Terms and Conditions
Please read this carefully. By accessing websites owned, controlled, maintained or operated by Tin Can Media Limited ( Tin Can Media ) (including this website) (together the "Sites") and/or by registering with the Sites you are agreeing to comply with the terms and conditions set out below (which shall include the privacy policy and the Competition terms and conditions (if applicable)) ( Terms ), whether or not you register to use the Site.
If you do not agree to these Terms, please do not use the Sites or register as a user.
1. Introduction and About Us
The Sites are owned and operated by Tin Can Media Limited company registered in England and Wales under number 06913969 with its registered office at Ryan & Co, 4F Shirland Mews, London W9 3DY.
2. Access to the Sites
Access to the Sites is permitted on a temporary basis and Tin Can Media reserves the right to withdraw the Sites (in whole or in part) or amend any part of them (including but not limited to content and materials on the Sites and any services made available through them). Please also see Section 5 below.
Tin Can Media shall not be liable if for any reason the Sites are unavailable at any time or for any period.
You may only use our Sites or the software and services available through them (including but not limited to the Content and User Generated Content as defined below) (collectively, the Site Services ) for lawful purposes. You must not use our Sites or the Site Services:-
(i) in any way that breaches any applicable local, national or international law or regulation;
(ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
(iii) for the purpose of harming or attempting to harm minors in any way;
(iv) to send, knowingly receive, upload, download, use or re-use any material which is in breach of Section 5 of these Terms; or
(v) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ( Spam ).
You are responsible for making any arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that any persons who access the Sites through your internet connection are aware of these Terms and comply with them.
3. Use of Content and linking to the Sites
All content and material on the Sites (but for the avoidance of doubt excluding User Generated Content) (the "Content") belongs to Tin Can Media, or its licensors, and save where otherwise specified users should assume that all Content is owned by Tin Can Media. The Content is protected by copyright laws around the world. Unless expressly stated, no Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, and may only be used for your personal, non-commercial use. Modification of the Content or other prohibited use of the Content is a violation of Tin Can Media's copyright and other proprietary rights. All trademarks, service marks and trade names on the Sites are proprietary to Tin Can Media or its licensors.
In particular, but without limiting the above restrictions, you may not do any of the following without prior written permission from Tin Can Media:-
(i) redistribute any of the Content (including by using it as part of any library, archive or similar service);
(ii) remove any copyright or trade mark notice from the Content; or
(iii) create a database in electronic or structured manual form by downloading and storing all or any of the Content.
You may not create any link from or to our Sites without Tin Can Media's prior written consent. Please contact us if you wish to request permission to link to our Sites.
4. Registration
As a user, you will be able to access material on most areas of the Sites without going through the registration process. However, we may restrict access to certain areas of the Sites (e.g. Social - see Section 5 below) and you may need to register with us to access such areas.
On registration, you must provide Tin Can Media with accurate, complete registration information and it is your responsibility to inform Tin Can Media of any changes to that information (including in particular your e-mail address) by using the edit details function available on the Sites with which you are registered. Each registration is for a single user only. On registration, you should choose a user name and password. You should treat your user name and password as confidential. You warrant that you will not impersonate another individual when using the Sites or the Site Services.
Tin Can Media does not permit any of the following:-
(i) any other person sharing your user name and password; or
(ii) access through a single name and password being made available to multiple users on a network.
You are responsible for, and will be liable to Tin Can Media for, all use of the Sites made by you or anyone else using your user name and password (collectively, "ID") and for preventing unauthorised use of your ID. If you believe there has been any breach of security (e.g. the disclosure, theft or unauthorised use of your ID or any payment information), you must notify Tin Can Media immediately at our contact us page. Tin Can Media will not be liable to you or any third party for unauthorised use of your ID.
If you register to use the free e-mail service on the Sites (if available), you must not use the service to send, or use or re-use any material which is un-lawful, threatening, abusive, libellous or indecent or which infringes copyright or other rights of third parties or which contains any other form of illegal content. You must not use such service or any other Site Services to send any chain e-mails or Spam.
5. Social Networking and Posting Content to the Sites
The Sites include Social Networking capablilities, discussion groups and other public areas that allow you to interact with other users and Tin Can Media journalists and to post/transmit/upload ( Post ) content to the Sites ( User Generated Content ) including without limitation audio, video gig reviews you attend, album reviews, personal blogs and your personal gallery.
Where we do provide a Social Networking capabilities, we will provide clear information to you about the nature of the service being offered. Tin Can Media reserves the rights in its absolute discretion to cease the provision of any or all Social Networking capabilities without notice to you.
As mentioned above, Tin Can Media journalists (who will be clearly identified as such) will also contribute material to the the Social Network in order to stimulate discussions and ensure the smooth running of the Social Network. The Social Network may also contain User Generated Content from special guests selected by Tin Can Media. The opinions of those Tin Can Media journalists and special guests are their own and are not necessarily endorsed by Tin Can Media. They should not be considered by you as professional advisers and any comments they make are not intended to amount to advice on which reliance should be placed.
You will need to be registered as a user (unless otherwise stated) in order to Post User Generated Content. You are solely responsible for any material and information forming your User Generated Content.
