TERMS AND CONDITIONS
This website (i.e. www.radiorelease.com.au, its associated domains, subdomains and web pages) is provided by Radio Release Pty Ltd (ACN 114 737 423). Your use of this Website is subject to compliance with these terms & conditions (“Terms”) and these Terms form a binding contractual agreement between Radio Release and you as the user of the Website. These Terms embody the entire understanding of the parties and no representation, promise or term will be deemed to form part of the agreement between the parties except to the extent that it is embodied in these Terms. By using this Website or accessing any information or content available on or from this Website (other than for the purpose of reading these Terms for the first time) you are deemed to have read, understood, accepted and be legally bound by these Terms:
1. Interpretation and Application
1.1 For the purposes of these terms and conditions:
(1) “Agreement” means the agreement made between the Customer and Radio Release or Radio Stations and/or Radio Network and Radio Release incorporating these Terms.
(2) "Business Day" refers to any day that is not a Saturday or Sunday or a gazetted public holiday in the state of Victoria.
(3) "Customer" or "Customers" refers to any person, entity, or person on behalf of such an entity (with the exception of Radio Stations or Radio Networks), making use, exhibiting interest, or seeking use of services which are supplied by Radio Release (typically at a prescribed fee).
(4) "Radio Release" means Radio Release Pty Ltd (ACN 114 737 423).
(5) "Radio Station" or "Radio Stations" refers to any broadcaster whether by way of radio or wireless transmission, internet or online radio station or otherwise, "webcaster", "podcaster", “app”, news or any other broadcasting service (licensed or unlicensed by relevant legislation), including all paid employees, volunteers, or any other person acting on behalf of that Radio Station, and any other persons, broadcasters or radio stations owned or controlled by the owner of the Radio Station or part of the Radio Network of which the Radio Station is a part.
(6) “Radio Network” refers to a group of Radio Stations, broadcast services or systems which share or provide content, programming, news services, equipment or resources with one another, whether or not those Radio Stations, broadcast services or systems are associated with each other financially, physically, technically or otherwise. It includes, but is not limited to all affiliates, relay stations, transmitters, translators, broadcast partners, third-party providers, content sharing, syndication or any other broadcast-related service or system for which there is an association between stations, broadcasters or service providers.
(7) “Services” means the goods and/or services provided by Radio Release, including, but not limited to, the production, distribution and monitoring of sound recordings, media releases and audio news releases.
(8) “User” means and includes any person, company or entity (including Customers and Radio Stations) accessing or using the Website or the Services.
(9) “Website” means this website (i.e. www.radiorelease.com.au), its associated domains, subdomains and web pages.
1.2 These terms and conditions apply to Customers, Radio Stations and all other person/s or entities using or relating to services supplied, sought or advertised by Radio Release or using this website.
1.3 Radio Stations and Customers hereby acknowledge that any member of staff, management, volunteer or representative who accepts these terms and conditions does so on behalf of their employer and for all subsequent members of staff, management, volunteers or representatives so employed now or in the future, and represents that they have authority to do so.
1.4 Nothing in these Terms will prevent or exclude Radio Release from providing any other goods, services or advice in the normal course of their business, and will not exclude Radio Release from providing additional goods and/or services in the future, whether or not they are related to the current business of Radio Release.
1.5 These terms and conditions may be enforced by legal action or any other legitimate means entirely at the discretion of Radio Release.
1.6 Any term, phrase or condition in these Terms that is described in the singular will also apply in the plural and vice versa.
2. Use of Website
2.1 Radio Release grants users of the Website a non-exclusive non-transferable licence to use the Website and any works obtained from or provided by Radio Release in accordance with these Terms.
2.2 These Terms apply to all users of the Website, including Users who are also Radio Stations or Customers or who contribute audio or video content, information, and other materials or services for the Website, and includes all aspects of the Website and Services, including but not limited to Website channels and any technology or player used to upload, view, access or play any content on the Website.
2.3 You may access and use the Website or any works obtained from or provided by Radio Release (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use.
2.4 Users must not add or contribute any content to the Website or any works obtained from or provided by Radio Release:
(1) unless they hold all necessary rights, licences and consents to do so;
(2) that would cause the User, Customer, Radio Station or Radio Release to breach any law, regulation, rule, code or other legal obligation;
(3) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy, or constitutes prohibited content or potential prohibited content within the meaning of the Australian Communication and Media Act (Cth);
(4) that would bring Radio Release, the Website or any works obtained from or provided by Radio Release into disrepute; or
(5) that infringes the intellectual property rights of any person.
2.5 The Website contains links to other websites as well as content provided by people other than Radio Release. Radio Release does not endorse, sponsor or approve any such user generated or any content available on any linked website.
