Lawful Use
1. You may not broadcast, copy, download, frame, reproduce, republish, post, transmit, merge, edit, adapt, resell, re-use, produce summaries or otherwise use Radio Kerry and/or its content in any way except for your own personal, non-commercial, non- business use. Any other use of Radio Kerry or its content requires the prior written permission of Radio Kerry.
2. You agree to use Radio Kerry only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit the use or enjoyment of this website by any third party. Prohibited behaviour includes but is not limited to infringement of third party intellectual property and other rights, defamation, harassing or causing distress or inconvenience to any person, soliciting minors, transmitting obscene or offensive content or anything which may affect the operability or security of Radio Kerry.
Disclaimers/Limitation of Liability
3. Radio Kerry and its content is provided on an “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty whether express, implied or statutory of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
4. Radio Kerry will not be liable for any loss or damages, including direct, indirect or consequential loss or damages including without limitation interruption of business, loss of data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of or the inability to use Radio Kerry.
5. Radio Kerry does not warrant that functions contained in Radio Kerry and its content will be uninterrupted or error free, that defects will be corrected, or that Radio Kerry or the server that makes it available are free of viruses or bugs.
Intellectual Property
6. You acknowledge that Radio Kerry and its content including but not limited to text, images and logos identifying Radio Kerry, Radio Kerry or third parties and/or their products and services are subject to copyright, design rights and trademarks and/or other intellectual property rights owned by Radio Kerry and/or third parties. You are not permitted to use any trademark, patent, design right, database right, copyright or any other intellectual property right of Radio Kerry and/or any other third party without the prior written consent of Radio Kerry or the third party.
7. You agree to fully and effectively indemnify and hold harmless Radio Kerry in respect of all damages, claims, demands, liabilities (including liability to third parties), losses, costs and expenses (including reasonable legal fees and costs) arising out of, in connection with or as a result of a breach of the warranty in paragraph above.
8. Where Content is provided by you way of comments that are posted to any part of Radio Kerry, Radio Kerry branded platforms, accounts or pages, you agree that you will not seek to impersonate a third party or post comments which are falsely attributed to any third party. You acknowledge that you are responsible for any comments posted by you and that you are solely responsible for your conduct in posting such Content to any part of Radio Kerry, Radio Kerry branded platforms, accounts or pages. You must not include any links to any websites or webpages.
9. By posting Content on Radio Kerry you confirm that you have the right to give Radio Kerry permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your Content or the consent of their parent/guardian if they are under-18. Radio Kerry will show your display name with your Content. Radio Kerry may need to contact you for administrative or verification purposes in relation to your Content.
10. Radio Kerry reserves the absolute right to edit, move, cease to publish, moderate and delete user Content in its absolute discretion. Radio Kerry cannot publish comments which are not accompanied by a display name and email address.
Third Party Sites/Links
11. Radio Kerry is not responsible for the availability or content of any third-party websites or material accessed through the Radio Kerry website. Radio Kerry does not exercise any control or supervision of content of these linked websites.
12. Radio Kerry does not endorse, and shall not be held responsible for any content, advertising, products, services or information on or available from third party websites. Third party websites linked through Radio Kerry are not covered by these terms and conditions and Radio Kerry accepts no responsibility for them or for any loss or damage that may arise from your use of them.
General
13. If any provisions of these terms and conditions are found to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect.
14. These terms and all disputes and matters arising out of or in connection with them shall be governed by and interpreted in accordance with the laws of Ireland and subject to the exclusive jurisdiction of the Irish Courts