Terms of use

Last Updated 27th February 2009.

Radio in Schools Limited ("We, Us, Our") maintains this website (the "Website") as a service to you. We are a company limited by guarantee and registered in England and Wales with number 06219971 whose registered office is at One Redcliff Street, Bristol BS1 6TP.

These Terms of Use ("Terms") govern your use of the Website and apply to:

〈 all persons visiting the Website ("Visitors");

〈 the member of the teaching faculty of the relevant school or other individual nominated by the relevant school who completes the Website registration process set out in Section 1 below ("Representative");

〈 Representatives, members of the teaching faculty of the relevant Representative's school ("Teachers") and children and young persons of the relevant Representative's school ("Students"), who have registered to use the Website as set out below and are authorised to access the interactive areas of the Website (together "Users").

By accessing and/or using this Website, Visitors, Representatives, schools and Users ("You", "Your") are expressly and personally agreeing to comply with and be bound by these Terms. Where indicated in these Terms or elsewhere on the Website, Representatives also act on behalf of their schools in order to confirm their school's acceptance of these Terms.

We have created these Terms to protect Our Users and Visitors and to ensure that the Website is safe and fun for everybody. If You do not accept these Terms You are not authorised to use the Website and must leave the Website immediately.

We may revise and update these Terms at any time and will indicate at the top of the page when these Terms were last revised; please periodically review the Terms. Your continued usage of the Website indicates Your agreement with any such changes.

These Terms incorporate Our code of conduct in paragraph 4 below ("Code of Conduct"), which sets out rules governing Your activities on the Website, and Our Privacy Policy, which tells You how We use Your personal information.

Please review these Terms carefully, as they constitute a legally binding agreement between Us and You and contain important provisions relating to your legal rights and obligations. In particular, your attention is drawn to sections 10 (Legal Disclaimer), 11 (Disclaimer of Warranties), 14 (Limitation of Liability) and 15 (Indemnification).

1. Accessing the Website

This Website is only intended for use by people who are resident in the United Kingdom. By using Our Website You warrant that you are resident in the United Kingdom.

The Website provides interactive areas in which Users may create, upload, store and edit podcasts and/or post communications on message boards, forums and/or blogs (the "Radio in Schools Interactive Areas").

On completion of the initial online registration of a school to the Website as set out below, each school may create an individual home page. Users who have registered to the Website as set out below can create and upload podcasts to their relevant school's homepage, however, only a Teacher can authorise podcasts to be made available to Visitors and other Users.

Role of Representative

By registering its school for this Website, the Representative confirms that it has continuing authority to act on behalf of its school and its Users (and that it has the consent of the parents or guardians of all Students) for the purposes of binding the school and its Users to these Terms and to provide the data required by Us. Schools and Users agree that we may deal with their Representative for all purposes in connection with these Terms.

The Representative will ensure that parents and guardians are informed that Students will be using the Website and that Students personal information will be collected, used and disclosed in accordance with the terms of Our Privacy Policy. The Representative confirms that Students who are under the age of 18 years will not be permitted to use the Website without consent from their parent or guardian.

Trial

Representative Access In order to access the Radio in Schools Interactive Areas each school will register for a 30 day free trial ("Trial") of the Website. Representatives must complete the online registration form on behalf of their school. During the registration process, the Representative will nominate a username and password and two security questions and answers which will be used by the Representative to access the Radio in Schools Interactive Areas during the Trial. Before We activate the Trial We will contact the secretary of the school to verify the identity of the school and the Representative. If We do not receive the necessary confirmation of the identity of the school and the Representative, We reserve the right to block the account and restrict Your access to the Website.

Teacher Access In order to authorise a Teacher(s) to access the Radio in Schools Interactive Areas during the Trial, Representatives will nominate, in respect of each Teacher, a unique username and password which Teachers will use to access the Radio in Schools Interactive Areas. On initial login, ,Teachers will be asked to nominate two security questions and answers that will be used when making changes to the site.

Student Access In order to access the Radio in Schools Interactive Areas during the Trial, each Student must complete an online registration form which will include the nomination of a username and password. and two security questions and answers.

Account Activation

The Representative may upgrade from the Trial account to a paid account at any time during the trial period. Details of the Fees can be found on our pricing page. If we do not receive confirmation of the election from the Representative on behalf of the school immediately at the end of the Trial to upgrade to a paid account, Users access to the Radio in Schools Interactive Areas may be blocked.