2.6 Radio Stations, Customers and any other Users of the Website acknowledge and agree that:
(1) Radio Release retains complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in their sole and absolute discretion;
(2) They must not collect or harvest any personally identifiable information, including account names, from the Website, and will not use the communication systems provided by the Website (including, without limitation, any comments or emails) for any commercial solicitation purposes;
(3) They agree not to circumvent, disable or otherwise interfere with security-related features of the goods or services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content on the Website; and
(4) The Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
(1) Cookies are small files or data containing information that a website transfers to a user’s hard drive for record-keeping purposes or for tracking of visits to the website and saving preferences the user has set to help user’s locate information on the website. Use of such cookies is standard industry practice, and cookies are used by most websites, including those websites operated by Radio Release;
(2) Users can choose to configure their browser not to allow or accept cookies, but if users do so, they may not be able to access some features of the website or some of Radio Release’s online services. Accepting a cookie does not of itself give Radio Release access to the user’s computer for any other purpose, or to any other personal information about the user;
(3) Aggregate, non-personal information may be gathered by Radio Release or agents or contractors on its behalf and used for the purpose of collecting the number of page per views (or page impressions) on their websites, number of unique browsers accessing Radio Release’s websites, time spent accessing pages of their websites, and entry and exit points to and from their websites, for the purpose of analysing website usage.
2.9 Users agree that the Services include security technology that limits the use of the Services and that, whether or not the Services are limited by security technology, Users must use the Services in compliance with the applicable usage rules established by Radio Release and its licensors, and that any other use of the Services may constitute a copyright infringement. Any security technology is an inseparable part of the Services. Radio Release reserves the right to modify the rules for using the Services at any time. Except to the extent that applicable laws prevent Radio Release restraining such use, Users must not violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the Services for any reason, to interfere with, remove or alter any rights management information on the Services - or to attempt or assist another person to do so. The Services may be controlled and monitored by Radio Release for compliance purposes, and Radio Release reserves the right to enforce rules of use of the Services without notice. Users must not access the Services by any means other than through the Website and any software that is provided by Radio Release for accessing the Services or as otherwise agreed or provided by Radio Release. Users must not access or attempt to access an account that they are not authorised to access. Except to the extent that applicable laws prevent Radio Release restraining users from doing so, Users must not modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorised access to the Services. Violations of system or network security may result in civil or criminal liability.
3. Variation of Terms and Conditions
3.1 Radio Release may alter these terms and conditions at any time, without notice. As such, Customers and Radio Stations are advised to review these terms and conditions periodically for any updates or recent amendments.
3.2 Notwithstanding clause 3.1, Customers and Radio Stations are deemed to have consented to the terms and conditions, as they are published (on this website or otherwise made available), at the actual time of making use, or exhibiting interest in the services supplied by Radio Release.
3.3 Any variations to these Terms will be applied to any existing Customer booking for which services will be provided subsequent to the amendment.
3.4 If, at any time, a Customer or Radio Station wishes to cancel their agreement to these Terms, they must first advise their intention in writing to Radio Release. Cancellation of the agreement on these Terms may be subject to interim conditions entirely at the discretion of Radio Release.
4.1 A waiver of any term or condition in these Terms by a Radio Release representative must be in writing and will not operate to prejudice Radio Release on any future occasion.
5.1 If any of these terms and conditions is unlawful, invalid or inconsistent with any law, statute or regulation it will be severed only to the minimum extent necessary to avoid that invalidity.
6. Governing Law
6.1 Customers, Radio Stations and/or other Users agree that these Terms will be applied according to the laws of the State of Victoria, Australia and consent to any proceedings arising out of these Terms being instituted and heard by any appropriate court in the State of Victoria.
7. Service of Notice
7.1 Customers and Radio Stations agree that service of any notices or court documents may be effected by pre-paid post or facsimile to the last known address of the Customer or Radio Station.
8. Payment Terms
8.1 Unless otherwise agreed to, Customer services supplied by Radio Release must be paid for in full prior to supply.
8.2 Customers with a credit account approved by Radio Release must pay all fees owing before the last business day of the month following the month in which the service was supplied.
8.3 Customer payment is to be made by either cheque, electronic funds transfer or approved credit card, or any other method that may be determined by Radio Release in its sole discretion.
8.4 Radio Release reserves the right to impose a processing fee for certain payments, including but not limited to credit cards or cheques.
8.5 Customers will be liable to pay interest on any unpaid fees from the date such fees are payable until the date of payment, at the interest rate charged on unsecured personal loans from time to time by the bank used by Radio Release for their trading business account from time to time.
8.6 Any expenses, costs or disbursements incurred by Radio Release in recovering any outstanding monies including bank fees or charges, dishonour fees, legal costs and expenses, agent’s fees, or debt collection fees and/or costs must be paid by the Customer.
9. Goods and Services Tax (GST)
9.1 The Customer will pay all goods and services tax (GST) applicable to services provided by Radio Release and it is acknowledged that prices quoted by Radio Release for services are exclusive of GST unless clearly expressed to the contrary in a written statement, invoice, advertisement or quote.
