Introduction

By registering to use the CLIQ Service (the "Service") on the website at http://www.cliqradio.co.uk (the "Website"), you confirm that you have read and agree to be bound by these terms and conditions (the "Terms and Conditions"), which will apply every time you use the Website or Service. These Terms and Conditions constitute a legally binding agreement between you and UBC Media Group Plc ("UBC", "we", "us", our"), the provider of the Service, so you should read them carefully. UBC is a U.K. company registered at Companies House (company number 3958483) with its registered office at 50 Lisson Street, London NW1 5DF.

If you have any questions about these Terms and Conditions, the Website or Service, please go to the FAQ or Contact US sections of the Website.

We reserve the right to update or amend these Terms and Conditions at any time by posting amended terms and conditions on the Website. Your continued use of the Website or the Service following any amendments shall be deemed to be your acceptance of such amendments. It is therefore your responsibility to check the Terms and Conditions regularly for any amendments.

Objectionable Material & Child Supervision

You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that we shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Service should supervise such access and use. By allowing your child access to the Service you are allowing your child access to all content which is available via the Service. It is therefore your responsibility to determine which content is appropriate for your child
Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these Terms and Conditions with your parent or guardian to make sure that you and your parent or guardian understand these Terms and Conditions

Password and Security

As a registered user of the Service, you may open one or more user accounts (each, an "Account"). You are solely responsible for maintaining the confidentiality and security of your Account(s). You should not permit anyone else to use your Account(s) and you should not use anyone else's Account(s) and in addition may not transfer you Account(s). In addition, you should not reveal your password, other security details or other information about your Account(s) to anyone else. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify UBC of any unauthorized use of your Account or any other breach of security. UBC shall not be responsible for any losses arising out of the unauthorised use of your Account.

Suspension, termination, cancellation and refunds

We reserve the right to suspend or discontinue the Service (or any part or content thereof) at any time with or without notice to you. In addition, we may place restrictions on your use of the Website/Service and our Account(s), or cancel your Account(s), if we consider (in our sole discretion) that you are breaching these Terms and Conditions. You agree that we will not be liable to compensate you or any third party should we exercise any such rights.

If we cancel your Account you are prohibited from registering for a new Account or using the Website/Service in any way.
If it is proved that you have been sent the wrong song or have been charged incorrectly we will refund the charged amount.

Your information

Please see our privacy policy for details of how we collect, use, disclose and protect personal information about you, which we receive through your use of the Website and Service

Provision of Service

1) From the time when you register for an Account, we agree to provide you with the Service in accordance with these Terms and Conditions.

2) Please note that, as we will commence providing the Service immediately upon registration, you will not have a right to cancel your contract with us under the Consumer Protection (Distance Selling) Regulations 2000.

3) We cannot guarantee that the Service will never be faulty, but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault to us by email through Contact Us on this Website or by calling 0845 371 2506. We do not guarantee the quality or availability of the Website or the Service.

4) We grant you the right to use the devices required and the software installed on the devices for the Service only.

5) We reserve the right to change the features of the Service and the way the Service operates at any time.

6) We do not accept any liability for the incompatibility of the Service with any mobile phone, radio, computer or other equipment used by you to access the Service (a "Device") or any software installed on any Device.

7) We do not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and we do not accept any liability relating thereto. You shall be responsible for backing up all music, data and other content ("Content") which you purchase via the Website/Service and which is stored on any Device.

8) We will not be responsible or liable in any way for any Content, or for any loss or damage of any kind suffered by you or a third party resulting from the use of any Content, transmitted via the Service. You agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

Payment for the Service

You agree to pay the fees for the Service using one of the methods of payment described there. All fees which apply to use of the Service are inclusive of value added tax and all other taxes which you may be liable for in respect of your use of the Service.

Acceptable use of the Service

1) You shall use the Service and the Content for private and personal use only and not for re-sale or rental or for any commercial purposes or in a way that infringes the copyright or other intellectual property rights of record companies, music publishers, recording artists or other third parties.

2) You will not copy nor permit the use by any other person of the Content you have purchased via the Service.

3) You shall only access the Service as permitted by us and you shall comply with all instructions issued by us from time to time regarding use of the Service.

