Terms and conditions

Kiss website, kissconfidential.com, Terms & Conditions of Use

This is www.kissconfidential.com, a website operated by Bauer Radio (Bauer). Bauer is a company that is registered in the UK with Company Number 01176085 and with a registered address at 21 Holborn Viaduct London EC1A 2DY. Bauer’s VAT Registration Number is 486400442.

Your use of this website is subject to the following Terms & Conditions of Use, which you are deemed to accept by using the website.

Additional Terms

Additional terms will apply to our use of your registration and other personal data (see Privacy Policy).

Copyright

The copyright and all other rights in the material on this website are owned by us or third parties. As a visitor to this website you may download a single copy of the material on this website on a single computer for your own private viewing/listening purposes only. Single copies of pages from this website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying or distribution of material on this website for any commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of this website is permitted without our prior written consent except as may be reasonably necessary to use the website. Subject to this paragraph, all rights in material on this website are reserved to Bauer.

Prohibited use

You agree not to use this website:

• to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from this website except where expressly permitted on the website;
• to transmit or re-circulate any material obtained from this website to any third party except where expressly permitted on this website;
• in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms;
• to disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• in any way that might infringe third party rights or that might bring Bauer or any of its subsidiaries into disrepute.

User-submitted content

If you send any text, images, audio or other content to this website you accept that the files sent, and all rights therein, become the sole property of Bauer and that we shall have the right to use that content in perpetuity, throughout the world, in all known and discovered mediums and for all purposes and we shall have the right to make it available to the public on this website and otherwise. All material must comply with the rules on User Content Pages, set out below. We may require you to confirm the rights granted in this paragraph and where requested to do so you shall provide all reasonable assistance to us.

 

 

Information and availability

Whilst we take every care to ensure that the information on this website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this website is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

No reliance

The information on this website does not necessarily reflect the views and opinions of Bauer or any of its brands. Neither should any suggestions or advice contained on this website be relied upon in place of professional advice. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on this website before entering into any commitment based upon them.

Linking to our website

We welcome 'hot links' and deep-links to our website, by which we mean that you may include a link to any page of our website. You may not display the contents of our website (or any page from it) or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please contact Crowd DNA email: hello@crowdna.com

Feeds to other websites

If you run your own website, you can display the latest headlines from other websites on your own site using RSS.

We reserve the right to prevent the distribution of totalkiss content using RSS. We do not accept any liability arising from your use of the totalkiss feeds or from any inaccuracy or omission in the content or interruption in availability.

Links to other websites

On this website you may be offered automatic links to other websites. Whilst we hope you will be interested in those websites, you acknowledge that the content on those pages is not subject to our control, their owners may be independent from us and we do not endorse or accept any responsibility for their content.

Computer viruses

We will use reasonable endeavours to ensure that the website does not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the website and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the website.

Trade marks

The following are trade marks of Bauer or its parent or sister companies and which may be registered in certain jurisdictions:

1. Bauer
2. Bauer Consumer Media
3. Kiss

No use of these trade marks is to be made by you except for the purpose of referring to Bauer or its associated brands lawfully and in good faith only.

Registration

On certain parts of this website we may require you to register and provide certain information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data (by sending an appropriately worded email to hello@crowddna.com to keep it true, accurate, current and complete.

Our use of Registration Data and certain other information about you is subject to our Privacy Policy.

User Content Pages - Rules of Acceptable Use

Comments, message boards, personal profiles and any discussion forums or pages of the website where you are capable of posting material are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the website that is inconsistent with those stated purposes is strictly prohibited. Your use of these forums and the website generally is subject to the following terms which, by your use of the forums and the website, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):

• You may not use obscene or offensive language or post obscene or offensive material.
• You may not place on the website any material which is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate.
• You may not post any material on the website which has been disclosed to you in confidence or which, by its nature, is confidential.
• You may not post any material on the website (including contact details, last names, telephone numbers, street addresses or other identifying information of private individuals or public figures) which compromises the privacy or security of anyone other than yourself.
• You may not place on the website any material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.
• You may not place on the site any material belonging to any person (or any material where the rights belong to any person) other than yourself without the prior written consent of the owner of it.
• You may not place on the site any material where the use by Bauer, or any third party licensed or permitted by Bauer, will give rise to any third party claims.
• You may not place any links on the website where those links take users to unlawful material or material that contravenes these Rules of Acceptable Use.
• You may not place on the website advertisements nor make commercial solicitations nor use the website for any commercial purposes (which would include using the website to promote or encourage the sale of your goods/services).
• You may not use the website to solicit information from anyone under the age of 18;
• You may not place on the website any material that authorises, enables or encourages the dissemination of junk mail or chain letters.
• You grant Bauer the unrestricted right to use, reproduce, translate and distribute any material you place on the site.
• Whilst we do not pre-screen submissions placed on our online forums, we do have the right (but not the obligation) at our sole discretion to review, edit, move or delete any material submitted to our online forums.
• Bauer accepts no responsibility for any statements, material or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
• You agree to indemnify Bauer, its associated companies and its representatives and employees from any and all claims and liabilities (including legal fees) which arise from your statements, contributions or other su

