Disclaimer / Terms & Conditions / Data Protection

Terms and Conditions applicable to the Data Transmission website
These are the applicable terms relating to your use of this site (“the site”).

Variations:. You acknowledge that data transmission reserves the right to make variations or modifications to these terms at any time at its sole discretion and it is your responsibility to check these terms periodically for such variations. Your only remedy is to stop using the site. Please read these terms carefully.

Use of Service.

• You acknowledge that the audio, visual and audio-visual material of the Site (“the Content”) Content is protected by intellectual property rights and agree that you will only use the Content in accordance with the provisions of this agreement
• You will not permit any of the Content to be reproduced, modified, or publicly performed other than in accordance with this agreement.
• The Content is for your own personal use, and not for commercial use
• Burning, exportation and copying of Content is not permitted by you.
• You agree that you will not attempt (either alone or with others) to circumvent the navigational structure of the Site, or otherwise tamper with the Content and if Data Transmission becomes aware of any such activity they reserve the right to ban you from the Site
• You agree that you will not use the Site or the Content for any illegal activity or for any purpose that infringes the rights of Data Transmission or any third parties
• You will not take any action that imposes a disproportionate strain on the site
• You are responsible for ensuring that you have compatible software to use the Site. Data Transmission accept no liability in relation to this
• You accept that some of the Content may contain lyrics that may be explicit, or may be otherwise potentially offensive and you agree that you will not hold Data Transmission liable in relation to that for any losses whatsoever
• Data Transmission takes reasonable steps to ensure the accuracy of the Content and information made available on the Site.  However neither its officers, employees, contractors or content providers assume any responsibility for the accuracy, correctness, relevance, completeness or currency of the information or other Content on the Site.
• In some parts of the Site where music will be made available for streaming and critique by users you may send your contributions and we welcome these. However, notwithstanding anything else contained in these Terms and Conditions, when you do so you must:(i) ensure that there is nothing in your contribution which is or might be regarded as harassing, threatening, abusive, vulgar, obscene, defamatory, racist or otherwise unlawful;
  (ii) agree that Data Transmission may broadcast your contribution on the Site worldwide and that it may be accessed but not downloaded by other visitors; and
  (iii) waive all so-called moral rights (or other similar rights) in relation to your contributions.

You acknowledge that by posting, uploading or sending any materials to us you thereby grant us and an perpetual, royalty free, worldwide non exclusive licence to use such material(s) (both recording and underlying composition) or any part of it both within the Site for streaming purposes only.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out of or in connection with:

(i) any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
(ii) any claim by any third party that the use of the Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature (including without limitation uncleared samples or plagiarism); and
(iii) any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.
In addition to the above, you agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Site which are brought or threatened against us by any other person/company including without limitation for performance royalties. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Site by you. You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Site, you shall pursue such right, claim or action independently of, and without recourse to us. You warrant that you are not a member of MCPS/PRS nor will you be during your use of the Site.   You warrant that any music uploaded by you is not a cover version.

REGISTRATION

Information. To fully use the Site you must first register and provide us with some personal information (the “Information”). You warrant that the Information is full complete and accurate and you agree to notify us of any changes that occur to the Information. If you fail to comply then Data Transmission reserve the right to deny you access to the Site. You agree that Data Transmission shall be entitled to use the  Information to notify you of promotional activity that may be of interest to you, but is it is not part of Data Transmission’s  privacy policy to disclose the Information to third parties.

COPYRIGHT INFORMATION/INTELLECTUAL PROPERTY RIGHTS

Copyright. Data Transmission (and it’s licensors) are the owner of the copyright in the Content and your usage is strictly in accordance with this agreement. You agree to observe the applicable copyright laws and to ensure that the copyright marks are preserved and are not tampered with.

Data Transmission and its licensors are the owners of the copyright in the Site including without limitation, the trade marks, visual interfaces, artistic images (including photographs),  and computer code and is the licensee of the musical content. You agree not to infringe these rights in any way and only to access the Content by legitimate means. If you breach this provision then you may be subject to both civil and criminal penalties. If Data Transmission suspects that you are in breach then you may be barred from the Site.

Access to the whole or part of the Content may be suspend or denied by Data Transmission in its absolute discretion without notification to you.

LINKED SITES

Data Transmission may incorporate links to third party websites. However Data Transmission cannot be held liable for the actions of the third party sites, or any of their content. The onus of responsibility is with you when you use these sites and Data Transmission excludes liability for any losses so caused.