By Posting User Generated Content you warrant and agree that :-
(i) you are 18 years of age or older or are aged 14 - 18 and have received consent from your parent or guardian for you to use such Social Networks;
(ii) that you will comply with any additional rules posted by Tin Can Media on the site or Social Network;
(iii) you own or are licensed in respect of the User Generated Content Posted and that you have the right, power and authority to grant the rights set out in these Terms;
(iv) that Tin Can Media is free and able to use User Generated Content in accordance with and in the manner set out in these Terms without any payment (including any royalty payments to third parties) and that in particular Tin Can Media may lawfully permit other users to view the User Generated Content;
(v) have obtained all consents, releases and permissions (including of each person identifiable) in respect of the User Generated Content;
and in addition you warrant and agree that such User Generated Content:
(vii) is accurate (where facts are stated) or if an opinion is stated that such opinion is genuinely held;
(viii) is not confidential and does not infringe the intellectual property, privacy or any other rights of any third party, and does not contain anything which is unlawful, abusive, libellous, defamatory, obscene, indecent, harassing or threatening;
(ix) is not copyrighted or alternatively that you own the copyright or have the necessary permissions and rights to use it;
(x) is not discriminatory or does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(xi) is not sexually explicit, obscene or pornographic and does not promote violence;
(xii) such User Generated Content does not solicit personal information for any users under 18 years of age;
(xiii) does not include telephone numbers, physical addresses, email addresses or last names or other personally identifiable information;
(xiv) does not violate any applicable law or regulation;
(xv) does not, to the best of your knowledge, contain a virus or other harmful component or computer programming routines, software, files or code designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(xvi) does not interrupt, destroy or limit the functionality of the Site(s) or any computer software or equipment;
(xvii) does not disguise the origin of any User Generated Content or impersonate any person or entity or misrepresent any affiliation with any person or entity or collect or store other users' personal data;
(xviii) does not, or is not likely to, harass, upset, embarrass, alarm or annoy another person; and
(xix) does not give the impression that it emanates from a third party (including Tin Can Media) if that is not the case.
You warrant and undertake that you will not:
(i) Post, link to or otherwise publish commercial material or material that promotes any commercial activities or contains recommendations to buy or refrain from buying a particular item (and in particular shares) or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any item (and in particular shares); or
(ii) Post or otherwise publish any User Generated Content unrelated to the site or Social Network or the Social Network's topic.
By Posting User Generated Content you hereby grant a perpetual, royalty-free, worldwide, non-exclusive licence to Tin Can Media to use, reproduce, modify, translate, make available, distribute, publish and/or perform the User Generated Content and to distribute and/or broadcast such User Generated Content in whole or in part in all media and in all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to sub-license any other persons to do so, in each case for such purposes as Tin Can Media may in its reasonable discretion determine. Please note that you can terminate the licence granted under this paragraph by removing the User Generated Content from the Site and emailing us at our contact us page with full details of all User Generated Content that you wish to be removed. Tin Can Media will endeavour to remove the User Generated Content from the Site within 28 days. In addition, you agree to waive any moral rights you may have in the User Generated Content and that you have obtained a waiver of all applicable moral rights in the User Generated Content.
By submitting User Generated Content to the Site(s) you agree to indemnify and hold harmless Tin Can Media from all claims, costs, liabilities and expenses (including legal expenses) suffered by Tin Can Media arising out of any User Generated Content Posted by you that is in breach of these Terms.
You agree that we may disclose your identity to any third party who is claiming that User Generated Consent you have Posted to our Site violates their intellectual property rights or any other right.
The Forums contain User Generated Content submitted by users over whom Tin Can Media has no control. You acknowledge that it is not possible for Tin Can Media to fully and effectively moderate, oversee or monitor the site and Social Network and in particular to monitor whether any User Generated Content infringes the copyright or any other right of a third party. You agree that Tin Can Media is under no obligation to oversee, monitor or moderate any Social Network and cannot therefore guarantee the accuracy, integrity or quality of any User Generated Content. Tin Can Media does not endorse any User Generated Content which is not necessarily reflective of the views of Tin Can Media. Some users may breach these terms and post User Generated Content that is misleading, untrue or offensive. You accept to bear all risk associated with your use of the Forums and should not rely on User Generated Content in making (or refraining from making) any decisions. You agree that to the fullest extent permitted by law Tin Can Media shall not be liable to you in respect of any User Generated Content you view via this Site.
Whilst Tin Can Media does not control or monitor the User Generated Content posted to Forums by users, it reserves the right (which it may exercise at its sole discretion without notice) to commence such monitoring (whether by human moderation or technical methods) or to delete, move or edit any User Generated Content.
Tin Can Media reserves the right to contact you by e-mail with regard to your use of the the website and Social Network.
6. Reporting offensive/illegal content
Whilst Tin Can Media does not control or monitor the User Generated Content posted to Forums by users, we do not wish to see harmful, offensive or illegal content on our Sites. If you have any concerns about any Content or User Generated Content that appears on our Site or you believe that such Content or User Generated Content is harmful, offensive or infringes your rights (including without limitation your intellectual property rights), please contact us at our contact us page with the following information in sufficient detail:-
(i) the location of the harmful/infringing/offensive content on our Site(s);
(ii) a brief description of why you consider the content to be harmful, offensive or infringing and a statement confirming that you have a reasonable and honestly held belief that use of the content is not authorised;
(iii) a brief description of, and information related to, the copyright work which you believe is infringed; and
(iv) your contact details.
We will remove any and all Content and User Generated Content (without prior notice to you) if we reasonably believe such Content/User Generated Content to be in breach of these Terms.