10. Default & Termination
10.1 If a Customer fails to pay any fees owing to Radio Release or fails to observe or perform any of its obligations under these Terms or if the Customer breaches the terms and conditions of any other agreement it has with Radio Release at any time, or commits any act of bankruptcy or insolvency or ceases or threatens to cease carrying on business, or Radio Release suspects on reasonable grounds that any Customer or other user has failed to comply with any of the provisions of these Terms or the Agreement, then any licences or rights in regard to use or otherwise of materials made, created or produced by Radio Release will be immediately cancelled and Radio Release in its sole discretion, without notice may in addition to any other rights or remedies it may have:
(1) Require immediate payment of all fees owing by the Customer to Radio Release;
(2) Immediately suspend or cancel the Customer's credit account;
(3) Recover from the Customer all costs relating to any action taken to recover fees from it, including any legal costs and disbursements and debt collection fees or charges;
(4) Cease any further services on behalf of the Customer and terminate any agreement in relation to services not yet supplied without incurring any liability;
(5) Terminate any Agreement with that Customer or User and/or their Account, and that Customer or User will remain liable for all amounts due under their Account up to and including the date of termination;
(6) Terminate the licence to the Website, the Services and/or software;
(7) Preclude access to the Services (or any part of such Services); and/or
(8) Require pre-payment before providing any further services for the Customer.
10.2 Radio Release reserves the right to modify, suspend, or discontinue the Services (or any part or content of such Services) at any time with or without notice, and, to the full extent permitted by law, Radio Release will not be liable to the Customer or User or to any third party should it exercise such rights. Termination of the Agreement and of the use of the Services will not affect the Services that have already been acquired. Any Customer or other User may cease to use the Services at any time.
11. Financial Information
11.1 Radio Release reserves the right to request financial information and/or require the provision of security, personal guarantees, bank guarantees, letters of credit or other relevant documents or security from the Customer.
12. Account Queries
12.1 Account queries must be submitted by the Customer to the relevant Radio Release representative before the last day of the month in which the service was supplied.
13. Proposed Changes
13.1 The Customer must immediately advise Radio Release in writing of any material change in any information provided to Radio Release, or anything else Radio Release might otherwise be reasonably expected to know, as part of or in connection with services sought or supplied.
14. Customer & User Material
14.1 The Customer must ensure that all directions and materials submitted to Radio Release are entirely accurate, do not contain any whole or partial untruths and comply with any applicable laws, regulations and broadcasting or transmission codes.
14.2 The Customer takes full responsibility and accepts full liability for all material provided to Radio Release and, without limiting the generality of this obligation, must not provide any defamatory material or material in breach of legislation.
14.3 In order to access some features of the Website, Customers, Radio Stations or other Users may have to create a registered subscriber or user account. Customers, Radio Stations or other Users may never use another person's account without permission. When creating their account, Customers, Radio Stations or other Users must provide true, accurate and complete information and, if that information or their details change, they are required to promptly update the relevant registration information. If they are under thirteen years of age, then Users are not permitted to register as a User or otherwise submit personal information on the Website or to Radio Release.
14.4 Customers, Radio Stations and/or other Users are responsible for safeguarding and maintaining the confidentiality of their account, they are solely responsible for any activity that occurs on their account, whether or not they have authorised the activity, and they must keep their account password secure. Customers, Radio Stations and/or other Users must notify Radio Release immediately they become aware of any breach of security or unauthorised use of their account.
14.5 Although Radio Release will not be liable for any losses suffered or incurred by Customers, Radio Stations and/or other Users as a result of any unauthorised use of their account, Customers, Radio Stations and/or other Users may be liable for the losses of Radio Release or others due to such unauthorised use.
14.6 Customers are solely responsible for the contents of any works, content, material or transmissions made or provided by the Customer to Radio Release. The Customer’s use of any Services is subject to all applicable state, national and international laws and regulations. Customers, Radio Stations and other Users of the Website, and/or the Services agree:
(1) not to use the Website or any Services for any illegal purpose;
(2) not to interfere with or disrupt any networks linked or connected to or using any of the Services;
(3) not to use, display, publish or transmit to the public or to any User any offer, information or content which is false, inaccurate or misleading;
(4) not to offer any goods or services which are illegal, fraudulent, obscene, offensive, prohibited, or which otherwise may adversely reflect on Radio Release, the Services, or the Website; and
(5) to comply with all regulations, policies and procedures of networks connected to any of the Services.
14.7 Customers warrant to Radio Release that all information, material and content including audio content, copy and illustrations provided by or on their behalf to Radio Release:
(1) Is true, correct and not misleading in any material particular;
(2) Accurately describes the goods or services offered in any content or material created, posted or published on the Website or otherwise using any of the Services;
(3) Does not promote, constitute, contain or link to any unlawful or criminal goods, services, content, activity, or any prohibited content (as determined by the Australian Communications and Media Authority);
(4) Does not contain any material that is defamatory of any person or corporation; and
(5) Does not infringe the copyright or other intellectual property rights of any person or corporation.
