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Terms and Conditions
 
 

This web site is operated by Jazz FM Investments Ltd trading as Jazz FM. Your use of this site is subject to the terms and conditions set out below. Please read these terms carefully before accessing any other pages on this site. Your use of this site is conditional upon your acceptance of these terms and conditions. Competition terms and conditions can be found towards the bottom of this page. Please ensure that you are able to attend the specific dates we advertise in any event-based competitions as substitutes will not be available.

1. Intellectual Property

1.1 The intellectual property rights (including copyright and database rights) in the material, information and computer files on this site are owned by or are licensed to Jazz FM Investments Limited. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.

1.2 You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the content on this website in any way except for your own personal, non-commercial use without the prior written consent of Jazz FM Investments Ltd trading as Jazz FM

1.3 You may not remove any product identification, copyright notices or other notices from the materials or any copies of the materials which you may have made for your own personal use.

1.4 Any unauthorised downloading, use, copying, modification or distribution of the materials may be in breach of statutory or common law rights which could be the subject of legal action.

1.5 All rights not expressly granted are reserved by Jazz FM Investments Ltd trading as Jazz FM

2. Trade Marks

2.1 Product or company names and devices, logos, icons, graphics or designs referred to on the pages of this site are the property of their owners and are exhibited only in such a manner as is intended to be of benefit to their owner. Jazz FM Investments Ltd trading as Jazz FM intends no infringement of these property rights.

2.2 Any references in this site to any third party products, services, companies, organisations, home pages or other web sites do not imply any endorsement, support or recommendation of the same by Jazz FM Investments Ltd trading as Jazz FM

2.3 All rights not expressly granted are reserved by Jazz FM Investments Ltd trading as Jazz FM

3. Contributions to this Website

3.1 Where you are invited to submit any contribution to this website (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Jazz FM Investments Ltd trading as Jazz FM a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out below.

3.2 If you do not want to grant to Jazz FM Investments Ltd trading as Jazz FM the rights set out above, please do not submit your contribution to this website.

3.3 Further to paragraph 3.1, by submitting your contribution to this website, you warrant that your contribution is your own original work and that you have the right to make it available to Jazz FM Investments Ltd trading as Jazz FM for all the purposes specified above;

3.3.1 is not defamatory; and

3.3.2 does not infringe any law; and

3.3.3 that you will indemnify Jazz FM Investments Ltd trading as Jazz FM against all legal fees, damages and other expenses that may be incurred by the Jazz FM Investments Ltd trading as Jazz FM as a result of your breach of the above warranty; and

3.3.4 waive any moral rights in your contribution for the purposes of its submission to and publication on this website and the purposes specified above.

4. Data Protection

4.1 Jazz FM Investments Ltd trading as Jazz FM will not collect any personal data about you (that is your name, address, telephone number, e-mail address or other data from you which you can be unambiguously identified) (’Personal Data’) unless you provide it voluntarily to Jazz FM Investments Ltd trading as Jazz FM. All personal data will be processed in accordance with UK Data Protection Law.

4.2 If you do not want your personal data collected, please do not submit it. If you have already submitted personal data and would like it removed from any records held by Jazz FM Investments Ltd trading as Jazz FM please contact our agents, Folder Media at 96 a Curtain Road, London, EC2A 3AA. Jazz FM Investments Ltd trading as Jazz FM will then use reasonable efforts to delete your information from its records.

4.3 If you provide Jazz FM Investments Ltd trading as Jazz FM with any personal data this information will be stored and may be used in the future for marketing purposes, market research, tracking of sales data, and in order to contact you. Jazz FM Investments Ltd trading as Jazz FM may also disclose this information to other companies for similar purposes.

4.4 When you view this site some information may be stored on your computer. This information will be in the form of a “cookie” or similar file. Many websites do this, because cookies enable website publishers to do useful things like find out whether the computer (and probably its user) has visited the website before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit. Information supplied by cookies can help us to provide you with a better online user experience and assist us to analyse the profile of our visitors. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your Internet browser instructions or help screen to learn more about these functions.

4.5 Third Parties

Jazz FM works with a number of third parties to be able to deliver content, advertising and measure site use. Often these providers will drop cookies (as described above) to monitor how you use the website. Our key providers who do this are Google, OTP Media and Folder Media. OTP Media has a privacy policy here, Google has one here and Folder Media has one here.

5. Links

5.1 Jazz FM Investments Ltd trading as Jazz FM provide links from this site to World Wide Web sites operated by third parties (’Third Party sites’). Links to Third Party sites are provided for your convenience only. Jazz FM is not responsible for the management and control of Third Party sites and does not necessarily endorse, support or recommend the views expressed in such Third Party sites.