On receipt of confirmation from the Representative of the school's election to upgrade to a paid account, We will invoice the school for the relevant Fee and activate the account which will entitle Users to access the Radio in Schools Interactive Areas for a period of 12 months from the end of the trial period or receipt of such confirmation, whichever is later ("Activation Period"). If the school does not pay Our invoice within 30 days of the date of invoice, We reserve the right to block Your account and suspend Users access to the Radio in Schools Interactive Areas until we have received full payment of the relevant Fee in cleared funds.

On expiry of the Activation Period, Users access to the Radio in Schools Interactive Areas will be suspended and the process of activating the account as set out above will be repeated for further periods of 12 months.

If the school does not reactivate its account on expiry of the Trial or any Activation Period or does not pay the relevant Fee, Users access to the Radio in Schools Interactive Areas may be blocked and any materials uploaded, published or displayed by Users during the Activation Period will be deleted on expiry of a further three month period.

We reserve the right to increase the Fees once in each calendar year. Any increases will be notified to You by way of an update to the Fees page. Please review the Fees page before You elect to renew for any Activation Period.

Radio in Schools will provide one podcasting microphone per school upon subscription to a full Radio in Schools account. Radio in Schools reserves the right to choose any suitable podcasting microphone as part of this offer.

Username and Password Security

You may access the Radio in Schools Interactive Areas if You are a User and have completed the online registration form and nominated a username and password (Your "registration") in accordance with the requirements of Section 1. You are responsible for maintaining the confidentiality of Your registration and for all uses of Your registration, whether or not authorised by You. If You think that somebody else knows Your registration You must tell Us immediately so that We can change Your account details. Please contact Us using Our contact form if You believe Your registration is no longer secure.

We reserve the right at any time to block Your registration and restrict Your access to the Website where You or any of Your Users breach these Terms or where We suspect that Your registration is no longer secure. We are under no obligation to reactivate Your account.

2. Content on Our Website

The school alone is responsible for (i) the content and accuracy of any materials uploaded ("posted"), published or displayed on the Website ("User Content") (ii) authorising such User Content to be made available to Visitors and other Users and (iii) the consequences of any such communications. The schools must ensure that their Users comply with these Terms. We will not be responsible, or liable to any third party for any User Content posted by You or Your Users on the Website.

You represent, warrant and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted or shared by You on or through the Website will violate or infringe (i) the rights of any third party including, without limitation, copyright, trade mark, privacy, publicity or other personal or proprietary rights, or (ii) Our Code of Conduct.

Whenever You make use of a feature that allows You to post User Content to the Website, or to make contact with other Users of the Website, You must comply with the standards set out in the Code of Conduct. You must ensure that any contribution will comply with the standards set out in the Code of Conduct and You will reimburse Us for any losses, expenses or liabilities We incur as a result of You failing to comply with the Code of Conduct.

You are only permitted to post User Content to the Website if (i) You are aged 18 years or over or (ii) You are a Student between the ages of 14 and 18 years and have obtained the consent of Your parent or guardian or Your teacher who acts as the Representative. If You are a Student and do not know who Your Representative is, You should speak to Your teacher. User Content created by Students under the age of 14 can only be posted by a Representative, parent and/or guardian.

You are only permitted to post material to the Website that You have created or which You have permission to post. You confirm to Us that: (i) You own the User Content posted by You or otherwise have the right to sub-license such User Content to Us on the terms set out in these Terms; (ii) the posting of Your User Content on or through the Website does not violate any applicable laws; (iii) if User Content posted by You contains information relating to another person, You have the consent of that person for the information to be posted on the Website and (iv) You acknowledge that You are responsible for determining the purposes for which information relating to other people contained in User Content posted by You is used.

By submitting User Content, which shall include Your username and password as described in Section 1 above, to any Radio in Schools Interactive Area, including message boards, forums, and blogs You grant Us a royalty-free, perpetual, irrevocable, non-exclusive right and license to:

〈 make copies of the User Content to facilitate the posting and storage of the User Content on the Website;

〈 adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) on or through the Website worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content; and

〈 use, modify, delete from or add to such User Content for any purpose in connection with the Website.

You agree that Your User Content will be made available to other Users and Visitors without compensation to You. You hereby grant each User and Visitor a non-exclusive, royalty-free, worldwide, perpetual licence to use, reproduce, distribute, prepare derivative works of and display Your User Content for any purpose in connection with the Website.

We do not claim any ownership rights in User Content. You will retain full ownership of all User Content posted by You on the Website.

You are responsible for making back-up copies of User Content that You post to the Website. We are not liable for any loss of or damage to User Content.