14.8 Customers agree not to transmit through the Website or any of the Services any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Customers further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable state, national or international law or regulation. Attempts to gain unauthorised access to other computer systems are prohibited.
14.9 Customers agree not to use the Website or any of the Services in a manner that violates any Commonwealth, or state laws or statute including but not limited to the transmission of prohibited content or the sale of regulated substances to minors or the filing of fraudulent insurance claims.
14.10 Radio Release retains the right, at its sole discretion, to determine whether or not any conduct is consistent with the letter and spirit of these Terms and may, in its sole discretion, immediately terminate the Customer’s use of the Website or any of the Services if their conduct is deemed to be inconsistent with these Terms.
14.11 By placing or sending any information or other material to Radio Release (including email, posting messages, uploading files, inputting data or engaging in any other form of communication) Customers grant to Radio Release a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted worldwide licence to do the following in respect of the information or material in order to carry out its duties under these Terms and any agreement with the Customer, and perform its essential functions:
(1) use, copy, sublicence, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
(2) sublicence to any third parties the unrestricted right to exercise any of the foregoing rights granted, and
that grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trade mark or patent laws under any jurisdiction worldwide. The Customer expressly waives in favour of Radio Release and any other party authorised by Radio Release all moral rights and any similar rights in any jurisdiction which the Customer may have or subsequently acquire in respect of any relevant communication or other material.
15. Customer Deadlines
15.1 The following Customer deadlines will apply:
(1) All text materials relating to a booking: 12.00pm (Australian Eastern Standard Time or Australian Eastern Daylight Savings Time, as the case may be), one Business Day before the service is supplied, or at a time mutually agreed with Radio Release.
(2) Recording of spokesperson audio: 10.30am (Australian Eastern Standard Time or Australian Eastern Daylight Savings Time, as the case may be), one Business Day before the service is supplied, or at a time mutually agreed with Radio Release.
15.2 Radio Release reserves the right to require full payment from the Customer for any scheduled service which was not broadcast, partly or solely, due to failure to meet these deadlines.
15.3 Radio Release reserves the right to impose a further fee or charge upon the Customer for any delay in obtaining material later than these deadlines, or at a time mutually agreed with Radio Release.
16. Cancellation or Rejection of Booking
16.1 Any cancellation of bookings by the Customer requires immediate notification to Radio Release, which will only be deemed as given if confirmed in writing by a Radio Release representative.
16.2 Radio Release reserves the right at any time to reject a Customer booking, amend, or refuse supply of of the Services. No explanation whatsoever will be required.
16.3 Radio Release, unless otherwise specifically agreed to in writing by Radio Release, will accept no more than two separate bookings to be produced and delivered per Customer, per day.
16.4 Radio Release reserves the right to refuse a Customer booking in order to meet the demand of other existing Customer bookings.
17. Material Use - Radio Stations
17.1 Material will generally be provided to Radio Stations free of charge or any fees. Radio Stations will be notified on each specific occasion where a fee may otherwise be required.
17.2 Radio Stations are permitted to use Customer material supplied by Radio Release (text, audio or otherwise) provided it is not modified in such a way that would produce, disseminate, transmit or broadcast that material in a manner which may misrepresent the original message or its implied intention.
17.3 Radio Stations will be deemed to have verified as fact all statements or any other claim intentionally or unintentionally implied as fact that is supplied by Radio Release and later used for broadcast or transmission. This includes all material (text, audio or otherwise) relayed on behalf of the Customer or provided direct by Radio Release.
17.4 Radio Stations must strictly observe any broadcast embargo placed upon specific material provided by Radio Release. Whilst it will use its best endeavours, Radio Release can not be held responsible by Customers for any Radio Station which fails to observe or comply with a broadcast embargo.
17.5 Radio Stations must use all Radio Release material (text audio or otherwise) reasonably and responsibly, taking consideration of all current circumstances, updates, public discussion, opinion, counter viewpoints and developments in respect of that particular matter.
18.1 The Australian Consumer Law (Vic), Australian Consumer Law & Fair Trading Act 2012 (Vic) and the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”) provides consumers with certain consumer guarantees and rights in relation to certain transactions concerning goods and/or services (see www.consumerlaw.gov.au). Any rights the Radio Station, Customer or other User may have as a consumer under the ACL will apply regardless of any inconsistent provisions in these Terms which will be read down to the extent necessary to comply with the ACL and these Terms will otherwise apply to the fullest extent legally permissible.
18.2 Neither Radio Release nor its employees or agents will be liable for:
(1) Non-broadcast or non-acceptance, either knowingly or unknowingly of material supplied to Radio Stations via Radio Release on behalf of a Customer;
(2) The sound quality, delay or non-delivery of any matter transmitted to or from a Radio Station or Customer by means of landline, telecommunication, electronic, online or any other delivery method;
(3) Copy changes or failure to broadcast or transmit arising from cancellation, default by Customer or non compliance with these Terms;
(4) Discrepancies, personnel changes or schedule variations by Radio Stations;
(5) Schedule variations to Radio Station programming necessitated by broadcasts of other news or events of importance, directions of authorities or broadcasts or transmissions of urgent, safety or emergency material.