5.2 Jazz FM Investments Ltd trading as Jazz FM is not responsible for the contents of other web sites or web pages which link to the site and hall have no liability in respect of such other web sites or web pages.

6. Disclaimers and Limitation of Liability

6.1 This site is intended for customers of Jazz FM Investments Ltd trading as Jazz FM in the United Kingdom and may not be applicable to other jurisdictions. Jazz FM Investments Ltd trading as Jazz FM excludes to the fullest extent permitted by applicable law all liability (other than liability for death or personal injury) resulting from access and use of the site or the materials from outside of the United Kingdom.

6.2 Jazz FM Investments Ltd trading as Jazz FM reserves the right, at any time, to change the materials and the terms and conditions which apply to the use of the site.

6.3 The site and the materials are provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

6.4 No reliance should be made on any of the statements made with the site (other than these terms and conditions) or the materials or any third party sites and Jazz FM Investments Ltd trading as Jazz FM excludes to the fullest extent permitted by law all liability (other than liability for death or personal injury) resulting from any such reliance.

6.5 Under no circumstances will Jazz FM Investments Ltd trading as Jazz FM be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of this website regardless of the form of action.
6.6 Jazz FM Investments Ltd trading as Jazz FM do not warrant that functions contained in the web site content will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs.

7. Jurisdiction

7.1 These terms shall be governed by and interpreted in accordance with the laws of England and Wales.

7.2 The site user is responsible for compliance with any applicable laws of the country from which they are accessing the site.

8. Severability

If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason, such provision shall be ineffective to the extent of the courts finding without affecting the validity and enforceability of any remaining provisions

9. Competition Rules

Our standard conditions for competitions are set out below. These took effect on at 15:00 GMT on 4 February 2010 and apply to all competition entries after this date. If you entered a competition before that date then you will have agreed to abide by our previous terms and conditions, which, for reference only, you can view here.

9.1. Unless otherwise stated in the main competition entry details, all competitions are only open to residents of the United Kingdom. Employees of Jazz FM Investments Limited (Jazz FM), its affiliated companies, subsidiaries and the immediate families of those employees are not eligible to participate. Eligibility for competitions will be determined by the current residential address that entrants have given to us when they enter.

9.2. Jazz FM shall not be liable for any entries that are incomplete, illegible, lost, late or misdirected.

9.3. Entry into each and every competition requires acceptance of these rules and conditions.

9.4. Jazz FM reserves the right to alter the terms and conditions applicable to all competitions; such alteration may be made at any time while a competition is open (but such changes will only apply to people who enter the competition after the date that such change is published).

9.5. The competition opens and closes upon the dates stated in the main text describing the competition. Entries received after that date will not be accepted. Unless a different competition mechanic is specified in the main entry detail, winners shall be selected at random from all eligible, correct entries received. Draws will take place on or about the date stated in the main text, and the winner will be notified by email within fourteen days after that date.

9.6. Unless otherwise stated in the main text, entry is free, no purchase is necessary and there are no age restrictions. Entry is limited to one per person. This promotion and offer is void where prohibited by any applicable law.

9.7. Odds of winning depend upon the total number of entrants. Jazz FM reserves the absolute right to determine eligibility and to select the winner based on records held on Jazz FM’s own computers, and reserves the right to disqualify anyone found to be participating or influencing the promotion through any cheat, exploit or software, or anyone attempting to modify or alter the Jazz FM website by any means. In determining eligibility and any selection of winners, Jazz FM’s decision shall be final.

9.8. Jazz FM reserves the right to substitute a prize of approximately equal value if the featured prize becomes unavailable for any reason. No cash substitute is available and no transfer of prize is permitted by the winner.

9.9. All taxes and duties are the sole responsibility of the winner. Jazz FM and its affiliated companies, subsidiaries, directors, officers, agents and employees shall not be responsible for any taxes, damages, expenses or losses, direct, indirect, incidental, consequential or otherwise with respect to, or in any way arising from, any competition or the acceptance or use of any prize(s) by winner(s).

9.10. Jazz FM reserves the right to require winners to execute and return to Jazz FM an affidavit confirming eligibility and liability release as a precondition to delivery of the relevant prize. If the required affidavit is not returned within the stipulated time, Jazz FM may select another winner.

9.11. By entering any competition, participants expressly agree that Jazz FM may list the winner’s name on Jazz FM’s websites at some future date. Jazz FM may also reproduce winners’ likenesses on such sites or in publicity material without obligation to provide any kind of remuneration or compensation.

9.12. A list of winners may be obtained from Jazz FM by sending a self-addressed, reply-paid envelope to Jazz FM, 5 Clifford Street, London W1S 2LG, to be received no later than the date six months after the close of the competition.

If you wish to keep a copy of these rules please click here to print them.