  Removal of content

  We will not view or edit or pre-screen any contribution that you or anyone else make to the forums or to the website generally and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that we are responsible for having made it available on the website. We, and others that we designate, shall have the right (but not the obligation) at our sole discretion to refuse or remove any content that is posted to, or available on, the forums or the website without the need to give any reasons for doing so.

  Content objections

  If you object to the publication of any material placed on our online forums (or anywhere else on this website) please let us know by sending an appropriately worded email to hello@crowddna.com and we will take whatever action we deem appropriate.

   

  INTELLECTUAL PROPERTY
  * You hereby grant and assign to Emap the entire copyright and other intellectual property rights in and/or arising from your entry 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"), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment.
  * You represent and warrant that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.
  * 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 Emap for its own use (in its absolute discretion).
  * In consideration of us agreeing to consider entrants to the Competition, each entrant hereby assigns to us the complete copyright and all other rights in any entry, which shall be for the full period of copyright. We shall be free to assign such rights to third parties.
  * You hereby warrant that the information that you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything, which is libellous, defamatory, obscene, indecent, harassing or threatening and shall indemnify Emap for any loss, damage or liability arising in connection therewith. If relevant, we reserve the right, but not the obligation (and without limiting our rights under your warranty and indemnity above), to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.

   

  LIABILITY
  * Bauer is not liable in any way for any costs, expenses, damages, liability or injury 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 negligence by Emap or death or personal injury arising out of such negligence.
  * We cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.
  * It is agreed and accepted by you that Emap shall have no liability whatsoever in respect to competitions operated on behalf of third parties, eg. Sponsor.

  CONFIDENTIALITY
  * You undertake not at any time to disclose, reveal, communicate or otherwise make public any confidential information relating to Emap, its business, personnel, servants, agents or officers to anyone.
  * You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of Emap.

  DATA PROECTIION AND PUBLICITY
  * Winners may be requested to take part in promotional activity and we reserve the right to use the names of winners, their photographs and audio and/or visual recordings of them in any publicity.
  * Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not, subject to 55 above, be disclosed to a third party without the individual’s prior consent.

  GENERAL
  * There is no fee payable to you in respect of your involvement in the Competition.
  * The Terms (unless otherwise expressly confirmed in writing by Emap) 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. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Emap. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.
  * In the event that any provision of these terms are held to be illegal, invalid, void or otherwise unenforceable it shall be severed from the remaining provisions of these Terms which shall continue in full force and effect.
  * 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
  * 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.

  JURISDACTION
  * The Competition and the terms and conditions of this agreement will be governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

  HOW TO CONTACT US
  * You can contact us in relation to any competition by writing to Bauer Radio Limited, Castle Quay, Castlefield, Manchester M15 4PR.

  PRIVACY TEXT
  * You undertake not at any time to disclose, reveal, communicate or otherwise make public any confidential information relating to Bauer, its business, personnel, servants, agents or officers to anyone.
  * You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of Emap.

  DATA PROTECTION AND PUBLICITY
  * Winners may be requested to take part in promotional activity and we reserve the right to use the names of winners, their photographs and audio and/or visual recordings of them in any publicity.
  * Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not, subject to 55 above, be disclosed to a third party without the individual’s prior consent.

  Severability

  In the event that any term of these Terms & Conditions of Use is held to be invalid or unenforceable, the remainder of these Terms & Conditions of Use shall remain valid and enforceable.

  Variation of these Terms & Conditions of Use

  Bauer reserves the right to vary these Terms & Conditions of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms & Conditions of Use on the website. By continuing to use the website you will be deemed to accept such variations.

  General

  Nothing in these Terms & Conditions of Use shall restrict or exclude any liability that we have to any party which cannot be excluded by law and in particular, and notwithstanding any term of these Terms & Conditions of Use, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.

  These Terms & Conditions of Use shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.