7. Suspension and termination of registration/access to Forums
Tin Can Media will determine in its discretion whether there has been a breach of these Terms through your use of our Site(s). When a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms may result in our taking all or any of the following actions:
(i) immediate, temporary or permanent withdrawal of your right to use our Sites (including our Forums);
(ii) immediate, temporary or permanent removal of any User Generated Content posted by you to our Site(s);
(iii) issue of a warning to you;
(iv) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(v) further legal action against you;
(vi) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in this Section 7 are not limited, and we may take any other action we reasonably deem appropriate.
8. News by E-Mail
Tin Can Media may give you the option to subscribe to its e-mail news service. Your use of any information received through the e-mail news service will be subject to these terms.
9. Viruses, hacking and other offences
You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which any of our Sites are stored or any server, computer or database connected to or on our Sites. You must not attack our Site(s) via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material Posted on it, or on any website linked to them.
10. Minors
We advise all parents to speak to their children regarding safety online.
11. Third Party Sites - software and Java security
The Sites contain links to other websites provided by independent third parties ("Third Party Sites"), either directly or through frames. Where possible, Tin Can Media will make clear such links are being made, although Third Party Sites may be co-branded with Tin Can Media and so include Tin Can Media's trademarks. Tin Can Media is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. In particular, if you use links from the Sites to an authorised connected site not operated by Tin Can Media to download software from the Sites or any other material, files, images or data, you acknowledge and agree that Tin Can Media has no responsibility or liability in connection therewith, and does not transfer title to you.
12. Limitation of Liability
The Content and any User Generated Content is for your general information and use only and is not intended to address your particular requirements. Whilst Tin Can Media aims to update the Sites regularly, any of the Content or User Generated Content may be out of date and Global Radio assumes no responsibility for updating this. In particular, the Content and any User Generated Content does not constitute any form of advice, recommendation or arrangement by Tin Can Media and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. Tin Can Media therefore disclaims all liability and responsibility arising from: (i) any reliance placed on Content or User Generated Content by any visitor to the Sites or by anyone who may be informed of such; and (ii) any arrangements made between you and any third party named on the Sites which are at your sole risk and responsibility.
Because of the number of sources from which Tin Can Media obtains Content and User Generated Content and the nature of electronic distribution via the internet, Tin Can Media does not give any warranties in respect of the Sites or the Site Services. In particular, the Site Services are provided on an "as is" basis. To the extent allowed by applicable law, Tin Can Media hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, Tin Can Media makes no warranty that the Site Services are free from infection by viruses or anything else that has contaminating or destructive properties.
To the fullest extent allowed by applicable law, you agree that Tin Can Media will not be liable to you and/or any third party for (i) any consequential or incidental damages; (ii) loss of business; (iii) loss of income or revenue; (iv) lost profits or contracts; (v) loss of data; (vi) loss of privacy; (vii) loss of goodwill; (viii) failure to meet any duty including but not limited to any duty of good faith; or (vi) for any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Sites or the Site Services or any breach of these Terms by Tin Can Media, even if Tin Can Media has been advised of the possibility of such damages. Notwithstanding the provisions of this section, Tin Can Media's liabilities will not be limited in the case of death or personal injury directly caused by Tin Can Media's negligence, for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or limited by law.
13. Privacy Policy
This information that you provide about yourself to Tin Can Media will only be used by Tin Can Media in accordance with our Privacy Policy. The Privacy Policy does not apply to Third Party Sites.
14. Changes to these Terms
Tin Can Media reserves the right, at its discretion, to make changes to any part of the Sites or these Terms. When these Terms are changed, Tin Can Media will publish details of the new Terms as updated from time to time. You are therefore advised to review these Terms regularly to ensure that you are aware of any changes we make. By continuing to use the Sites, you are agreeing now to be bound by those changes and revised terms.
15. Advertising and sponsorship
Part of the Sites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites complies with applicable law and regulation. Tin Can Media will not be responsible for any error or inaccuracy in advertising material.
16. Choice of law & jurisdiction
These Terms shall be governed by, and construed in accordance with, English Law. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
17. Third Party Copyright
Some of the content used on our website(s) (such as, but not limited to, images and/or audio-visual material) are copyrighted works which belong to and are supplied by third parties who reserve all their rights in such content. All such third parties shall be entitled to enter the benefit of these Terms in respect of their content as if they were "Tin Can Media" herein and shall be bound accordingly.
18. General
You may not assign, sub-license or otherwise transfer any of the rights under these Terms. If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.
Tin Can Media Limited 2009
Tin Can Media Limited Privacy Policy
Tin Can is owned and operated by Tin Can Media Limited company registered in England and Wales under number 06913969 with its registered office at Ryan & Co, 4F Shirland Mews, London W9 3DY ("Tin Can Media").
Tin Can Media Privacy Policy
Any information you provide about yourself to Tin Can Media Limited ( Tin Can Media ) or our associated companies will only be used in accordance with our Privacy Policy Statement, detailed below. Please note, the Privacy Policy Statement does not apply to websites or text services operated by third parties.
We collect information from you for a number of reasons, for example:
- To provide personalised services for our individual users.
- To enable us to send out editorial content that you ve requested.
- To enable us to send out promotions in which we think you will be interested.
- To help us to improve the services we offer.
To use anonymous, aggregated details about our users to sell appropriate advertising space on our websites and other properties (for example, we may need to tell advertisers what proportion of the visitors to our websites are female), collect promotional and marketing information, and to pass on offers to our users, and does not mean sharing an individual's details with an advertiser.
Our Aims
1. We are fully committed to protecting your privacy and will respect your privacy in terms of email, mobile and any other details you submit to us via any media.