18.3 To the maximum extent permitted by law, Radio Release disclaims all warranties and conditions with regard to any documents or information contained on or available from or in relation to the Website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and Radio Release does not warrant, guarantee or make any representation that:
(1) the Services, the Website, or the server that makes the site available are free of software viruses or secure;
(2) the functions contained in any software contained on or comprised or included in the Services and/or the Website will operate indefinitely or uninterrupted or are error-free;
(3) The Services, the Website or its functions will operate on any User’s computer in a secure manner or at all; or
(4) errors and defects in the Services and/or the Website will be corrected.
18.4 To the maximum extent permitted by law, Radio Release is not liable for:
(1) errors or omissions in the Website, or linked sites;
(2) the unintentional transmission of viruses, malicious computer code or any harmful component from or by means of the Services or the Website;
(3) delays to, interruptions of or cessation of the Services, the Website, or linked sites;
(4) unauthorised access to or alteration of any data transmitted by or to the Radio Station, Customer or other User;
(5) loss of any data transmitted by or to the Radio Station, Customer or other User;
(6) loss or non-fulfilment of transactions entered into using the Services and/or the Website;
(7) unintentional release of personal or sensitive information to third parties; or
(8) defamatory, offensive or illegal conduct of any user of the Services and/or the Website, whether caused through negligence of Radio Release, its employees, delegates, independent contractors, or through any other cause.
18.5 To the fullest extent permissible under law, Radio Release will not be liable for any indirect or consequential damages arising out of a breach of these Terms or otherwise relating to or arising from the provision of the Services by Radio Release.
19. Exclusion of Warranties
19.1 Radio Release excludes all liability in contract, tort (including negligence) or otherwise for any direct, indirect, incidental, punitive, special or consequential damages (including damages for loss of business revenue or profits, business interruption, loss of business information and the like), arising out of the use, misuse, or inability to use this Website (including any content, material or support services downloaded from this Website), even if Radio Release has been advised of the possibility of such damages.
19.2 In the event any statute implies any term condition or warranty into this agreement which cannot be lawfully excluded, those implied terms, conditions or warranties will apply, save that the liability of Radio Release for breach of any such implied term, condition or warranty will be limited to the fullest extent permissible under law including the Australian Consumer Law, at the option of Radio Release, to any one or more of the following:
(1) the replacement of goods or re-supply of services to which the breach relates or the supply of equivalent goods or services;
(2) the repair of such goods;
(3) the payment or offset of the cost of replacing the goods or of acquiring equivalent goods or having the services supplied again; or
(4) the payment or offset of the cost of having the goods repaired.
19.3 Radio Release believes that all information given or documents made available in the course of or in connection with this Website (whether by Radio Release itself or its employees or agents) is accurate and reliable. However, no warranty of accuracy, completeness or reliability as to such information is given, and no responsibility for loss arising in any way from or in connection with errors or omissions in any information provided (including responsibility to any person by reason of negligence) is accepted by Radio Release or by any of its agents or employees. Radio Release accepts no responsibility to any person for any false, inaccurate or misleading information or for any interpretation, opinion or conclusion that any person or User may form as a result of using this Website. As appropriate, Users should take action to independently confirm the currency, accuracy and completeness of any Website material before relying on that material in any important matter. This Website will be updated periodically and the information and programs available from this Website will change. In no event will Radio Release be liable for any loss arising as a result of the inaccuracy, incompleteness or alteration of information contained on this Website.
19.4 Radio Release does not warrant or represent that the information or any document provided on or available from this Website is free of any computer virus or any defects or errors. Radio Release is not liable to visitors to or Users of its Website, or to any other party, for any loss or damage however caused, whether by negligence or otherwise, resulting directly or indirectly from the downloading or use of any files or material on its Website, and Radio Release’s liability in such an event is limited to the re-supply of it's own files from this Website. Radio Release recommends that prior to downloading any file or material or using any downloaded file obtained from this Website Users should carry out an appropriate virus check using up-to-date anti-virus software.
20.1 Customers, Radio Stations and other Users will indemnify and keep indemnified Radio Release and their respective employees and agents from and against all claims, demands, proceedings, damages, costs, expenses, losses or any other liability whatsoever arising wholly or partly, directly or indirectly in connection with any services sought, unsought, supplied or expressly or impliedly approved by Radio Release including but not limited to any breach of any law or regulation or for any breach of any legal, equitable or other rights of any person, firm, corporation or entity, including claims of negligence.
20.2 Radio Release will not be held liable by any Radio Station for or in relation to any material (text, audio or otherwise) disseminated on behalf of a Customer and, for the same, if subsequently broadcast. All such claims will be considered as strictly a matter between the Radio Station and the Customer.