We have the right to disclose Your identity to any third party who is claiming that any User Content posted to the Website by You constitutes a violation of their intellectual property rights, or of their right to privacy.

User Content may be rated using a star rating system. Ratings may be applied by Users only. Ratings applied to User Content do not constitute any specific endorsement of the User Content by Us.

3. Submissions

You agree that when You provide information to Us through the Website, all that information will be true, accurate and complete in all respects and You agree to update Us if the information You have provided changes in any way.

4. Code of Conduct

This Section 4 sets out the rules which govern the posting of User Content to the Website and interaction with other Users and Visitors through the Website. When You use the Website You agree to abide by this Code of Conduct.

Prohibited Content

You must not post content that in Our sole opinion:

〈 is obscene or sexually explicit;

〈 denotes graphic or gratuitous violence;

〈 makes threats of any kind or that intimidates, harasses, or bullies anyone;

〈 is derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful or otherwise objectionable;

〈 is unlawful, infringing, deceptive, fraudulent, invasive of privacy or publicity rights;

〈 contains software viruses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality or any computer software or hardware or telecommunications equipment;

〈 encourages conduct that would violate or violates any law or advocates illegal activity;

〈 promotes or glorifies hatred, violence, racial or religious intolerance or organisations with such views;

〈 is inappropriate for minors;

〈 harms anyone, including minors;

〈 advertises or solicits business;

〈 contains restricted or password only access pages or hidden pages or images;

〈 promotes propaganda and/or symbols of organisations that are unconstitutional or illegal in Your country; or

〈 provides a link to any of the above.

Prohibited Activities

When using the Website or any services available through the Website, You must not:

〈 post any information (including photographs and videos) relating to another person without that person's consent;

〈 harvest or collect email addresses or other contact information from other Users or Visitors for the purposes of sending unsolicited emails or other unsolicited communications;

〈 send or make available any unsolicited or unauthorised advertising, promotional materials, "spam", "chain letters", "pyramid schemes" or any other form of solicitation;

〈 use the Website in any unlawful manner or in any way that could damage, disable, overburden or impair the Website;

〈 use automated scripts to collect information from or otherwise interact with the Website;

〈 register as more than one User or register as a User on behalf of another person or organisation;

〈 impersonate any person or entity or misrepresent yourself in any way;

〈 use or attempt to use another person's registration or create a false identity on the Website;

〈 abuse, threaten, intimidate or harass anybody;

〈 engage in any predatory or stalking conduct;

〈 use the Website for any illegal or unauthorised purpose;

〈 circumvent or modify, or attempt to circumvent or modify, any security technology or software that is part of the Website; or

〈 sell or otherwise transfer Your User registration.

Such actions described in this Section 4 shall constitute a material breach of these Terms. We reserve the right to delete from the Website any postings or usernames that violate the terms of this Section 4 and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators. We may also terminate Your registration as a User and block Your access to the Website and the registration and access of all other Users from Your school.

5. No Monitoring or Moderation

We will not monitor or moderate the User Content on the Website, as it is Your responsibility to ensure that Your User Content complies with these Terms and, where the User Content is created and posted by Students, it is the Representative's responsibility to do so.

6. Abuse Notifications

If You believe that any content on the Website infringes any intellectual property rights of Yours or any third party, or is otherwise contrary to the Code of Conduct, You may send a written notification of that alleged unlawful content ("Unlawful Content") to Us by following the procedure set out below:

∞ You may contact Us with a written notification that (i) identifies, in sufficient detail, the Unlawful Content so that We can locate the Unlawful Content;

∞ You must identify the URL or other specific location on the Website that contains the Unlawful Content;

∞ You must state why You believe the content to be Unlawful Content and, in the case of content that is alleged to infringe intellectual property rights, You must state the owner of that intellectual property;

∞ You must provide Us with any assistance We may reasonably require in order to investigate Your notification (We will not cover any costs or expenses incurred by You when doing so);

∞ You must include a statement from You that You have a good faith belief that the content is Unlawful Content and that the information You have provided in Your notification is true, accurate and complete in all respects;

∞ You must provide Us with Your name, address, telephone number and email address; and

∞ You must submit Your notification to Us using Our contact form .

You will also reimburse Us for any costs, claims, expenses, losses or other liabilities We may incur as a result of You misrepresenting content as Unlawful Content.

We reserve the right to remove or disable access to the Unlawful Content at any time without notice. We reserve the right to terminate the account of any person found to have posted Unlawful Content.

7. Security

Our Privacy Policy can be found by following this link or clicking the Privacy Policy link on the Website.