2. We will not collect personally identifying information except with your specific knowledge and consent.
3. We will work with our suppliers to ensure that your data is protected with high quality, reliable and secure technology. Our technology partners invest in high-quality security and work hard to protect your privacy.
4. We follow strict security procedures set out in UK Data Protection Legislation in respect of the storage and disclosure of information given by you via our websites, your mobile or via any other media.
Collection of Information
5. We collect information on our users through cookies on websites, interactions with both our websites and our text services and via other media, such as postal registrations to club membership.
6. The information we need depends on how you are interacting with our website, text or otherwise but could include an email address, a password, age, gender and postcode and a mobile telephone number although additional information may also be requested. We may ask further or different questions for different services, including competitions. Unless stated, all questions are compulsory. We may also ask some further, voluntary questions so we can gain a clearer understanding of our users. Your responses help us to sell appropriate advertising space and to alert you to information we think may be of interest to you and so improve the offering we can make to users. They also enable us to personalise services for our users, for example through club membership. We do not share this information with third parties unless you have specifically consented to this.
7. If you are registered you may update your personal information at any time via the Profile page for web users, where registration is available on the site. You can get to the Profile from most pages on the website if you are logged-on. If you are a text user then the text messages you receive from us will alert you to options for unsubscription and/ or change of details please follow these messages.
8. When you interact with us via either online or text services you may be invited to register with us. Such registration is your choice. Your decision to register or otherwise will not have any effect on the outcome of any competition.
Cookies
9. You may have read about "cookies", small pieces of information that are stored by your browser on your computer's hard drive. Tin Can Media uses cookies to identify registered users without needing to ask for registration details every time you access one of our sites. The cookies control the display of ads, to ensure that you don't see the same ad too many times in a single session, for example, and to track usage patterns on our sites. Our cookies do not contain any personally identifying information. While using the sites, you may notice that our advertisers occasionally serve you cookies, either directly or when you link to their sites. We cannot directly control what our advertisers or these cookies do, but it's our policy that advertisers on the sites should use cookies the same way we do.
10. Occasionally, we may use cookies to track registered or unregistered users as they travel through the site - for instance, we might use cookies to count the total number of unique users who are accessing the site over a particular period of time. This information will never be shared with a third party at an individual level, and is used to make our systems more efficient.
11. If you are concerned about cookies, you can turn them off in your browser. However, please note that if you do this some areas of the site may not work properly.
Safe Harbor
12. For purely technical and operational reasons, your user data may from time to time be stored on our behalf on servers based overseas. All contractors operating such storage on our behalf will be identifiable as Safe Harbor compliant.
Data Protection Act
13. We will ensure that all personal information supplied is held securely in accordance with the Data Protection Act 1998 and its relevant subordinate legislation and we will comply with the principles set out in that Act. When you supply any personal information to us we will meet our legal obligations towards you in the way that we deal with that information. In accordance with the data protection principles we have to collect the information fairly and to let you know how we will use it (see paragraphs 14 - 18) and whether we will pass the information on to anyone else. We will not supply your personal information to third parties without your express prior consent or where required by law. We will ensure that any information will be held only as long as is necessary to ensure that our service runs smoothly. We use up to date industry procedures to keep personal data as safe and secure as possible and to protect against loss, unauthorised disclosure or access.
Use of Information
14. Where you have opted to receive information from Tin Can Media and our partners and submitted personal information about yourself we may from time to time provide you by e-mail, mail, text or otherwise with an update of information about our services and products. You may "opt out" at anytime time by clicking on unsubscribe links provided in subsequent communications.
15. You should be aware that any information you post in our public areas on our websites, such as message boards, may be seen, collected and used by others, and may result in unsolicited messages from other users or parties. We can't control this; you post at your own risk.
16. We will e-mail, mail, text or otherwise, as appropriate, occasionally with information about your registration and/or your club membership if you have joined one.
17. Sometimes you will provide us with data that doesn't reveal your personal identity. We may use this sort of information for editorial marketing and promotion purposes and occasionally for other purposes.
18. Any research carried out via our websites or through text message to your mobile is for the exclusive use of Tin Can Media unless specifically stated at the time of completion. However, please note that pooled responses to questions may be shared with our partner organisations.
Advertisers, Sponsors and Associates
19. Where we collect registration information from you, we will only contact you ourselves.
20. We will not sell, trade, rent or pass on any individual s user details (including your email address and/ or mobile telephone number) unless we have your prior consent. With your permission we will only share the information with carefully chosen, reputable and trustworthy third parties.
21. We will never share your personally identifying information with a third party, including an advertiser, without your explicit permission. Similarly, you will receive unsolicited mail or texts only from Tin Can Media and associated companies only if you have agreed to this.
22. A few special cases are worth noting: From time to time we may run competitions or request material we can publish; to participate, you must usually supply us with your identity which you agree to have publicly associated with your submission. The exact rules vary from case to case, and will be noted clearly on the relevant pages. Your participation will always be voluntary and knowing.
23. Otherwise, we will only share anonymous aggregate statistics about our users, sales and traffic patterns with our advertisers. Whilst your individual information is protected as outlined above, we reserve the right to use aggregated, anonymous data about our users as a group whether this is in connection with either web or text users. For example, we might report to potential advertisers that a certain percentage of our users are interested in its products, based on information requests.
24. We reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate our systems properly and to protect both ourselves and our users.
25. We may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.
26. Tin Can Media and our associated companies follow the relevant legal requirements and uses all reasonable precautions to ensure only responsible third parties see the information, however we are not responsible for any breach of security or any actions of any third parties who receive the information.