20.3 Radio Release does not endorse and will be kept indemnified by Customers and Radio Stations from and against any claims arising from material (text, audio or otherwise) that is relayed via Radio Release from Customers to Radio Stations or vice versa.
20.4 Customers will otherwise indemnify Radio Release from and against, and will not hold Radio Release responsible for any breach of these Terms by Radio Stations. Likewise, Radio Stations indemnify and will not hold Radio Release responsible for any breach of these terms or conditions by Customers.
20.5 To the maximum extent permitted by law, Users agree to accept and pay the full cost of any necessary repair, correction and maintenance of any of their computer software or hardware or their component parts, which may be necessary as a consequence of the User accessing or using the Website or the Services, and agree that Radio Release will not be liable for any damages arising out of or in relation to any files, documents or information available from this Website or its server.
20.6 Customers and Users of the Website agree to indemnify Radio Release and its subsidiaries, affiliates, licensors, partners, agents, officers, employees and other authorised representatives from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to their use of the Website or the Services including without limitation any direct, indirect, incidental, punitive, special or consequential damages (including loss of business revenue or profits, business interruption, loss of business information and the like) suffered or incurred by Radio Release or its subsidiaries, affiliates, licensors, partners, agents, officers, employees and/or other authorised representatives, arising out of the use or misuse of the Website or the Services (including any content, material, application, software, data or other files or materials transmitted, provided or uploaded to this Website), or the intentional, reckless or careless transmission of or infection by viruses, worms, trojans, malicious computer code or any harmful component to the Website or Radio Release’s servers or computer systems, or the Services as a result of the actions or access or the actions or access of all persons obtaining access through any Customers, Radio Stations or other Users of the Website.
21. Equipment Failure or Interruption
21.1 Radio Release will not be held liable by Customers or Radio Stations or other Users for any equipment failure or interruption (hardware, software or otherwise) as a result of utilising the Website or the Services and does not accept liability for or in connection with any computer virus, trojan, bug, malware, malicious software, data corruption, delay, interruption or unauthorised access arising from or in connection with the use of the Website or the Services or the opening or use of any file or attachment in connection with the services, whether caused by the negligence of Radio Release or otherwise.
21.2 Radio Release does not warrant that the Services will operate free from error or computer viruses, trojans, bugs, malware, malicious software, data corruption or defects. Any User, person or entity using or accessing Radio Release services is responsible for using an up-to-date anti-virus or device security program in order to scan the services and any files or attachments opened or accessed in connection with the services for viruses, trojans, bugs, malware, malicious software, data corruption, defects or errors. Protection and remedy from any such event rests solely with Radio Stations, Customers, Users or any other third party which knowingly or unknowingly utilises or is exposed to Radio Release services, files or attachments.
22. Copyright & Intellectual Property
22.1 All of the downloadable content, material, images, photographs, or illustrations displayed on or available from the Website is © Copyright, Radio Release Pty Ltd, 2015, or used under licence, unless otherwise specifically noted, and any rights not expressly granted in these Terms are reserved.
22.2 Radio Release hereby grants Radio Stations a licence to broadcast or transmit content (text, audio or otherwise) which has been provided by Radio Release for the specific purpose of inclusion in radio news bulletins or other transmission or broadcast programming subject to these Terms.
22.3 Radio Release is hereby granted a worldwide, irrevocable, perpetual licence (without any fee or charge) to monitor, record, capture, download, reproduce, disseminate, distribute or otherwise utilise any audio broadcast or transmission by a Radio Station, their respective affiliates or Radio Network, which have knowingly or unknowingly viewed, accessed, downloaded, presented, transmitted, distributed, disseminated, relayed, received, published, utilised, broadcasted or benefited from material (text, audio or otherwise) produced or supplied by Radio Release. Any such audio may be received or obtained via radio or wireless transmission, internet website, application or audio stream, 'webcast', 'podcast’, ‘app’, electronic recording or transmission, or any other medium or third party service and may include but is not limited to news bulletins, general program content, announcer introduction or comment, actuality, audio grab, audio news release, embedded music, audio theme, jingle, advertisement or any other transmission or broadcast content, either wholly or in part.
22.4 Radio Release may publish, reproduce, disseminate, distribute, relay or otherwise utilise any transmission or broadcast audio from Radio Stations received or obtained under clause 22.3 by any means, equipment or method (physical, electronic or otherwise) entirely at its discretion, without payment of any royalties or fees by Radio Release, and Radio Release reserves the right to impose a fee upon Customers or any other third party for such provision.
22.5 Radio Stations, their Radio Networks, staff and representatives hereby waive and indemnify Radio Release from and in relation to all copyright, licence, royalty and associated fees (economic, moral or otherwise) in relation to the recording and distribution of Radio Station audio described in clause 22.3. This applies to all Radio Stations, their Radio Networks, staff and representatives which have knowingly or unknowingly viewed, accessed, downloaded, presented, transmitted, distributed, disseminated, relayed, received, published, utilised, broadcasted, or benefited from material (text, audio or otherwise) produced or supplied by Radio Release.
