should assume that all Content is owned by Global. The Content is protected by copyright laws around the world. Unless expressly stated, Content may not be copied, reproduced, republished, uploaded, downloaded, cached, permanently stored, transferred to a second device or to other physical media, shared, posted, transferred, transmitted, distributed, rented, sold, re-sold, syndicated, synchronised with moving images, used in the provision of any promotion, goods and/or services or for public performances, modified, added to, deleted, edited, mixed or re-mixed, impaired, manipulated, repurposed or otherwise altered in any way.
The Content may only be used for your individual, personal, non-commercial use and not be any third party and no derivative works can be made from the Content. Any copy protection technology or mechanism or watermark embedded in or associated with the Content may not be edited, modified, defeated, hacked, circumvented, impaired or altered in any way. Modification of the Content or other prohibited use of the Content is a violation of Global Radio's and/or its licensors' copyright and other proprietary rights. All trademarks, service marks and trade names on the Applications are proprietary to Global Radio or its licensors.
You must not use the Content in any unlawful way or for any unlawful activity and must comply with all applicable laws in your use of it. Unauthorised reproduction or distribution of Content is expressly prohibited and may violate applicable law. All rights in and to the Content not granted to you are reserved to Global or its licensors. You are not permitted to infringe the rights of Global or such licensors.
Global's licensors have the right to enforce their rights under this agreement directly against you as third party beneficiaries under the Contract (Rights of Third Parties) Act 1999.
Global Radio may remove any Content from the Applications at any time for any reason. In particular, but without limiting the above restrictions, you may not do any of the following:-
(i) redistribute any of the Content (including by using it as part of any library, archive or similar service);
(ii) remove any copyright or trade mark notice from the Content;
(iii) create a database in electronic or structured manual form by downloading and storing all or any of the Content; or
(iv) access the Applications through open proxy servers or VPN end points.
You may not create any link from or to our Applications without Global Radio's prior written consent. Please contact us if you wish to request permission to link to our Applications.
As a user, you will be able to access material on most areas of the Applications without going through the registration process. However, we may restrict access to certain areas of the Applications (e.g. the Forums - see Section 5 below) and you may need to register with us to access such areas.
On registration, you must provide Global Radio with accurate, complete registration information and it is your responsibility to inform Global Radio of any changes to that information (including in particular your e-mail address) by using the edit details function available on the Applications with which you are registered. Each registration is for a single user only. On registration, you should choose a user name and password. You should treat your user name and password as confidential and should not share it with third parties. You warrant that you will not impersonate another individual when using the Applications or the Application Services.
Global Radio does not permit any of the following:-
(i) any other person sharing your user name and password; or
(ii) access through a single name and password being made available to multiple users on a network.
You are responsible for, and will be liable to Global Radio for, all use of the Applications made by you or anyone else using your user name and password (collectively, "ID") and for preventing unauthorised use of your ID. If you believe there has been any breach of security (e.g. the disclosure, theft or unauthorised use of your ID or any payment information), you must notify Global Radio immediately at our contact us page. Global Radio will not be liable to you or any third party for unauthorised use of your ID.
If you register to use the free e-mail service on the Applications (if available), you must not use the service to send, or use or re-use any material which is un-lawful, threatening, abusive, libellous or indecent or which infringes copyright or other rights of third parties or which contains any other form of illegal content. You must not use such service or any other Application Services to send any chain e-mails or Spam.
5. Community Forums and Posting Content to the Applications
The Applications may include chat rooms, bulletin boards, discussion groups and other public areas that allow you to interact with other users and Global Radio journalists (“Forums”) and to post/transmit/upload (“Post”) written or photographic content to the Applications (for the avoidance of doubt, this clause does not permit the Posting of audio or audio-visual content) (“User Generated Content”) including without limitation your review of any gig you attend, album reviews, personal blogs and your personal gallery.
Where we do provide a Forum, we will provide clear information to you about the nature of the service being offered. Global Radio reserves the rights in its absolute discretion to cease the provision of any or all Forums without notice to you.
As mentioned above, Global Radio 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 User Generated Content from special guests selected by Global Radio. The opinions of those Global Radio journalists and special guests are their own and are not necessarily endorsed by Global Radio. They should not be considered by you as professional advisers and any comments they make are not intended to amount to advice on which reliance should be placed.
You will need to be registered as a user (unless otherwise stated) in order to Post User Generated Content. You are solely responsible for any material and information forming your User Generated Content.
