Effective 1 October 2009
WRN (wrn.org) is an online Internet portal, owned and operated by WRN Broadcast Limited ("WRN", "we" or "us"), that allows people to access audio and visual content from world radio and television stations, and then customise how they access them ("Service"). WRN users can setup their own preferences, including, time zones, streaming and download options, languages and favourites, all from the same Internet portal ("Users").
This Agreement includes the WRN policy for acceptable use of the Service and Content posted on the WRN Website, your rights, obligations and restrictions regarding your use of the Service and WRN.
In order to use the Service, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Service in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
WRN may modify this Agreement from time to time and such modification shall be effective upon posting by WRN on the WRN Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Use of the WRN Website
Please choose carefully the information you post on the WRN Website and that you provide to other Users. Your WRN Website profile will be developed wholly by you, without any involvement or input whatsoever from us. Your WRN Website profile and information you post through the Service may not include the following items: telephone numbers, street addresses, last names, and any photographs, you may not post any content containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Users (for instance, in the chat rooms or forums) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and WRN assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please contact us or click on the "flag" link next to any message posts.
WRN reserves the right, in its sole discretion, to cancel any User account, including your User account and/or reject, refuse to post, edit or remove any posting by you or any other User, or to restrict, suspend, or terminate your access to all or any part of the Service at any time at its convenience, for any reason or no reason, with or without prior notice, and without liability, as determined by WRN, for Users that access the same. We expressly reserve the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Service if we determine, in our sole discretion, that you pose a threat to us and/or other Users.
Legal terms and conditions
1.1. WRN makes no promise that the Service is appropriate or available for use in locations outside the United Kingdom, and accessing the Service from territories where its contents are illegal or unlawful is prohibited.
1.2. By using the Service, you represent and warrant that (a) all registration information and data/information contributions you submit are truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your profile may be deleted and your User account may be terminated without warning, if we believe that you are under 14 years of age.
2.1. This Agreement shall remain in full force and effect while you use the Service or are a User. WRN may terminate your User account at any time, without warning. Termination shall be without prejudice to any rights or claims accrued prior to such termination nor will it affect the coming into force or continuation in force of any other clauses and provisions of this Agreement which are expressly or by implication intended to come into force or continue in force on or after termination.
3. Fees and charges
3.1. You acknowledge and agree that all telecommunications charges, including data charges, incurred by you due to your use of the Service are solely your responsibility and are separate matters between you and your service provider.
3.2. You acknowledge and agree that WRN may enter into a revenue sharing and/or royalty payment arrangements with third party content providers, on separate terms outside the scope of this Agreement. WRN will have a real time access view for on-line data tracking purpose only, and will not have access to your sensitive and/or confidential information. You further acknowledge that WRN may also, in its sole discretion, pay other third parties for content (on separate commercial terms outside the scope of this Agreement) that will be provided to you and other Users as part of the Service.
4.1. When you sign up to become a User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to immediately notify WRN if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Your use of the Service
5.1. The Service is for the personal use of Users only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved in writing by WRN. Illegal and/or unauthorised use of the Service, collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the WRN Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from forums without notice and may result in termination of User account privileges. Appropriate legal action will be taken for any illegal or unauthorised use of the Service.
5.2. We do not allow Users to link directly to any of the individual streaming or downloadable content files available from the Service.
6. Proprietary rights in content
6.1. WRN does not claim any ownership rights in the text, or any other materials including any software or widgets (collectively, "Content") that you post to or source through the Service. After posting your Content to or sourcing Content through the Service, the owners of such Content continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose and use third party Content under their separate required terms and conditions, which sit outside the scope of the terms of this Agreement.
6.2. By displaying or publishing ("posting") any Content on or through the Service, you hereby grant to WRN a limited worldwide license in perpetuity to use, reproduce, distribute, modify, translate and archive such Content (in whole or in part) solely on and through the Service. WRN will own the meta data associated with Users use of the Service and may freely use that meta data internally, to review and restructure the existing Service and create new services and to consult with third parties for business and non-commercial reasons. Without this license, WRN would be unable to provide the Service. The license you grant to WRN is non-exclusive (meaning you are free to license your Content to anyone else in addition to WRN), fully-paid and royalty-free (meaning that WRN is not required to pay you for the use on the Service of the Content that you post).
6.3. You represent and warrant that: (i) you own and/or are authorised to distribute the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in clause 6.2, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to or through the Service.
6.4. The Service contains Content of WRN or Content of third parties authorised by WRN ("WRN Content"). WRN Content is protected by copyright, trademark, patent, trade secret and other laws, and WRN either has the right to use or owns and retains all rights in the WRN Content and the Service. WRN hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the WRN Content [on a computer screen], excluding any software code, solely for your personal use in connection with listening and viewing the WRN Website and using the Service.
6.5. The Service contains Content of Users and other WRN licensors. Except for Content posted by you or lawfully sourced by you under the terms of this Agreement through the Service, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service.
7. Content posted
7.1. WRN may edit or delete any Content that in the sole judgment of WRN violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. WRN assumes no responsibility for monitoring the Service for inappropriate Content or conduct. If at any time WRN chooses, in its sole discretion, to monitor the Service, WRN nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2. You are solely responsible for the Content that you post on or source through the Service, and any material or information that you transmit to other Users and for your interactions with other Users. WRN does not endorse and has no control over the Content. Content is not necessarily reviewed by WRN prior to posting and does not necessarily reflect the opinions or policies of WRN or any of its officers or employees. WRN makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users or that your source through the Service.