22.6 Radio Stations and their Radio Networks hereby indemnify Radio Release from and in relation to all copyright, licensing, royalty or any other claims or fees from any third party in relation to the recording and distribution of any embedded content described in clause 22.3.
22.7 Radio Release grants to the Customer a personal, non-exclusive, non-transferable, perpetual, royalty-free licence to use any intellectual property rights in relation to any goods supplied by Radio Release to that Customer, to the extent necessary to allow the Customer the full use and enjoyment of those goods, although Customers must not reproduce, disseminate or distribute Radio Station audio files obtained or supplied under these Terms without consent from Radio Release, and any such permission may be given or withheld in the absolute discretion of Radio Release, and Customers must not violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the Services for any reason, interfere with, remove or alter any security technology or rights management information on the Services, or attempt or assist another person to do so. Radio Stations, their Radio Networks, staff and representatives hereby waive and will indemnify Radio Release for and in relation to all copyright, licensing and associated fees should a Customer, User or any other person or organisation fail to observe this clause.
22.8 All intellectual property rights comprised in, relating to or arising from all material, media releases, audio, releases, interviews and/or audio files or other works displayed on or available from or downloaded from this Website, made or created by Radio Release, or provided by Radio Release, including but not limited to copyright, vest entirely in Radio Release.
22.9 Customers and Radio Stations must keep confidential any creative or financial proposal supplied by Radio Release and will not, unless with written clearance from Radio Release, disseminate, utilise or exploit any such proposal.
22.10 Reproduction of part or all of the contents of this Website is prohibited except to the extent expressly permitted below without the written permission of Radio Release. A User may print one copy of documents or information obtained from this Website for their personal informational & non-commercial use provided that they include this notice on each copy, the information or documents will not be copied or posted on any network computer or broadcast in any media, that they make no alterations to any of the pages, and do not use any of the information in any other work or publication whatsoever whether the publication is paper based or electronic. Use for any other purpose is expressly prohibited by law and may result in civil and criminal penalties.
22.11 The design or layout of this Website may not be copied or reproduced in any way.
22.12 No logo, graphic, sound or image from this Website or any Radio Release website may be copied or retransmitted unless expressly permitted by Radio Release.
22.13 Radio Release does not warrant or represent that any use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Radio Release. No part of the information on this Website may be distributed or copied for any public or commercial purposes. Any unauthorised use of the material or images included on this Website may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes.
22.14 Customers, Radio Stations and other Users are prohibited from unlawfully using any of the copyright content and passing off content from this Website as their own. Customers, Radio Stations and other Users are not permitted to "mirror", "deep-link" or "frame" this Website within another website, and/or copy or reproduce all or any part of this Website for re-use on their own website or any other website.
23. Radio Release Trade Mark & Brand
23.1 The term "Radio Release", the Radio Release logo and 'transmitting R' logo ("the Trade Marks") are registered trade marks (Trade Mark Nos. 1401956 and 1403846) used under licence by Radio Release Pty Ltd. All rights are reserved and the Trade Marks may only be used to identify Radio Release’s Services.
23.2 Customers, Radio Stations and other Users must not use and must not permit the use of the Radio Release logo, name or brand in any documentation, broadcast, program or promotional material without the written consent of Radio Release, and any such permission may be given or withheld in each specific case in the sole and absolute discretion of Radio Release.
23.3 The Trade Marks must not be used as nouns, verbs or in plural form. The Trade Marks should only be used as adjectives followed by a noun, and the Trade Marks are not to be used in conjunction with any User’s company or business name, product names or service name.
23.4 The Trade Marks are not to be used in any way that may dilute their distinctiveness, the Trade Marks must always be used in accordance with the above requirements, in a manner which does not depart from the essential idea of the Trade Marks and in a way which clearly identifies Radio Release as the true owner or exclusive licensee of the Trade Marks.
24. Third Party Endorsements
24.1 Third party trade marks depicted, used or provided on this Website belong to the respective owners of those trade marks and their provision, use or depiction does not imply any licence, authorisation, approval or endorsement by those persons, companies or entities of Radio Release or the Services, or any licence, authorisation, approval or endorsement by Radio Release of any of those persons, companies or entities or of any associated organisation, product or service.
25.1 Any electronic mail (email) or communication that is drafted or sent by Radio Release or its representatives is drafted or sent in good faith and must be treated with appropriate discretion. Any content or attachments to such email may be confidential and contain privileged information or copyright material. Any person who is not an intended recipient of any such email or communication must contact Radio Release immediately by return email and then delete all associated messages. Any person receiving any such email or communication may not otherwise forward, copy, use or disclose the content of such email or any attachments. Unless expressly stated, confidentiality and/or legal privilege is not intended to be waived by the sending of such email.