We reserve the right to change our privacy policy and all changes will be posted here. Where the changes are significant, we may also choose to email all our registered users with the new privacy policy.
Tin Can Media Limited 2009
Competition Terms and Conditions
Please read this carefully. By accessing websites owned, controlled, maintained or operated by Tin Can Media Ltd ( Tin Can Media ) (including this website ) (together the "Sites") and/or by registering with the Sites you are agreeing to comply with the terms and conditions set out below (which shall include the privacy policy and the Competition terms and conditions (if applicable)) ( Terms ), whether or not you register to use the Site. If you do not agree to these terms and conditions of use, please do not use the Sites or register as a user.
1. Introduction
1.1 These Competition terms and conditions shall be binding on you ( you ) when you enter any promotion, prize draw or competition ( Competition(s) ) operated by Tin Can Media Ltd ( Global ) (including but not limited to those Competitions operated by Tin Can Media on behalf of its sponsors) or any company or website owned or controlled (directly or indirectly) by Tin Can Media from time to time.
1.2 Any specific rules, entry instructions and any other specific details relating to the particular Competition or the Competition prizes or gifts ( Prizes ) published on this website or in any media which features the Competition (i.e. on-air messages) together with these Competition terms and conditions form the Competition terms ( Terms ). Entry and participation in any Competition shall be deemed an unconditional acceptance by you of these Terms.
1.3 It is agreed and accepted by you (except in respect of death or personal injury directly attributable to Tin Can Media s negligence) that Tin Can Media shall have no liability whatsoever in respect of Competitions operated by third parties and featured on air or on our Sites. The relevant third party will be responsible for the fulfilment of the Competition. Tin Can Media accepts no responsibility for the acts or omissions of such third parties.
1.4 No purchase of any kind is required for free prize draws. Please follow the directions either on the Site for the particular Competition or as publicised in on-air messages.
1.5 You have made certain representations and warranties to Tin Can Media (both in these Terms and otherwise) in entering the Competition and/or applying for a place on the Competition. Tin Can Media has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should Tin Can Media or its agents become aware of any fraud, dishonesty, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might (in Tin Can Media s opinion, which shall be final) have an adverse effect on the Competition, Tin Can Media (or any of its radio stations), reserves the right in its absolute discretion (without notice to you and/or without giving reasons) to (i) forfeit your place on the Competition; or (ii) withdraw the Prize(s).
1.6 You agree to co-operate with and comply with all reasonable requests of Tin Can Media and its agents and employees (and in particular the health and safety team) in connection with any Competition and its broadcast.
2. Eligibility to enter competitions
2.1 You must be a resident of the United Kingdom to enter a Competition. Employees of Tin Can Media, their families, press, agencies or any persons directly or indirectly connected with a particular Competition are not eligible to enter such Competition. Tin Can Media reserve the right to verify the eligibility of all entrants.
2.2 Unless otherwise stated, only one entry per person will be permitted and multiple entries will be void and the entrant(s) disqualified.
2.3 You may only enter a Competition as an individual, any entries that, in Tin Can Media s absolute discretion, have been made via participation in a syndicate will be disqualified.
2.4 Any entries made, in Tin Can Media s absolute discretion, via any form of machine assisted intervention enabling multiple entries will be disqualified.
2.5 Tin Can Media reserves the right to discount multiple entries from the same IP address or telephone number, unless the specific terms and conditions for the Competition state that multiple entries are permitted.
2.6 A person may not win more than one prize valued at 300 or greater (subject to each individual station s discretion) within a six month period following the first win, nor shall any member of such person s family residing at the same address (including, but not limited to, aunts, uncles, cousins, grandparents etc.). Tin Can Media reserves the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered.
2.7 Where it is expressly stated that a Competition is open to over 18 s only, you represent and warrant that you are at least 18 years of age on the closing date for entries to a Competition and, if requested by Tin Can Media, shall provide evidence of your age to Global s reasonable satisfaction.
2.8 Proof of eligibility to enter a Competition must be provided to Tin Can Media on request.
2.9 You must enter any Competition using your legal name. Tin Can Media reserves the right to disqualify anyone entering a competition using a false name. By entering a Competition, you hereby warrant that all information submitted by you is true, current and complete.
3. Health and Safety
3.1 By entering a Competition, you confirm and warrant that, to the best of your knowledge and belief, your general state of health is good and you have no medical condition that could be adversely affected by strenuous exercise or any of the events or activities planned or reasonably expected to be involved in the Competition. You confirm that you are not taking any medication at present and will not take any medication during the Competition which may be affected by your participation in the Competition.
3.2 You must take all reasonable steps to ensure your own health and safety when taking part in any events or activities forming part of the Competition or the Prize. Any behaviour or act or conduct by you which Tin Can Media considers to pose any medical, security or safety risk (including without limitation any abusive behaviour, physical or psychological) will lead to your immediate disqualification.
3.3 You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledge that all activities are undertaken at your own risk.
3.4 You must notify Tin Can Media of any medical or other condition which may mean that you are unfit for travel or participation in the Competition as soon as you become aware of such a condition. Tin Can Media reserves the right to forfeit your place on the Competition or the Prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
3.5 You agree not to carry on your person (or in your possession or control) or to purchase or consume during the Competition any illegal substance. You acknowledge and agree that alcohol consumption will only be allowed with the express prior consent of Tin Can Media and the health and safety team, who will have full authority to direct that you shall not consume any more alcohol.