We are committed to ensuring that Your personal information is used properly and is kept securely. We use technical and organisational security measures in order to protect the data We have under Our control against accidental or intentional manipulation, loss, destruction or against access by unauthorised persons.

8. Resource Materials

To supplement the teaching benefits of this Website we may provide You with resource materials to give guidance on how this Website can be used within Your school ("Resource Materials"). Whilst we have produced the Resource Materials in good faith believing them to be relevant and applicable to the learning environment within schools we are not trained teachers. Accordingly, it is the responsibility of the Representative to ensure the suitability of the Resource Materials before use. We will have no liability to You if the Resource Materials are inappropriate for Your purposes.

9. Our Intellectual Property

As between You and Us, We are the owner of all intellectual property rights in the Website and the Resource Materials (for the avoidance of doubt, this does not include the intellectual property rights in any User Content). All such rights are reserved.

You are granted a limited licence to access and use the Website, the Website content and the Resource Materials for Your personal, non-commercial use, provided that You keep all copyright and other proprietary notices intact. You are not permitted to use any part of the materials on the Website or the Resource Materials for commercial purposes.

The content of the Website and the Resource Materials may not be distributed, modified, reproduced in whole or in part without Our prior written permission, except that You are permitted to reproduce and display the content of the Website (excluding any software code) and the Resource Materials solely for Your personal use in connection with accessing the Website and use of the Resource Materials and participating in the Radio in Schools Interactive Areas.

Representatives and schools are permitted to use and display the Website and Resource Materials to Students in their school for educational purposes only.

"Radio in Schools" and any other marks used on the Website are Our trade marks and may not be used without Our prior written permission. You may not use any meta tags or any other hidden text using Our names or trade marks without Our prior written permission.

10. Legal disclaimer

User Content, Resource Materials, content, commentary, contributions and any other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by You or any User or Visitor to the Website or any third party or by anyone who may be informed of any such material. We do not warrant that We will verify the accuracy or completeness of any User Content, Resource Materials, content, commentary, contributions or any other materials posted on the Website.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website is at Your own discretion and risk and that You will be solely responsible for any damage to Your own computer system or loss of data that results from the download of such material and/or data. We are not responsible for any errors or omissions, or for the results obtained from the use of such information.

Mention of third party services, companies and websites on the Website is for information purposes only and constitutes neither an endorsement nor a recommendation.

11. Disclaimer of Warranties

You expressly agree that use of the Website is at Your sole risk.

We make no warranty that the Website will be uninterrupted, secure or error free. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time We may suspend or restrict access to the Website in order to carry out repairs, maintenance or to introduce new facilities.

12. Links; Third Party Services; Promotional Messages

As a convenience to Our members, We may provide links to third-party web sites.

The linked sites are not under Our control, and We make no representations as to the quality, suitability, functionality or legality of any sites to which We may provide links. We accept no responsibility for these sites or for any loss or damage that may arise from Your use of them.

13. Viruses, Hacking and Other Offences

You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

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 the Website or to Your downloading of any material posted on it, or on any website linked to it.

14. Limitation of Liability

While We have taken care in preparing the contents of the Website, We shall not be liable for any loss or damage arising out of or in connection with Your use of the Website including, without limitation, indirect, or consequential loss or damage, loss of anticipated revenues, loss of business opportunities, loss of goodwill, loss or corruption of data or damage to reputation resulting from (a) Your use or Your inability to use the Website or (b) any transmissions received through the Website or as a result of Your use of the Website or (c) any reliance placed on any information found or content posted on the Website or (d) unauthorised access to or alteration of Your transmissions or data.

Nothing in these Terms shall operate to limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud (including, but not limited to, fraudulent misrepresentation) or for that which cannot lawfully be excluded.

15. Indemnification

You agree to indemnify Us and keep Us indemnified from and against all costs, claims, expenses (including reasonable legal and professional fees and expenses), losses, damages and other liabilities suffered or incurred by Us and arising out of or in connention with Your use of the Website, or any breach of these Terms or Our Privacy Policy by You, or the infringement by You, or any other subscriber of Your account, of any intellectual property or other right of any person or entity save to the extent that any such costs, expenses, losses, damages or other liabilities were caused or contributed to by any negligence or breach of these Terms by Us. 16. Termination

We may, at Our sole discretion, immediately and without notice to You suspend or terminate (i) these Terms and/or (ii) Your registration or ability to access the Website and/or any other service provided to You by Us upon any breach by You of these Terms or upon Your demonstration of conduct that We consider to be inappropriate.

