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Hospital Radio Plymouth Terms of Use These Terms of Use are the terms upon which you are entitled to access and use the Hospital Radio Plymouth website at www.hospitalradioplymouth.org.uk (the "Site") and will continue in force until such time as either you or we terminate this Agreement. Access to and use by you of this Site constitutes acceptance by you of these Terms of Use, which take effect from the date of first access to the Site. Use The Site is intended for access and use by persons in England and Wales only. We do not represent or warrant that the information on the Site complies with the regulatory regime of any other country. If you access the Site from other locations outside England and Wales you do so on your own initiative and you are responsible for compliance with local laws. Permitted Use You are authorised to view, print or download one copy of the materials or content on the Site on any single computer for your personal, non commercial use, provided that any proprietary notices, marks, logos and other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. This permission is subject to the material being reproduced accurately and not used in a misleading context and does not extend to any material on the Site that is identified as being copyright of a third party. You may not modify any materials on the Site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public purpose. You shall not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any portion of the Site. Where any content or material on the Site are intended to be used for purposes other than that permitted above, you must obtain our prior written consent. If you breach any of these Terms of Use, your authorisation to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials. Unauthorised access by third parties It is possible that third parties may access the Site and alter their contents. Hospital Radio Plymouth will not be liable for any damage or loss arising out of or resulting from any unauthorised access to, alteration to or modification of information contained on the Site. Intellectual Property Rights You acknowledge and agree that all content and materials available on the Site are protected by copyright, trade mark or other proprietary rights and laws (together the "Intellectual Property Rights"). Unless otherwise stated, any Intellectual Property Rights arising in respect of or in connection with the Site's design, text, graphics, its selection and arrangement, software and all other material on or in the Site, belongs to either Hospital Radio Plymouth or the third party content providers. Third party links, frames and portals The Site incorporates links to other sites, frames and portals (together "Third Party Sites") designed, maintained and operated by third parties. Hospital Radio Plymouth has not reviewed the Third Party Sites which are provided for your convenience only. Hospital Radio Plymouth is not responsible for the content or availability of these Third Party Sites. If you decide to use a link to a Third Party Site you leave this Site and you do so at your own risk and it is your sole responsibility to take all protective measures to guard against viruses or other destructive elements. Links do not imply that Hospital Radio Plymouth endorses, is affiliated or associated with, or is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the Third Party Sites or that any linked site is authorised to use any trade mark, trade name, logo or copyright of Hospital Radio Plymouth. Limitation of Liability In no event shall we be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with your use of the Site, including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information, and/or downtime. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these Terms. Nothing shall exclude or restrict our liability for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of Hospital Radio Plymouth. Disclaimer The information provided on the Site is intended to be informative only and is provided on an "as is" and "as available" basis. By accessing and using the Site you acknowledge that any reliance upon any information obtained or received via the Site shall be at your sole risk. We provide the information on the Site without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not warrant that the functions of the Site will be uninterrupted or error free, that defects will be corrected or that this Site or the servers that make it available are free of viruses or other damaging electronic material. Privacy Policy Preservation of your privacy is very important to us. We are committed to protecting your rights and confirm that all data submitted by visitors to our Site will be processed in accordance with our Privacy Policy accessible via the Site. For the purposes of the Data Protection Act 1998 we confirm that the proprietor of the Site is Hospital Radio Plymouth of Studio Centre, Derriford Hospital, Plymouth, Devon, PL6 8DH which is a charity registered in England under registered charity number 260238. Communication Communications in connection with this service and Site may be by way of e-mail or telephone. Relevant e-mail addresses and telephone numbers are listed in the "Contact Us" section of the Site. For ease of use and compatibility we will not encrypt emails. Note that e-mail is not a fully secure means of communication. Changes Advances in technology and legal developments may mean that we need to change these Terms of Use and our other policies from time to time. We recommend that you refer to this area of the Site on a regular basis in order to ensure that you are aware of our most recent Terms of Use, Privacy Policy and other policies. Hospital Radio Plymouth reserves the right to modify, add to or change these Terms of Use and any other policies at any time without notice. Any such modifications, additions or changes will be effective immediately on being posted to the Site. Continued use of the Site after a modification, addition or change has been made is your acceptance of the modification, addition or change. General You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Use. We reserve the right to assign, sub-licence or transfer any obligations under these Terms of Use to a third party. These Terms of Use cannot be varied except in writing by Hospital Radio Plymouth. Any breach of these Terms of Use shall entitle Hospital Radio Plymouth to immediately terminate your access to the Site without notice. If any provision in these Terms of Use is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Failure by either party to insist upon strict performance of any provision of these Terms of Use, or the failure of either party to exercise any right or remedy to which it is entitled under these Terms of Use shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established under these Terms of Use. Headings in these Terms of Use are for convenience only and will have no legal meaning or effect. Governing Law These Terms of Use are exclusively governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts. Hospital Radio Plymouth reserves the right to bring proceedings in the courts of the country of your residence or that of your principal place of business.