3.6 You will comply with all directions of Tin Can Media or Tin Can Media s representatives in respect of health and safety. Failure to do so may lead to immediate disqualification, or immediate withdrawing of the Prize at Tin Can Media s direction.
4. Competition entries via text message and telephone
4.1 Please note, only callers with mobile phones using certain networks will be able to participate in Competitions using a Short Message Service ( SMS ), known commonly as a text message. Users should check with their service provider for details of compatibility. Tin Can Media will not be liable in the event of telephone or text message entries not received as a result of network incompatibility, technical faults, or otherwise.
4.2 Entries by text message must be sent to the applicable shortcode as advertised on-air. Please be aware that shortcodes may change from Competition to Competition. Entrants should only submit one text message entry for each competition (unless otherwise stated for the specific Competition) and Tin Can Media reserves the right to discount multiple entries.
4.3 For the avoidance of doubt, you should follow the on-air instructions regarding the texting of Competition answers extremely carefully as Tin Can Media cannot guarantee Competition entry for mis-spelt or incorrect text entries.
4.4 A text message to the Competition shortcode or a telephone call to the Competition line will normally cost the standard rate for your mobile or telephone provider unless expressly stated in the specific rules for the Competition. You should check with your network provider for more details. For the avoidance of doubt, the cost of text messages from different mobile phone service providers may vary. No purchase of any kind is necessary for free prize draws and in all Competitions which are free prize draws where an offer is made for participation involving a premium rate telephone call or reverse billed SMS message, alternative non-billed entry mechanisms will be made available. You should refer to this Site or on-air messages for the relevant Competition for details of the no purchase necessary route to entry.
4.5 Tin Can Media reserves the right to disclose your personal data to PhonepayPlus at the reasonable request of PhonepayPlus.
4.6 Text messaging charges incurred as a result of entry to the Competition(s) will be paid via your mobile phone service provider and will be detailed, where possible, on your mobile phone bill.
4.7 Any person using a telephone which is not his or her own should ask for the permission of the person who pays the phone bill before sending a text message or telephoning the competition line.
4.8 In the event that a telephone call to a Competition entrant is disconnected for any reason before or during the competition, Tin Can Media reserves the right to select another entrant to participate in the Competition. In the event that an entrant does not answer their telephone when contacted by a representative of Tin Can Media in order to participate in a Competition, Tin Can Media reserves the right to select another entrant to participate in the Competition.
5. Claims to prizes
5.1 In order to enable Tin Can Media to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, evidence of Competition entry must be made available if requested for the checking of such claim. In addition, Tin Can Media reserves the right to request proof of identity, age and address in the form of your passport or driving licence, and proof of your address in the form of a utility bill. Tin Can Media may also carry out an interview in order to validate such claims. Interviews may be by telephone or in person with you and may be recorded. Tin Can Media may also ask you to provide an in-studio recording to compare to your on-air win to provide proof of vocal identity. If you refuse to provide any of these details or participate in or answer all questions raised in such an interview without good reason then your place in the Competition will be treated as invalidated and the Prize may be withdrawn.
5.2 If Tin Can Media becomes aware of any fraud, deceit, misconduct or similar action during or in relation to a Competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of Tin Can Media, that you had no actual or imputed knowledge of such fraud or deceit or similar action. For the avoidance of doubt (and without limitation), if you provide an incorrect name, age, address or other incorrect information in relation to the entry, then Tin Can Media reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after you have made the claim). If the fraud, deceit, misconduct or other action is only discovered after the Prize has been released, you undertake to return the same (or provide compensation) to Tin Can Media forthwith upon notification by Tin Can Media.
5.3 Failure to claim a Prize in the time or manner specified for the relevant Competition will make any claim invalid.
5.4 Winners of Prizes will be notified within 28 days of the relevant end date of the Competition. Prizes must be claimed within 28 days of notification.
6. Prizes
6.1 All Prizes are non-transferable and may not be given, assigned or sold to another person. Prizes cannot be exchanged for cash or other alternatives.
6.2 Tin Can Media does not accept any liability for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
6.3 In the event of unforeseen circumstances or circumstances outside Tin Can Media s reasonable control, Tin Can Media reserves the right to offer an alternative prize of equal value. No cash will be offered.
6.4 In the event of there being more claims than Prizes available, the name of the valid claimants will go into a draw for the Prizes.
6.5 A prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the prize or where the supply of the prize to that person would be unlawful.
7. Holiday Prizes
7.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by Tin Can Media. There will be no cash alternative. There will be no alternative destination.
7.2 Holidays are non-transferable. Holidays are subject to availability. You must hold a valid passport with at least 6 months further duration and no visa restrictions on your ability to travel to the relevant destination (or Competition entry will be invalid).
7.3 Holidays are not available to persons under the age of 18 unless otherwise stated in the specific terms and conditions for a Competition. Children under 18 years of age must obtain written consent from a parent or guardian and cannot travel unless accompanied by an adult over the age of 18.
7.4 All holidays must be taken within 6 months of the date of the Competition (unless agreed with Tin Can Media or otherwise stated in the specific terms and conditions for the Competition) or will be deemed invalid.
7.5 You must comply with the terms and limitations of any travel insurance policy offered as part of the Prize, relating to the holiday. Where no insurance is offered, you are responsible for obtaining adequate travel insurance.
7.6 You must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the Prize. There may be additional terms and conditions imposed by the Prize provider which must be complied with and Tin Can Media will not be responsible for your failure to comply with such terms and conditions. In particular, you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
7.7 You are not entitled nor authorised in any way to commit Tin Can Media to any contract, expense or cost entered into or incurred without its advance written acceptance of the same.