Each Representative may terminate their school's registration at any time by sending us a notice to that effect using Our contact form. If a Representative terminates their school's registration no refund will be given of any unused balance of the Fee.

We may terminate Your registration as a User at any time for any or no reason, without prior notice or explanation and without liability. Where we terminate Your registration without cause we will refund on a pro rata basis the unused balance of the Fee.

If Your registration as a User is terminated (whether by You or by Us), these Terms will remain in effect.

17. Waiver

No delay or failure of Us to insist upon or enforce performance of any provision of the Terms or to exercise any right under the Terms will be deemed to be a waiver or in any way prejudice Our rights under these Terms.

18. Assignment

We may subcontract or assign Our rights and obligations under these Terms at any time without prior consent.

You are not entitled to assign, sub-contract or otherwise dispose of any of Your rights or obligations under these Terms without Our prior written consent.

We may at any time and without seeking Your consent assign Our rights and obligations under these Terms to a third party (the "Transferee"). On condition that the Transferee undertakes for Your benefit to perform with effect from the date of assignment all of Our obligations under these Terms, You shall accept such performance and shall release Us from any and all obligations and liability under these Terms arising on or after the date of assignment.

19. Severance

If any provision in these Terms is declared void or unenforceable by any court or other body of competent jurisdiction, or is otherwise rendered so by any applicable law, such provision shall to the extent of such invalidity or unenforceability be deemed severable and all other provisions of these Terms not affected by such invalidity or unenforceability shall remain in full force and effect.

20. Jurisdiction and Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

21. Contact Us

If You have any questions about these Terms please contact us at Radio in Schools Limited, PO Box 2000, 1 Passage Street, Bristol BS99 7SN.


Competition Terms and Conditions

1. For the purposes of these competition terms and conditions the terms listed below shall have the following meanings:

"Entries" or "Entry" means podcasts created by Students and submitted by Representatives to competitions;

"Registered Member" means any UK school, college, university or youth organisations which is a registered member of Radio in Schools;

"Representatives" means members of the teaching faculty of the relevant Registered Member who submit entries to competitions;

"Rules" means the specific instructions in relation to each competition;

"Students" means children and young persons of the relevant Registered Member who create Entries;

"Terms" means these competition terms and conditions;

2. Competitions are open to Registered Members, except anyone directly connected with the planning or administration of the competitions.

3. These Terms apply to Registered Members, Representatives and Students.

4. By entering competitions, the Representative confirms that it has continuing authority to act on behalf of its Registered Member and its Students (and that it has the consent of the parents or guardians of all Students) for the purposes of binding its Registered Member and its Students to these Terms.

5. Only Entries submitted by Representatives will be eligible to enter competitions.

6. Representatives may enter a maximum of five (5) Entries for each competition.

7. Prizes will be awarded to the relevant Student(s) who has created the winning Entry and/or any runners up as may be specified in the Rules.

8. By entering a competition, the Representatives agree that the names of the relevant Students and its Registered Member may be published if they win a prize and that should they win a competition the relevant Students name and likeness may be used by Radio in Schools for pre-arranged promotional purposes.

9. Representatives should follow the Rules for each competition carefully in order to enter.

10. Entries received after the specified closing date and time will not be considered.

11. All Entries must be the original work of the relevant Student and must not infringe the rights of third parties and must otherwise comply with website Terms of Use [www.radioinschools.co.uk/termsofuse]. By entering the competition, the Representative grants to Radio in Schools a perpetual, irrevocable, non-exclusive licence to use the Entries for all purposes connected with the competition, including but not limited to post-competition publicity.

12. The winning Entry will be the first Entry drawn at random after the closing date, or, in creative competitions, the one that in the judges' opinion is the best. The judges' decision as to the winner is final and no correspondence relating to a competition will be entered into.

13. There is no cash alternative and prizes will not be transferable.

14. The winner(s) will be notified by post, telephone or email.

15. Radio in Schools reserves the right to amend these Terms or to cancel, alter or amend a competition at any stage, if deemed necessary in its opinion, or if circumstances arise outside its control.

16. Radio in Schools excludes to the fullest extent permitted by law liability for any, loss, damage or injury occurring to the relevant Registered Member, Representative or Student arising from the Entries into a competition or occurring to the winner(s) arising from his/her acceptance of a prize.

17. The competitions are subject to the laws of England and Wales.

18. The competition organiser is: Radio in Schools Limited, a company limited by guarantee and registered in England and Wales with number 06219971 whose registered office is at One Redcliff Street, Bristol BS1 6TP.

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