BridgFM Disclaimer Terms and Conditions of Use

The following represents the Terms and Conditions that govern your use of this web site and the materials and information accessible on or from this web site.

 

Bridgetown Community Radio Inc. as owners of the site may from time to time change this web site (including the Terms and Conditions of use). Your use of this web site means you accept the Terms and Conditions. If you do not agree with the Terms and Conditions, please do not visit or use the web site.

1. Bridgetown Community Radio Inc. takes no responsibility for and makes no representation with respect to the accuracy of the information on this web site.

3. The information on this web site is protected by the provisions of the Copyright Act (1968) (Commonwealth). Nothing in this web site gives you the right to exploit any intellectual property rights whatsoever.

4. Bridgetown Community Radio Inc. makes no representations about any other web site or the accuracy of any content contained in that other web site.

5. Bridgetown Community Radio Inc. makes no representations about information or statements posted to this web site by third parties or members.

6. Your rights and obligations under these terms is governed by the laws of Western Australia.

Extended Policy and Terms of Service

1. ACCEPTANCE OF TERMS
Bridgetown Community Radio Inc. "BridgeFM" provides online services to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. Updates will be noted on this Web site. In addition, when using, registering and/or signing up for particular BridgeFM services, you and BridgeFM shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. SERVICES
BridgeFM currently provides a variety of on-line sites, systems, resources and services (collectively the "Services"), which we are constantly seeking to improve and enhance. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that BridgeFM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that to sign up for certain BridgeFM services, including but not limited to long distance telecommunications services, you must be at least 18 years of age and must meet any stated sign-up criteria.

BridgeFM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BridgeFM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

3. BridgeFM PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy.

4. PASSWORD AND ACCOUNT SECURITY
On selected BridgeFM Web sites, you will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BridgeFM of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BridgeFM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. USE OF SERVICE In consideration of your use of the Service, you agree to use the Service as intended by BridgeFM, and to refrain from any misuse of sites, services, and or systems made available by BridgeFM. Misuse of the service includes but is not limited to any action described in 1- 16 below, or that compromises BridgeFM sites, services, systems and, or any information contained therein.

You agree to not use the Service to:

1. upload, post, email or otherwise transmit any content, including but not limited to e-mail communication, information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content"), that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a BridgeFM employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content, including but not limited to e-mail commentary, transmitted through the Service;
5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. access, collect or store personal data about other users.

You acknowledge that BridgeFM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, BridgeFM and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created or linked to by BridgeFM or submitted to BridgeFM.
You acknowledge and agree that BridgeFM may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BridgeFM, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

6. INDEMNITY
You agree to indemnify and hold BridgeFM, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, representatives and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

7. NO RESALE OF SERVICE
The Service is provided for the use and enjoyment of visitors and registrants to BridgeFM Web sites. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

8. TERMINATION
You agree that BridgeFM, in its sole discretion, may terminate your password or use of the Service, if BridgeFM believes that you have violated or acted inconsistently with the letter or spirit of the TOS. BridgeFM may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice. Further, you agree that BridgeFM shall not be liable to you or any third party for any termination of your access to the Service.

9. DEALINGS WITH ADVERTISERS & MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and/or merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or merchant. You agree that BridgeFM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or merchants on the Service.

10. LINKS
The Service may provide, or third parties may provide, references and/or links to other World Wide Web sites or resources. Because BridgeFM has no control over such sites and resources, you acknowledge and agree that BridgeFM is not responsible for the availability of such external sites or resources, and does not endorse or sponsor and is not responsible or liable for any TOS, Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BridgeFM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

11. WORKING ASSETS' PROPRIETARY RIGHTS
This Web site is owned and operated by BridgeFM and except as otherwise specified, BridgeFM owns all materials appearing on this Web site, including the text, site design, logos, graphics, and images, as well as the selection, assembly and arrangement thereof. You acknowledge and agree that the Service contain's proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BridgeFM or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute, display, perform or create derivative works based on the Service in whole or in part.

12. GENERAL DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

# YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRIDGEFM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
# BRIDGEFM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
# ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
# NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRIDGEFM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRIDGEFM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WORKING ASSETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

15. TRADEMARK INFORMATION

BridgeFM respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us. Editor@BridgeFM.Org.au

16. GENERAL INFORMATION
The TOS, along with terms and conditions provided to registrants and customers of BridgeFM sites and services, constitute the entire agreement between you and BridgeFM and govern your use of the Service, superceding any prior agreements between you and BridgeFM. The TOS and the relationship between you and BridgeFM shall be governed by the laws of the State Western Austalia without regard to its conflict of law provisions. You understand and agree that, except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order or preliminary injunction to preserve the status quo or prevent irreparable harm pending the selection and confirmation of an arbitrator, any dispute arising under or relating to these Terms and Conditions shall be resolved through mediation and arbitration. You agree to first try to resolve the dispute informally with the help of a mutually agreed upon mediator.

The section titles in the TOS are for convenience only and have no legal or contractual effect.