7.8 Passport control and in-country authorities will reserve the right to refuse entry. If you are refused passage and or entry/exit to or from the country being visited, any additional costs incurred will be your sole responsibility.
7.9 Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by Tin Can Media or its agents are for guidance only and are subject to change without notice with no liability arising. You must have sufficient financial resources to meet any financial commitment which you may incur in connection with the Prize beyond those included in the Prize itself (including, without limitation, transfers to and from a London airport, meals and drinks).
7.10 You must comply with and are responsible for attending to any inoculation and health regulations or visa requirements required for your destination.
8. Ticket give-aways
8.1 In the case of prizes in the form of free tickets, ticket holders shall be bound by and comply with the event promoter s terms and conditions together with those set out on the ticket and the rules and regulations of the venue.
9. Voting
For Competitions involving online voting, entrants must register a valid email address to be entitled to vote. Only one vote for each valid email address will be accepted. Tin Can Media reserves the right to disqualify multiple votes.
10. Disqualification of Entries and Cancellation of the Competition
10.1 You acknowledge that the interests and good reputation of Tin Can Media and its radio stations are paramount and Tin Can Media may, at its reasonable discretion, withdraw a place or require you to cease to have any involvement in the Competition if it believes it is in the best interests of Tin Can Media to do so.
10.2 Tin Can Media reserves the right to immediately withdraw your place on the Competition or the Prize if it believes you to be in breach of any of your obligations, or representations and warranties, under the Terms or if you otherwise conduct yourself in a manner which is inappropriate or unsuitable (as determined in the reasonable discretion of Tin Can Media). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary).
10.3 In the event of disqualification, Tin Can Media reserves the right to select another entrant to take part in the Competition.
10.4 Tin Can Media shall be entitled, in its reasonable discretion, to cancel (and/or recommence) a Competition with immediate effect by on air announcement (in the case of on-air competitions) or by stating the same on the relevant website (in the case of on-line competitions) without any liability in respect thereof. In this event (and assuming a valid claim has already been made), Tin Can Media will use reasonable endeavours to offer an alternative prize at some other time and/or if applicable some other destination, which may be accepted instead by you. If such alternative prize is not accepted (or not made) you shall have no claim against Tin Can Media in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof.
10.5 Tin Can Media reserves the right to forfeit your place on the Competition or the Prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
10.6 A Competition or specific promotional devices, may be declared as void by Tin Can Media if such promotional devices contain a printing error, or involve a production or distribution error, of any kind. Promotional devices found to be mutilated, illegible, altered, reconstructed, forged or tampered with in any way will also be declared void by Tin Can Media.
10.7 The Competition may also be declared void should a printing or production error in connection with the Competition appear on this Site or occur in an on-air message.
10.8 Tin Can Media reserves the right in its reasonable discretion to (i) disqualify any claimant or entrant whose conduct is contrary to the spirit of these Terms or the intention of the Competition; (ii) declare as void any claims or entries resulting from printing, production or distribution errors (including any errors relating to the description of the Competition on this Site or on-air) or where there has been errors in the preparation for or the conduct of the Competition materially affecting the result of the Competition or the number of claims or the value of the claims.
11. Confidentiality
11.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Tin Can Media, its business, personnel, servants, agents or officers to anyone.
11.2 You may not publicise your involvement in the Competition or the fact that you have won a Prize without the prior written permission of Tin Can Media.
12. Publicity
12.1 Winners must as a condition of the Prize participate in all publicity required by Tin Can Media and/or third parties connected with the Competition.
12.2 You acknowledge and agree that Tin Can Media may publish winners names on any and all media and make these available on request to third parties. Winners names are available on request by sending an SAE to the address published on this Site and/or stated on air up to 1 month after the closing date for the relevant Competition.
12.3 You shall not without the specific prior written consent of Tin Can Media publish or disclose any information in connection with the Competition or the Prize (in particular, without limitation, to a representative of the media, in whatever form). You shall not be entitled to give interviews or be involved in articles or reports in respect of the Competition or the Prize with any third party. All rights in relation to the Competition and your involvement therein shall vest exclusively with Tin Can Media.
12.4 You agree to undertake (as requested by Tin Can Media) all interviews, Competitions and other activities and to the reproduction, publication, exhibition, transmission and broadcast of such by all means and media throughout the world at the discretion of Tin Can Media in perpetuity.
12.5 Without limitation to any other rights under this Agreement, Tin Can Media shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.
13. Intellectual Property
13.1 Unless otherwise stated, Competition entries will not be returned to you.
13.2 In respect of copyright and other intellectual property rights in any Competition, your entry into the Competition, and your involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the Products ), you:
(a) hereby grant to Tin Can Media a non-exclusive, royalty-free perpetual worldwide licence to use any such copyright and other intellectual property rights in any and all media to the extent Tin Can Media deems it appropriate; and
(b) agree, at Tin Can Media s request, to assign to Tin Can Media the entire such copyright and other intellectual property rights (including without limitation where such Products are not in existence at the date of this Agreement, by way of present assignment of future copyright) and you agree to do all such acts as may be reasonably requested of you by Tin Can Media to effect the assignment under this clause and you agree that the licence and, if applicable, any assignment shall include the right for Tin Can Media to alter, edit, compile, amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such Products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and the right to sub-license such rights to any other persons, in each case for such purposes as Tin Can Media may in its absolute discretion determine.