4) You warrant that any mobile phone number or other data that you have provided us with while using the Service is correct and relates to a mobile phone or device owned and used by you. You shall indemnify us in the event of any claim made against us or loss suffered by us which is inconsistent with such warranty.

5) You shall not attempt at any time to: (i) circumvent the digital rights management software loaded onto any Device or any system security of such Device; or (ii) access any source software or compiled code installed on such Device, save as permitted by law.

6) You will comply with all laws and regulations which apply to your use of the Service and the Website.

Links to third party websites

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites.

Trademarks

The "CLIQ" logo and any other images, logos and names on the Website which identify the Service, UBC or any companies affiliated with UBC are proprietary trademarks of UBC or one of UBC's affiliated companies. All rights are reserved. You agree not to copy, use or modify any such trademarks without our express consent.

Copyright and other intellectual property rights

We own or have a licence of all copyright and other intellectual property rights in the Service. In addition, we own intellectual property rights in the content of the Website. We reserves all rights not expressly granted to you under these Terms and Conditions. You agree not to use the Service except in accordance with these Terms and Conditions and you agree not to copy, use or modify any copyrights materials or other content of the Website without our express consent.

Limitations on our liability

We exclude all liability for any business losses which you suffer, including, but not limited to loss of profits, business, revenue, goodwill or data, and for any other losses which are not reasonably foreseeable arising out of your use of the Service or our provision or failure to provide the Service. Notwithstanding such exclusion, if we are found to be liable to you, our total liability to you in respect of any year shall be limited to the higher of: (i) the fees which you paid to us for your use of the Service during that year; and (ii) £10

Nothing in these Terms and Conditions shall operate to exclude or limit our liability for negligence resulting in death or personal injury, for fraudulent misrepresentation or for any other liability which cannot be excluded or limited by law.

Your liability

You agree that you will compensate us in full for any losses, claims, expenses, costs or liability which we suffer as a result of a breach by you of these Terms and Conditions or any other act or omission by you.

Governing Law

These Terms and Conditions shall be governed and interpreted in accordance with the laws of England. You and we agree to submit to the exclusive jurisdiction of the English Courts. If a dispute arises between you and us, we will consider any reasonable request from you to resolve the dispute through an alternative dispute resolution procedure (such as mediation), rather than resort to litigation.

General

1) These Terms and Conditions set out the entire agreement and understanding between us in respect of the provision by us, and your use of, the Website/Service.

2) We may assign the contract between you and us to any third party by giving you notice of such assignment, but without any obligation on us to obtain your express consent.

3) Our failure to take action in respect of any breach by you of these Terms and Conditions shall not restrict us from taking action in respect that breach, if it continues, or in respect of any subsequent breaches of these Terms and Conditions.

4) If you wish to send any notice to UBC under these Terms and Conditions, you must send it by special delivery to our registered office, the address for which is set out at the start of these Terms and Conditions. Any notices we send to you shall be sent by email or by special delivery to the email address or postal address (as relevant) that you provided to us when you registered for an Account. Notices sent by email shall be deemed received 24 hours after they are sent and notices sent by special delivery shall be deemed received 3 days after they are sent.

*TERMS AND CONDITIONS OF FREE MUSIC DAY

User Agreement

This Agreement constitutes your agreement with CLIQ Radio Ltd for usage of its music download service (“The Service”) for “Free Music Day” on GMG Real and Century Radio Networks available from 00:00:01 to 23:59:59 on Monday 5th May 2008 (“The Promotion”).

You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" mean CLIQ Radio Ltd or any successor of CLIQ Radio Ltd

Please read the following terms and conditions carefully, as they form the agreement between you and us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register as a CLIQ user.

Registration

To use the Service, after selecting 10 tracks please register and provide certain information, including a member (user) name, a password and a valid email address, full payment details (“Registration Data”) in order to:

1. Collect your tracks at this point
2. Carry on selecting further tracks and the collect them

If you do not select more than 10 tracks, you have 10 days to register and collect your free music. Closing date is Thursday 15th May at 23:59:59

Although you will asked for payment details during registration, you are NOT required to pay any money or top up your account in order to get free music on Free Music Day - Monday 5th May.

No money will be taken from you until you decide to top up your CLIQ account in order to buy music after this Promotion is over.