By Posting User Generated Content you warrant and agree that :-
(i) you are 18 years of age or older or are aged 14 - 18 and have received consent from your parent or guardian for you to use such Forums;
(ii) that you are resident in the United Kingdom of Great Britain and Northern Ireland, the Isle of Man or the Channel Islands and that you are accessing the Applications in the United Kingdom of Great Britain and Northern Ireland, the Isle of Man or the Channel Islands;
(iii) that you will comply with any additional rules posted by Global Radio on a Forum;
(iv) you own or are licensed in respect of the User Generated Content Posted and that you have the right, power and authority to grant the rights set out in these Terms;
(v) that Global Radio is free and able to use User Generated Content in accordance with and in the manner set out in these Terms without any payment (including any royalty payments to third parties) and that in particular Global Radio may lawfully permit other users to view the User Generated Content;
(vi) have obtained all consents, releases and permissions (including of each person identifiable) in respect of the User Generated Content;
and in addition you warrant and agree that such User Generated Content:
(vii) is accurate (where facts are stated) or if an opinion is stated that such opinion is genuinely held;
(viii) is not confidential and does not infringe or assist with the infringement of the intellectual property, privacy or any other rights of any third party, and does not contain anything which is unlawful, abusive, libellous, defamatory, obscene, indecent, harassing or threatening;
(ix) is not copyrighted or alternatively that you own the copyright or have the necessary permissions and rights to use it;
(x) is not discriminatory or does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(xi) is not sexually explicit, inappropriate, obscene or pornographic and does not promote violence or illegal activity;
(xii) such User Generated Content does not solicit personal information for any users under 18 years of age;
(xiii) does not include telephone numbers, physical addresses, email addresses or last names or other personally identifiable information;
(xiv) does not violate any applicable law or regulation;
(xv) does not contain any viruses, worms, spyware, adware or other harmful component or computer programming routines, software, files or code designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(xvi) does not interrupt, destroy or limit the functionality of the Site(s) or any computer software or equipment;
(xvii) does not disguise the origin of any User Generated Content or impersonate any person or entity or misrepresent any affiliation with any person or entity or collect or store other users' personal data;
(xviii) does not, or is not likely to, harass, upset, embarrass, alarm or annoy another person;
(xix) does not give the impression that it emanates from a third party (including Global Radio) if that is not the case; and
(xx) does not endorse any political positions, political candidates or religious causes and does not endorse or engage in the sale or advertisement of pornography, tobacco, firearms, masculine dysfunction products, alcohol, pharmaceuticals, gambling, feminine hygiene products or any other obviously objectionable products.
You warrant and undertake that you will not:
(i) Post, link to or otherwise publish commercial material or material that promotes any commercial activities or contains recommendations to buy or refrain from buying a particular item (and in particular shares) or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any item (and in particular shares); or
(ii) Post or otherwise publish any User Generated Content unrelated to the Forum or the Forum's topic.
By Posting User Generated Content you hereby grant a perpetual, royalty-free, worldwide, non-exclusive licence to Global Radio to use, reproduce, modify, translate, make available, distribute, publish and/or perform the User Generated Content and to distribute and/or broadcast such User Generated Content in whole or in part in all media and in all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to sub-license any other persons to do so, in each case for such purposes as Global Radio may in its reasonable discretion determine. Please note that you can terminate the licence granted under this paragraph by removing the User Generated Content from the Site and emailing us at our contact us page with full details of all User Generated Content that you wish to be removed. Global Radio will endeavour to remove the User Generated Content from the Site within 28 days. In addition, you agree to waive any moral rights you may have in the User Generated Content and that you have obtained a waiver of all applicable moral rights in the User Generated Content.
By submitting User Generated Content to the Site(s) you agree to indemnify and hold harmless Global Radio from all claims, costs, liabilities and expenses (including legal expenses) suffered by Global Radio arising out of any User Generated Content Posted by you that is in breach of these Terms.
You agree that we may disclose your identity to any third party who is claiming that User Generated Consent you have Posted to our Site violates their intellectual property rights or any other right.
The Forums contain User Generated Content submitted by users over whom Global Radio has no control. You acknowledge that it is not possible for Global Radio to fully and effectively moderate, oversee or monitor the Forums and in particular to monitor whether any User Generated Content infringes the copyright or any other right of a third party. You agree that Global Radio is under no obligation to oversee, monitor or moderate any Forum and cannot therefore guarantee the accuracy, integrity or quality of any User Generated Content. Global Radio does not endorse any User Generated Content which is not necessarily reflective of the views of Global Radio. Some users may breach these terms and post User Generated Content that is misleading, untrue or offensive. You accept to bear all risk associated with your use of the Forums and should not rely on User Generated Content in making (or refraining from making) any decisions. You agree that to the fullest extent permitted by law Global Radio shall not be liable to you in respect of any User Generated Content you view via this Site.
Whilst Global Radio does not control or monitor the User Generated Content posted to Forums by users, it reserves the right (which it may exercise at its sole discretion without notice) to commence such monitoring (whether by human moderation or technical methods) or to delete, move or edit any User Generated Content.
Global Radio reserves the right to contact you by e-mail with regard to your use of the Forums.