13.3 Any information submitted by you relating to a Competition must be personal and related specifically to you. You warrant that any information which you submit to Tin Can Media will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libelous, defamatory, obscene, indecent, harassing or threatening. Tin Can Media reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove such information.
13.4 By entering any Competition and submitting any material or Products you warrant to Tin Can Media l that:
(a) you own or are licensed in respect of the Products submitted as part of the Competition conditions and that you have the right, power and authority to grant the rights set out in these Terms;
(b) Tin Can Media is free and able to use the Products in accordance with and in the manner set out in any relevant terms;
(c) you agree to waive any moral rights you may have in the Products and have obtained a waiver or all applicable moral rights in the Product and further have obtained all consents and permissions in respect of the Product;
(d) the Products do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising);
(e) the Products are not defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) the Products are not obscene or pornographic; and
(g) the Products do not, to the best of the your knowledge, contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
13.5 The entrant to a Competition is the individual submitting the media (ie the person who owns the mobile telephone or who can be reached at the relevant email address). If the person(s) whose image is captured in any images, videos or other media is different to the person submitting the media, the person featured in the image shall have no claim to the Prize or any part thereof.
13.6 You must ensure that any person or persons whose image has been used in the relevant Products has given valid consent for the use of their image or has waived any rights they may have in the images, videos or other media submitted. Failure to adequately demonstrate this consent to the satisfaction of Tin Can Media may result in your disqualification from the Competition and forfeiture of any Prize.
13.7 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in Tin Can Media for its own use (in its absolute discretion).
14. Exclusion of liability
14.1 Tin Can Media is not liable in any way for any costs, expenses, damages, liability or injury suffered by you arising out of or in any way connected with the Competition or Prizes other than those costs and expenses specifically provided for in the Prize (if any). This exclusion does not include any liability for (i) negligence by Tin Can Media; (ii) death or personal injury arising out of Tin Can Media s negligence or the negligence of its employees; (iii) fraud or fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by law.
14.2 Tin Can Media accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
14.3 Tin Can Media shall not be liable to perform any of its obligations under the Competition or in respect of the Prizes where it is unable to do so as a result of circumstances beyond its reasonable control and whilst Tin Can Media may endeavour to provide an alternative Prize, it shall not be liable to compensate you in such circumstances.
15. General
15.1 You will comply with the instructions and directions of Tin Can Media or Tin Can Media s representatives. Failure to do so may lead to immediate disqualification or withdrawal of the Prize, at Tin Can Media s direction.
15.2 You agree you will not by any act or omission do anything, which might bring Tin Can Media or its websites into disrepute. You represent and warrant that you do not have any criminal convictions or criminal record and have not undertaken any past act or conduct which could adversely affect the reputation of the Competition or Tin Can Media. You also warrant that you do not currently, and have not in the past, worked for any other media organisation in the United Kingdom.
15.3 Source material utilised by Tin Can Media s question compilers shall be taken as correct.
15.4 Late entries (i.e. entries received after the relevant advertised closing date for the Competition) will not be accepted.
15.5 Tin Can Media does not accept responsibility for entries lost, damaged or delayed in transit to the Competition address nor for any problems related to telephone networks/lines, computer systems or equipment, internet issues including traffic congestion. Proof of posting will not be accepted as proof of receipt nor will proof that an e-mail has been sent be deemed proof of receipt.
15.6 No entries will be accepted from agents, in bulk or from third parties.
15.7 The decision of Tin Can Media s judges is final and conclusive in all circumstances and no correspondence will be entered into.
15.8 Incomplete or indecipherable entries will be void. Unless otherwise stated, photocopies (e.g. of entries or tokens) will not be accepted.
15.9 Tin Can Media reserves the right, in its reasonable discretion, to add to, amend, or waive any Terms on reasonable notice, including but not limited to extending or reducing the duration of a Competition, and giving clues.
15.10 Tin Can Media cannot accept any responsibility for any damage, loss, injury or disappointment suffered by you in entering the Competition or as a result of accepting any Prize.
15.11 Any personal data submitted by you will be used solely in accordance with current UK data protection legislation and Tin Can Media s privacy policy .
15.12 You undertake the Competition and the taking of any Prize at your own risk.
15.13 You agree to indemnify Tin Can Media and its websites and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by Tin Can Media arising as a result of a breach by you of your obligations under the Terms or in any way in connection your failure to follow Tin Can Media s reasonable instructions with regard to your entry into the Competition or taking of the Prize.
15.14 There is no fee payable to you in respect of your involvement in the Competition.
15.15 In the case of online Competitions you acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by Tin Can Media may be accessed by third parties. Tin Can Media accepts no liability for loss resulting from your entry to an online Competition.
15.16 These Terms shall be governed and construed in accordance with the laws of England and Wales and you and we submit to the exclusive jurisdiction of the Courts of England.
15.17 No variation of these Terms is effective unless approved by an authorised representative of Tin Can Media in writing.
15.18 The Terms represent the entire agreement between you and us relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Tin Can Media) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. The invalidity, illegality, or unenforceability of the whole or any part of these Terms or any specific terms for a Competition published on this website or in any media featuring the Competition does not affect or impair the continuation in force of the remainder of the Terms.
15.19 The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.
15.20 These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
15.21 If any provision of the Terms are held by any competent authority to be invalid or unenforceable in whole or in part that part shall be severed from other terms and conditions and the validity of the other provisions of the Terms and the remainder of the provision in question shall not be affected.
August 2009