TERMINATION

Data Transmission may terminate your account at any time without notice to you if:-

• You are in breach, or if Data Transmission reasonably suspects that you are in breach of any provisions of this agreement
• Failure to provide accurate Information or to update it

COMPETITIONS
1. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.
2. Additional eligibility requirements may apply to the Competition, (e.g. a valid passport, visas and/or driver’s licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire). If the prizes necessitate travel on specific date(s) the Winner(s) must be able to travel on the date(s) specified by Data Transmission , no alternative dates will be available. Where prizes involve travel on a date to be chosen by Data Transmission the Winner(s), the date chosen is subject to availability and reserve the right to include a long stop date by which the prize(s) must be taken.
3. To qualify to enter the Competition you must be domiciled in the United Kingdom.
4. Only individuals who can lawfully enter into and form contracts under applicable law may compete in the Competition. In all cases you must be at least 18 years of age and proof of age will be required.
5. DATA TRANSMISSION reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these Rules.
6. In the event that any entrant is disqualified from the Competition, Data Transmission in its sole discretion 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 Rules.
7. Competition entries must be made in the manner and by the closing date set out in the Specific Rules.  There is no purchase requirement to enter the Competition. Internet connection charges will be charged as per your agreement with your ISP provider. Mobile phone charges will be charged as per your agreement with your network provider and as set out in the Specific Rules. You must seek permission from the bill payer prior to entering the Competition.
8. Where an offer is made for entry to a Competition involving a premium rate telephone call/SMS, we will include details of the estimated length of the call and the anticipated costs of the call/SMS and any other guidance to which we must adhere in order to comply with ICSTIS rules. Where entry to a Competition is by premium rate telephone call/SMS, entry may also be made by post by writing to: [INSERT NAME OF COMPETITION], [ADDRESS]
9. Entry to the Competition is open between those dates set out in the Specific Rules.
10. Incomplete or late entries will not be accepted. Data Transmission accepts no responsibility for entries. Proof of sending/posting is not proof of receipt. Data Transmission does not 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 its control. Data Transmission does not accept responsibility for the return of any Competition entries.
11. After the Competition has closed, prize winners will be chosen at random unless specified otherwise in the Specific Rules. Any “tie-breakers” will be judged by Data Transmission and, if required by law, by an independent adjudicator.
12. Prize winners (“Winners”) will be notified in the manner and within the time set out in the Specific Rules. If more than one prize is awarded, only one prize per entrant will be awarded.
13. Prizes are non-transferable and there is no cash alternative. Data Transmission reserves the right to substitute prizes of equal or greater value at any time. All prizes are offered subject to the terms and conditions of the manufacturer or supplier.
14. Prizes are awarded at Data Transmission’s discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
15. In order to be eligible for prizes, the Winner(s) (and guest if applicable) agree to: (i) sign an affidavit of eligibility if required; (ii) release Data Transmission from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with the Competition or the use or acceptance of the prize(s) or any portion thereof save where due to Data Transmission’s negligence; and (iii) sign a promotional release granting Data Transmission (or a third party acting on Data Transmission’s behalf) the right to use your name and likeness for advertising and publicity purposes without additional compensation. Entry into the Competition constitutes the Winner(s)’ agreement to sign such releases. The Winner(s) (and guest if applicable) must complete all legal documents and return them to Data Transmission within five (5) working days of receipt from Data Transmission. Non-compliance will result in disqualification of the Winner(s) and an alternative winner will be selected.
16. The receipt, by any Winner(s), of any of the prize components of the Competition is conditional upon compliance with any and all laws, rules and regulations. The Winner(s) are solely responsible for all insurance, applicable taxes and for any expenses not specified in the prize description.
17. The Winner(s) agree that Data Transmission, its subsidiaries, affiliates, related companies and employees, and any other sponsors shall have no liability in connection with acceptance or use of any of the prizes awarded herein. Data Transmission reserves the right to disqualify any entrant and/or Winner at our absolute discretion.

18. In the event that Data Transmission is unable to contact the Winner(s) within a reasonable time period after the closing date and/or if the Winner(s) are unable to comply with these Rules, Data Transmission may at its own discretion choose an alternative Winner(s) from the pool of entrants.
19. Except as specifically set out in this Agreement, Data Transmission makes no representation and expressly excludes all conditions and warranties, expressed or implied, including (but not limited to) the availability, quality, timeliness, performance or fitness for a particular purpose of any of the prizes available, to the full extent permitted by English law.

JURISDICTION/RELEVANT LAW

Data Transmission are a company registered in England and Wales and consequently this agreement shall be governed by the laws of the England and Wales and the High Court in London shall have exclusive jurisdiction.

LIABILITY LIMITATIONS 

• Use of the Site is at your sole risk. The service is provided “as is” and without any warranty from by Data Transmission, its employees, suppliers, licensors, or other business partners whether express or implied by law. This does not affect your statutory rights
• Data Transmission cannot accept any liability in relation to any loss caused to you by through viruses, hacking, corruption, or other interference
• No oral information given by anyone purportedly on behalf of Data Transmission shall in any way create a warranty
• It is your responsibility to ensure that any particular device is compatible with the Site and you should make your own inquiries
• No liability is accepted in relation to consequential damages for loss of profits,  interruption to your business or alike

NOTICES
Notices from Data Transmission shall be sent by email to the email address given in the Information or by letter to the postal address given.

Advertising Payment Terms:
Office:
Data Transmission
56 Bewdley Grove, Broughton, Milton Keynes, Bucks, Mk10 9NL

Email: [email protected]

Delivery Policy:
We will run adverts from the agreed date range, eshots will be delivery on the specify day and Weekly transmission adverts will be run on the Thursday of the week agreed.

Refund and Cancellation:
We will cancel adverts/ eshots / WT up to 30 mins before they are due.

Currency Accepted:
Sterling