You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate.

CLIQ is fully compliant with the Data Protection Act.

You agree that you will not allow others to use your member name, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account.

You agree to notify CLIQ immediately of any unauthorized use of your password and/or account. CLIQ shall not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless CLIQ its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

Use of software, service and tracks

Software. The Client and all other software made available by CLIQ on or through the Service is protected by intellectual property laws and your use of it is governed by this Agreement as well as any applicable end-user licence agreements.

Tracks and Materials. The Tracks and Materials are owned by CLIQ, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You agree that the content rights holders that license their musical or other content to CLIQ for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content.

You understand that your use of the Tracks and Materials is subject to the Usage Rules discussed below. You may not authorise, encourage or allow any Tracks or Materials used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed, communicated to the public or otherwise used by anyone else. You agree to advise CLIQ promptly of any such unauthorized use(s).

Usage Rules. Your access to and/or use of any Track(s) will be limited by the rules assigned to the Track(s) by CLIQ (“Usage Rules”) and described in this section.

You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any of the Usage Rules, the Promotion, the Software or the Tracks. CLIQ reserves the right to modify the Usage Rules at any time and your continued use of the Service after each such modification shall be deemed acceptance of any such modification.

A track obtained through this Promotion that the user has downloaded free of charge (“Gifted Track” ) is governed by the terms and conditions as a “Purchased Track”.

No track may be bought twice by a single user. If this does occur, CLIQ reserve the right to temporarily suspend the account.

This Promotion is subject to a Fair Usage Policy. While we would like everyone to enjoy this promotion, we reserve the right to contact you with a view to suspending your account if we feel your usage reaches an unacceptable level.

We cannot define exactly what we mean by unacceptable as this is the first Promotion of its kind for free music. Our priority is that the Promotion is fair to everyone and therefore asks all users enjoy the service within reason.

CLIQ cannot and does not accept liability for any data charges that may be incurred when using the service.

CLIQ make every effort to make the majority of tracks available on its service. We cannot and will not guarantee that every track will be available at the time of the Promotion due to copyright reasons.

CLIQ cannot and does not guarantee the service will be functional on your phone.

In order to be eligible for this Promotion it is essential that CLIQ functions correctly on your mobile phone. CLIQ cannot and does not guarantee the service will work on every UK operator, tariff and handset combination.

Any security technology that is provided with a Purchased Track is an inseparable part of it. If you have Purchased Tracks, it is your responsibility not to lose, destroy or damage them. CLIQ shall have no liability to you in the event of any such loss, destruction, or damage.

You may burn each Purchased Track to a CD up to five (5) times as part of any particular playlist of songs. A “playlist” is a discrete group of Purchased Tracks that are arranged together in a particular order. Once you have burned a Purchased Track to a CD, you agree not to copy, distribute, or transfer the track from that CD to any other media or device.

You may transfer a Purchased Track an unlimited number of times to up to three (3) portable devices that are compatible with the Service’s Usage Rules and security requirements. Once you have transferred a Purchased Track to a compatible portable device, you agree not to copy, distribute, or transfer it from that device to any other media or device.

The burning or transfer permissions provided for herein shall not operate to waive or limit any rights of the copyright owners in Tracks or Materials or any works embodied in them.

No Warranties

The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the service is provided without any warranties of any kind whatsoever either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk.

We do not represent or endorse the accuracy or reliability of any software, programs, advice, opinion, statement or other information displayed, uploaded or distributed through the service by CLIQ, our partners or any user of the service or any other person or entity. You acknowledge that any reliance upon any such opinion, download, advice, statement or information shall be at your sole risk. Your continued use of the service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Right to Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Purchasing by a minor

For the protection of our customers, it is our policy to not sell to minors. If you are under the legal age of majority and wish to purchase from our online site, please have a parent or legal guardian make the purchase for you. You represent, warrant and covenant that you are at least 18 years old.

Legal use of the service

It will be your responsibility to use the products provided through the Service in a legal manner, respecting all laws including copyright infringement laws and any other law applicable to your use of the service. CLIQ declines all responsibility related to your use of the software and services provided.

Customer Support.

Please direct any questions concerning the Client, the Service, billing and/or Usage Rules to a CLIQ customer service on 0845 371 2506