- You hereby grant and assign to Apachefm.com the entire copyright and other intellectual property rights in and/or arising from your entry and your involvement in any Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the “Products”), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment.
- You represent and warrant that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.
- For the avoidance of doubt, all rights in the name and title of any Competition and the format rights for the Competition will vest exclusively in Apachefm.com for its own use (in its absolute discretion).
- In consideration of us agreeing to consider entrants to any Competition, each entrant hereby assigns to us the complete copyright and all other rights in any entry, which shall be for the full period of copyright. We shall be free to assign such rights to third parties.
- You hereby warrant that the information that you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything, which is libellous, defamatory, obscene, indecent, harassing or threatening and shall indemnify Apachefm.com for any loss, damage or liability arising in connection therewith. If relevant, we reserve the right, but not the obligation (and without limiting our rights under your warranty and indemnity above), to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
Liability
- Apachefm.com is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with any competition or prizes other than those costs and expenses specifically provided for in the prize (if any). This exclusion does not include any liability for negligence by Apachefm.com or death or personal injury arising out of such negligence.
- We cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering any competition or as a result of accepting any prize. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in any Competition.
- It is agreed and accepted by you that Apachefm.com shall have no liability whatsoever in respect to competitions operated on behalf of third parties, eg. Sponsor.
Confidentiality
- You undertake not at any time to disclose, reveal, communicate or otherwise make public any confidential information relating to ,Apachefm.com its business, personnel, servants, agents or officers to anyone.
- You may not publicise your involvement in any competition or the fact that you have won a prize without the prior written permission of Apachefm.com.
Data Protection and Publicity
- Winners may be requested to take part in promotional activity and we reserve the right to use the names of winners, their photographs and audio and/or visual recordings of them in any publicity.
- Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not, subject to 55 above, be disclosed to a third party without the individual’s prior consent.
General
- There is no fee payable to you in respect of your involvement in any Competition.
- The Terms (unless otherwise expressly confirmed in writing by Apachefm.com ) supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about any Competition or Prizes or any of these Terms should be relied upon unless confirmed in writing by Apachefm.com . The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.
- In the event that any provision of these terms are held to be illegal, invalid, void or otherwise unenforceable it shall be severed from the remaining provisions of these Terms which shall continue in full force and effect.
- The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies
- These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
Content Rights
- The copyright and all other rights in the material on these Sites are owned by Apachefm.com or are included with the permission of the owner of the rights. No copying or distribution for any commercial or business use is permitted without our prior written consent.
- In addition, you may not include a link to our Sites or display the contents of our Sites surrounded or framed or otherwise surrounded by material not originating from us without our consent.
- By submitting material to these Sites, you warrant that you own the copyright or that you have the permission of the owner, and have the permission of the subjects in the pictures. You acknowledge that we are not under any obligation whatsoever to use any of the material. Notwithstanding the foregoing, you hereby grant to us a perpetual, royalty-free, irrevocable, world-wide, non-exclusive Licence to use, amend, crop, adapt, modify and exploit any such material for any purpose which we may, at our sole discretion, see fit. You hereby waive any moral rights (or any similar, related or neighbouring rights) which you may have in or to such material.
Information and Availability
- While Apachefm.com takes every care to ensure that the information on these Sites is accurate and complete, some of it is supplied to Apachefm.com by third parties and Apachefm.com is unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors interruptions and delays may occur in the service at any time. Accordingly, these Sites are provided “as is” without any warranties of any kind and Apachefm.com does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.
Jurisdiction
- Any Competition and the terms and conditions of this agreement will be governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
How to contact us
You can contact us in relation to any competition by writing to Apache Entertainments, Unit B22, Euro Link Business Centre, 49 Effra Road, SW2 1BZ.