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Terms of Business


This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we make available to you the live and/or recorded audio and/or audiovisual programmes from time to time (Services) via our website and/or our mobile application (our sites).

You should print a copy of these Terms or save them to your computer for future reference.

We amend our Terms from time to time as set out in clause 11.

These Terms, and any Contract between us, are only in the English language.

1. Information about us

1.1

We operate the website http://fubarradio.com. We are Fubar Radio Limited, a company registered in England and Wales under company number 05691354 and with our registered office at The Exchange, 26 Haslucks Green Road, Shirley, Solihull, West Midlands B90 2E.  Our VAT number is GB 140 9145 32.

1.2

To contact us, please see our Contact Us page.

2. Changes to the Services

We reserve the right to change, rearrange, add, or delete programming, including cancelling, moving or adding particular channels, at any time, with or without notice to you. Your continued use of the Services following any programming changes will constitute your acceptance of such changes.

3. Use and availability of the services

3.1

You must be at least 18 years old to assume the obligations set out in these Terms and to use the Services.  You must not provide access to the Services to anyone under the age of 18. The Services are only available and/or should only be accessed within the United Kingdom.

3.2

You may access the Services on one single internet enabled device at any one time. You should not provide your username and password to anyone, and you must use all reasonable endeavours to protect your username and password from unauthorised use.

3.3

The Services may be unavailable or interrupted from time to time for a variety of reasons, such as unavailability or difficulties with the internet generally or with your web browser, computer, mobile phone, mobile network, home wiring or network, or internet service provider and/or other things that we cannot or do not control. The Services are most reliable when streamed over a broadband connection.

3.4

We do not guarantee continuous, uninterrupted or secure access to the Services and we are not responsible for any interruptions that may occur from time to time.  In addition we may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Services and/or our systems from time to time. We will do our best to contact you to let you know in advance if we intend to suspend the Services, unless the problem is urgent or an emergency.

3.5

You are not permitted to manipulate your internet enabled device or undertake any other activities to deliver to our servers a false geographical location when accessing the Services.

3.6

The Services are provided only for your personal, non-commercial enjoyment.  When accessing the Services you may play the same through speakers or headphones for your personal purposes. You may not make commercial use of, reproduce, rebroadcast, duplicate or otherwise transmit our programming, or record, charge admission for listening to or distribute play lists of our programming. In addition, for the avoidance of any doubt, you may not re-transmit or otherwise distribute the content of the Services in any way, including online streaming such content or making such content available for download. You may not re-skin, re-package, decompile, reverse engineer, or disassemble the Services or the Sites, or construct a media player or interface that accesses the Services or the Sites.

4. Content of Services

4.1

You assume the entire risk related to your use and reliance on any content of the Services. For instance, the Services may include traffic, weather, marine weather, and other content and emergency alert information and data, and you acknowledge and agree that such information and data cannot be relied upon.

4.2

You acknowledge and agree that some of the content of the Services may be explicit, unsavoury and offensive in nature and accordingly we are not responsible for content that you or anyone else may find inappropriate or offensive.

5. Intellectual property rights in the Services

5.1

Any music, programming, text, software (including source and object codes), data, information, visual, oral or other digital material, and all other live and/or recorded audio and/or audiovisual content of any description available on or through the Sites or included within the content of the Services (collectively, the “Content”), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the “Intellectual Property”) are owned by us or are the property of our licensors and suppliers who have given us permission to use it.

5.2

Your access to and use of the Services does not grant you any right, title or interest or license in or to any of the Content and you may not use any of the Content without our express written permission. You may not reproduce, perform, distribute, display or create derivative works from the Content. You may only use the Content and the Intellectual Property, access the Sites and access the Services as expressly permitted in these Terms and for no other purpose.

5.3

The trademarks, service marks, graphics, logos and domain names appearing within the Service or on the Sites belong to us or our affiliates or business partners (Marks). Your access to and use of the Services or the Sites does not grant you any right, title or interest or license to reproduce or otherwise use the Marks.

6. Use of our sites

Your use of our sites is governed by our terms of website use available here, acceptable use policy available here and, in relation to our mobile application, the end-user licence agreement. Please take the time to read these, as they include important terms which apply to you.

7. How we use your personal information

7.1 

We only use your personal information in accordance our private policy which is available on our privacy policy page. Please take the time to read this policy, as it includes important terms which apply to you.

7.2

You must contact us immediately of any change in your name, address, email address, telephone number, credit card or other account information.

8. Our right to vary these terms

8.1 

We may revise these Terms from time to time in the following circumstances:

(a) pursuant to clause 2.3;

(b) to reflect changes in how we accept payment from you;

(c) to reflect changes in relevant laws and regulatory requirements; and

(d) in any other way that is reasonable and legally enforceable.

8.2    

Whenever we revise these Terms in accordance with this clause 11, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

 

9. Our liability

9.1 

Subject to clause 13.2, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.

9.2 Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed

9.3

You acknowledge that the presenters of the programmes that form part of the Services are not our employees and we are not liable for content that they are responsible for that is defamatory, in breach of any contract, law or duty of confidentiality, or that constitutes contempt of court or gives rise to any other action or claim by any third party (whether or not under or in connection with the laws of England and Wales) and you agree to pursue any claim you may have in respect of the same directly against the relevant presenter.

10. Communications between us

10.1

When we refer, in these Terms, to “in writing”, this will include e-mail.

10.2    

If you wish or are required to contact us in writing for any reason, you can send this to us by e-mail or by pre-paid post to Fubar Radio Limited at the address and/or email address set out on our Contact Us page referred to at clause 1.2.

10.3     

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us when applying to use our Services.

11. Other important terms

11.1

We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

11.2 

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

11.3

This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

11.4  

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

11.5

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.6

These Terms are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.