6. Reporting offensive/illegal content
Whilst Global Radio does not control or monitor the User Generated Content posted to Forums by users, we do not wish to see harmful, offensive or illegal content on our Applications. If you have any concerns about any Content or User Generated Content that appears on our Site or you believe that such Content or User Generated Content is harmful, offensive or infringes your rights (including without limitation your intellectual property rights), please contact us at our contact us page with the following information in sufficient detail:-
(i) the location of the harmful/infringing/offensive content on our Site(s);
(ii) a brief description of why you consider the content to be harmful, offensive or infringing and a statement confirming that you have a reasonable and honestly held belief that use of the content is not authorised;
(iii) a brief description of, and information related to, the copyright work which you believe is infringed; and
(iv) your contact details.
We will remove any and all Content and User Generated Content (without prior notice to you) if we reasonably believe such Content/User Generated Content to be in breach of these Terms.
7. Suspension and termination of registration/access to Forums
Global Radio will determine in its discretion whether there has been a breach of these Terms through your use of our Site(s). When a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms may result in our taking all or any of the following actions:
(i) immediate, temporary or permanent withdrawal of your right to use and access to our Applications (including our Forums);
(ii) immediate, temporary or permanent removal of any User Generated Content posted by you to our Site(s);
(iii) issue of a warning to you;
(iv) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(v) further legal action against you;
(vi) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in this Section 7 are not limited, and we may take any other action we reasonably deem appropriate.
8. News by E-Mail
Global Radio may give you the option to subscribe to its e-mail news service. Your use of any information received through the e-mail news service will be subject to these terms.
9. Viruses, hacking and other offences
You must not misuse our Applications 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 Applications, the server on which any of our Applications are stored or any server, computer or database connected to or on our Applications. You must not attack our Site(s) 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 Applications will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Applications or to your downloading of any material Posted on it, or on any website linked to them.
We advise all parents to speak to their children regarding safety online.
11. Third Party Sites - software and Java security
The Applications may contain links to other websites provided by independent third parties ("Third Party Sites"), either directly or through frames. Where possible, Global Radio will make clear such links are being made, although Third Party Sites may be co-branded with Global Radio and so include Global Radio's trademarks. Global Radio is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. In particular, if you use links from the Applications to an authorised connected site not operated by Global Radio to download software from the Applications or any other material, files, images or data, you acknowledge and agree that Global Radio has no responsibility or liability in connection therewith, and does not transfer title to you.
12. Limitation of Liability
The Content and any User Generated Content is for your general information and use only and is not intended to address your particular requirements. Whilst Global Radio aims to update the Applications regularly, any of the Content or User Generated Content may be out of date and Global Radio 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 Global Radio and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. Global Radio therefore disclaims all liability and responsibility arising from: (i) any reliance placed on Content or User Generated Content by any visitor to the Applications or by anyone who may be informed of such; and (ii) any arrangements made between you and any third party named on the Applications which are at your sole risk and responsibility.
Because of the number of sources from which Global Radio obtains Content and User Generated Content and the nature of electronic distribution via the internet, Global Radio does not give any warranties in respect of the Applications or the Site Services. In particular, the Site Services are provided on an "as is" basis. To the extent allowed by applicable law, Global Radio 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, Global Radio 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 Global Radio will not be liable to you and/or any third party for (i) any consequential or incidental damages; (ii) loss of business; (iii) loss of income or revenue; (iv) lost profits or contracts; (v) loss of data; (vi) loss of privacy; (vii) loss of goodwill; (viii) failure to meet any duty including but not limited to any duty of good faith; or (vi) for any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Applications or the Site Services or any breach of these Terms by Global Radio, even if Global Radio has been advised of the possibility of such damages. Notwithstanding the provisions of this section, Global Radio's liabilities will not be limited in the case of death or personal injury directly caused by Global Radio's negligence, for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or limited by law.
14. Changes to these Terms
Global Radio reserves the right, at its discretion, to make changes to any part of the Applications or these Terms. When these Terms are changed, Global Radio will publish details of the new Terms as updated from time to time. You are therefore advised to review these Terms regularly to ensure that you are aware of any changes we make. By continuing to use the Applications, you are agreeing now to be bound by those changes and revised terms.
15. Advertising and sponsorship
Part of the Applications may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Applications complies with applicable law and regulation. Global Radio will not be responsible for any error or inaccuracy in advertising material.
16. Choice of law & jurisdiction
These Terms shall be governed by, and construed in accordance with, English Law. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
17. Third Party Copyright
Some of the content used on our website(s) (such as, but not limited to, images and/or audio-visual material) are copyrighted works which belong to and are supplied by third parties (including but not limited to Getty Images, the BBC and ITN), who reserve all their rights in such content. All such third parties shall be entitled to enter the benefit of these Terms in respect of their content as if they were "Global Radio" herein and shall be bound accordingly.
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 affect 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.