26. Radio Release Website and Other Published Material
26.1 The Radio Release website and all other material, written or otherwise, published by Radio Release and presented to any Customer, Radio Station or any other person or entity, intentionally or unintentionally, is created and maintained for general information only with respect to common business and media matters and issues and/or intended solely to assist Customers or Users in appreciating the nature of the Services offered by Radio Release. No information provided on the Radio Release Website or any such material is represented or implied to be legal, accounting, financial, investment or any other advice. Radio Release accepts no responsibility or liability for, and makes no representations with respect to the accuracy of the information published. Any information or published materials supplied or presented by Radio Release should not be relied upon in the place of legal or professional advice, and Radio Release recommend that Customers or other Users contact and seek professional advice from a financial or other professional adviser and independently verify any such information before acting on any information contained on this Website. Any person relying on any information published does so at their own risk. Neither Radio Release nor any of its officers, employees or representatives will be liable for any loss or damage incurred as a result of any reliance on such information or published materials.
26.2 In some cases the material published or available from this Website may incorporate or summarise views, standards or recommendations of third parties. Radio Release does not necessarily obtain independent verification of the results of any facts or research quoted or referred to on this Website or in any material downloadable from or obtained from this Website, and the views expressed in any materials made, created or produced for any Customers does not necessarily represent the views or beliefs of Radio Release.
26.3 Radio Release does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on this Website or linked from the Website. Some of the materials in advertisements, listings, press releases, audio releases or newsletters may be provided by other organisations. Radio Release does not edit or control the financial or technical information it receives.
26.4 Due to the possibility of human and mechanical error, neither Radio Release nor any of the contributors to this Website are responsible for any errors or omission. All information is provided "as is" without warranty of any kind. Neither Radio Release nor any contributors to the Website make any representations as to the accuracy or integrity of the information. To the maximum extent permitted by law, Radio Release disclaims all express, implied, and statutory warranties of any kind, including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. Neither Radio Release nor its contributors will be liable for any damages of any kind incurred (including consequential loss or damage) as a result of any reliance on the information posted on this Website.
26.5 Unlawful use of any of the copyright content and passing off content from this Website as your own is prohibited. In the event that any content or material placed, created, published or transmitted by or on behalf of any Customers, Radio Stations and/or other Users using the Website or any materials created, made or produced by or for Radio Release contains any hyperlinks to any other website not operated or controlled by Radio Release, Customers, Radio Stations and/or other Users will in such event ensure that:
(1) it is clear the User is leaving the Radio Release Website and being directed to another website not operated or controlled by Radio Release, and should exercise caution in doing so; and
(2) any such other website or webpage to which the user is directed is opened in a separate window.
26.6 The Website may contain robot exclusion headers and Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy any web pages or their content on the Radio Release Website without Radio Release’s prior expressed written permission. Users agree that they will not use any device, software or routine to bypass Radio Release’s robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Radio Release Website or any activities conducted on the Website. Users agree that they will not take any action that imposes an unreasonable or disproportionately large load on Radio Release’s servers or infrastructure. Much of the information on this Website is proprietary or is licensed to Radio Release by its users or third parties. Users agree that they will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for their own information) from the Website without the prior expressed written permission of Radio Release or the appropriate third party. If they use, or attempt to use, the Website or any product or service obtained from the Website for purposes that are not permitted, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Website or any product or service obtained from the Website, Users will be required to pay damages and will be subject to other penalties, including criminal prosecution where available.
26.7 By using the Website and/or the Services, Radio Stations, Customers or other Users may encounter material that may be deemed to be offensive, indecent, or objectionable, and any such content may or may not be identified as having explicit material. Nevertheless, Radio Stations, Customers and/or other Users agree to use the Website and/or Services at their own risk and Radio Release will have no liability to anyone for material that may be found to be offensive, indecent, or objectionable. Product and/or service types and descriptions are provided for convenience, and Radio Release does not guarantee their accuracy.
27.1 Any linked sites are not under the control of Radio Release and Radio Release is not responsible for the contents of any linked site.
27.2 Radio Release has not reviewed all of the sites linked to this Website and is not responsible for the contents of any off-site pages or any other sites linked to this Website. Any such links are provided only as a convenience, and the inclusion of any link to such sites does not imply approval, recommendation or endorsement by Radio Release of those sites, any material on those sites or any associated organisation, product or service. Linking to any other off-site pages or other sites is at the User’s own risk. Radio Release cannot provide any warranty about the accuracy or source of any data set out on any of those servers or web sites or the content of any file the User downloads from such a third party site. Users link to any such website entirely at their own risk.
28. Force Majeure
28.1 Radio Release will not be liable for any failure to perform, and will be relieved of, its obligations under these terms occasioned by force majeure including (but without limiting the generality of the foregoing) war, legislation, civil commotions, fire, floods, explosions, acts of God, strikes, lockouts, sabotage, embargoes, labour employment difficulties, accidents, breakdowns, restrictions, prohibitions or any action by any government or quasi-government authority, and any other causes outside the reasonable control of Radio Release.