8. Prohibited Content and activities
8.1. The following is a non-exhaustive list of the kind of Content that is illegal or prohibited to post on or through the Service. WRN reserves the right to investigate and take appropriate action against anyone who, in WRN's sole discretion, violates this provision, including without limitation, removing the offending communication from the Service and terminating the User account of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of WRN:
8.1.1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.1.2. harasses or advocates harassment of another person;
8.1.3. exploits people in a sexual or violent manner;
8.1.4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
8.1.5. solicits personal information from anyone under 18;
8.1.6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
8.1.7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8.1.8. promotes an illegal or unauthorised copy of another persons copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.1.9. involves the transmission of junk mail, chain letters, or unsolicited mass mailing, instant messaging, spimming, or spamming;
8.1.10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.1.11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.1.12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
8.1.13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
8.2. The following is a non-exclusive list of the kind of activity that is illegal or prohibited on the WRN Website and through your use of the Service. WRN reserves the right to investigate and take appropriate action against anyone who, in WRN's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.2.1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.2.2. advertising to, or solicitation of, any User to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Users. It is also a violation of the Agreement to use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email messages or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to WRN, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay WRN Euro 50.00 for each requested recipient of such unsolicited message and other unsolicited communication you send through the Service;
8.2.3. interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service; 8.2.4. attempting to impersonate another User or person;
8.2.5. using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
8.2.6. selling or otherwise transferring your profile;
8.2.7. using any information obtained from the Service in order to harass, abuse, or harm another person or for other database building purposes;
8.2.8. accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person, such as posting blogs or bulletins with a commercial purpose; or
8.2.9. using the Service in a manner inconsistent with any and all applicable laws and regulations.
9. User Disputes
9.1. You are solely responsible for your interactions with other WRN Users. WRN reserves the right, but has no obligation, to monitor disputes between you and other Users.
10. Copyright policy
10.1. You may not post, modify, distribute, or reproduce in any way (in whole or in part) any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of WRN to terminate User account privileges of any User who infringes the copyright or other rights of others.
12.1. WRN is not responsible for any incorrect or inaccurate Content posted or queries made on the WRN Website or in connection with the Service, whether caused by Users of the Service or by any of the equipment or programming associated with or utilised in the Service.
12.2. The WRN Website may contain links to other websites not operated by WRN. WRN is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by WRN. Inclusion of any linked website on the Service does not imply approval or endorsement of the linked website by WRN. When you access these third-party sites, you do so at your own risk. WRN takes no responsibility for third party advertisements which are posted on the WRN Website or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers.
12.3. WRN is not responsible for the conduct, whether online or offline, of any User of the Service. WRN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or User communication.
12.4. WRN is not responsible for any problems or technical malfunction of any telephone network or lines, telecommunication and data transfer services, computer online systems, mobile telephones or cell phones, servers or providers, computer equipment, software, failure of any email or SMS gateways due to technical problems or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall WRN be responsible for any loss or damage of any kind (other than personal injury or death caused by the negligence of WRN) resulting from (i) any use of the Service; attendance at a WRN event; (ii) any Content posted on or through the Service; or (iii) the conduct of any Users of the Service, whether online or offline. The Service is provided "AS-IS" and as available and WRN expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WRN cannot guarantee and does not promise any specific results from use of the Service.
13. LIMITATION ON LIABILITY
13.1. IN NO EVENT SHALL WRN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, BUSINESS, REVENUE, OPPORUNITY OR ANTICIPATED SAVINGS; OR FOR ANY LOSS OF GOODWILL OR INJURY TO REPUTATION; OR FOR THE LOSS OF DATA OR USE OF ANY DATA; OR FOR ANY TYPE OF INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, EVEN IF WRN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2. THE SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. WRN AND ITS THIRD PARTY PROVIDERS ("LICENSORS") EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WRN AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. WRN AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. WRN AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
13.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WRN'S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WRN FOR THE SERVICE DURING THE TERM OF [USERSHIP].
14. Disputes If there is any dispute about or involving the Service, you agree that the dispute shall be governed by the laws of the England and Wales, without regard to conflict of law provisions and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales. The foregoing shall not prevent WRN from seeking injunctive relief in any court of competent jurisdiction.
15. Indemnity You agree to indemnify and hold WRN, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees and claims by any third party which result from or arise out of your use of the Service in violation of this Agreement and/or arise from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the WRN Website or through the Service causes WRN to be liable to another.
16.1. This Agreement is deemed to be accepted upon your use of the WRN Website or any aspect of the Service and is further affirmed by you becoming a User.
16.2. This Agreement together with any additional rules and policies found elsewhere on the website constitutes the entire agreement between you and WRN regarding the use of the Service.
16.3. The failure of WRN to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
16.4. You may not transfer any of your rights under this Agreement to any other person. We may transfer our rights under this Agreement to another business where we reasonably believe your rights will not be affected.
16.5. WRN shall not be responsible for any breach of this Agreement caused by circumstances beyond its reasonable control.
16.6. The headings in this Agreement are for convenience only and have no legal or contractual effect.
16.7. "wrn.org", "WRN" are the proprietary trademarks of WRN.
16.8. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
17. Corporate information
This website is owned and operated by WRN Broadcast Limited a private limited company incorporated in England and Wales with company number 2712443. The registered office of the Company is situated at Wyvil Court, 10 Wyvil Road, London, SW8 2TG, United Kingdom.
Please contact us at: WRN Website, PO Box 1212, London, SW8 2ZF, UK; Facsimile: +44 20 7896 9007; Attn: Webmaster; or email us with any questions regarding this Agreement.