EMAP SCOTLAND
WEB SITE TERMS AND CONDITIONS OF ACCESS

This World Wide Web site 'Downtown Radio ' is operated by EMAP SCOTLAND.  Your use of this site is subject to the terms and conditions set out below. Please read these terms carefully before accessing any other pages on this site. Your use of this site is conditional upon your acceptance of these terms and conditions.

1. Intellectual Property

1.1 The intellectual property rights (including copyright and database rights) in the material, information and computer files on this site are owned by or are licensed to EMAP SCOTLAND (and/or Downtown Radio). Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.

1.2 You may copy any materials to the extent necessary to view the site using normal browsing software. You may not modify, distribute or reproduce the materials in any manner or for any other use without the prior written consent of EMAP SCOTLAND

1.3 Notwithstanding the foregoing EMAP SCOTLAND(and/ or Downtown Radio) may from time to time give you the opportunity to download wallpaper, screensavers and other files from the site. Such downloads are subject both to these terms and conditions and in addition the EMAP SCOTLAND Terms and Conditions of Download.

1.4 You may not remove any product identification, copyright notices or other notices from the materials or any copies of the materials which you may have made for your own personal use.

1.5 Any unauthorised downloading, use, copying, modification or distribution of the materials may be in breach of statutory or common law rights which could be the subject of legal action.

1 .6 All rights not expressly granted are reserved by EMAP SCOTLAND (and/ or Downtown Radio).

2. Trade Marks

2.1 All Downtown Radio and EMAP SCOTLAND logos are registered trade marks of EMAP. In addition, certain names, words, titles, phrases, logos, icons, graphics or designs to the pages of the site may constitute trade names or unregistered trade marks belonging to EMAP SCOTLAND (and/ or Downtown Radio). The display of any of these trade names or trade marks on the pages of this site does not constitute a licence or permission for you to use any of these names or marks.

2.2 All other product or company names and devices, logos, icons, graphics or designs referred to on the pages of this site are the property of their owners and are exhibited only in such a manner as is intended to be of benefit to their owner. EMAP SCOTLAND (and/or Downtown Radio) intends no infringement of these property rights.

2.3 Any references in this site to any third party products, services, companies, organisations, home pages or other web sites do not imply any endorsement, support or recommendation of the same by EMAP SCOTLAND (and/or Downtown Radio).

2.4 All rights not expressly granted are reserved by EMAP SCOTLAND (and/or Downtown Radio).

3. Rights in Information Submitted

3.1 EMAP SCOTLAND (and/or Downtown Radio ) will not be subject to any obligations of confidentiality in relation to any information submitted by you or on your behalf through this site (including, but not limited to ideas, suggestions, concepts and graphics).

3.2 Subject to the data protection provisions set out below, EMAP SCOTLAND (and/or Downtown Radio) will be free to use for any purpose any information submitted by you or on your behalf through this site.

4. Data Protection

4.1 EMAP SCOTLAND (and/or Downtown Radio ) will not collect any personal data about you (that is your name, address, telephone number, e-mail address or other data from you which you can be unambiguously identified) ('Personal Data') unless you provide it voluntarily to EMAP SCOTLAND (and/or Downtown Radio). All personal data will be processed in accordance with UK Data Protection Law.

4.2 If you do not want your personal data collected, please do not submit it. If you have already submitted personal data and would like it removed from any records held by EMAP SCOTLAND (and/or Downtown Radio ) please contact the Internet Project Development Manager. EMAP SCOTLAND will then use reasonable efforts to delete your information from its records.

4.3 If you provide EMAP SCOTLAND (and/or Downtown Radio ) with any personal data this information will be stored and may be used in the future for marketing purposes, market research, tracking of sales data, and in order to contact you. EMAP SCOTLAND (and/or Downtown Radio ) may also disclose this information to other companies for similar purposes.

4.4 In some cases EMAP SCOTLAND (and/or Downtown Radio ) may collect information about you that is not personal data. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system you are using, and the domain name of the web site from which you linked to this site.

4.5 When you view this site some information may be stored on your computer. This information will be in the form of a "cookie" or similar file and will help EMAP SCOTLAND (and/or Downtown Radio ) in many ways. For example, cookies allow the site or a related advertisement to be tailored to better match your interests and preferences. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your Internet browser instructions or help screen to learn more about these functions.

5 . Links

5.1 If you wish to provide a link to this site this must be to the Downtown Radio homepage which is currently at http://www.radioborders.co.uk 5.2 EMAP SCOTLAND (and/or Downtown Radio ) may provide links from this site to World Wide Web sites operated by third parties ('Third Party sites'). Links to Third Party sites are provided for your convenience only. EMAP SCOTLAND (and/or Downtown Radio) is not responsible for the management and control of Third Party sites and does not necessarily endorse, support or recommend the views expressed in such Third Party sites.

5.3 EMAP SCOTLAND (and/or Downtown Radio ) is not responsible for the contents of other web sites or web pages which link to the site and EMAP SCOTLAND (and/or Downtown Radio ) shall have no liability in respect of such other web sites or web pages.

6. Accuracy of the Site and Liability Issues

6.1 This site is intended for customers of EMAP SCOTLAND (and/or Downtown Radio) in the United Kingdom and may not be applicable to other jurisdictions. EMAP SCOTLAND EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY) RESULTING FROM ACCESS AND USE OF THE SITE OR THE MATERIALS FROM OUTWITH THE UNITED KINGDOM.

6.2 EMAP SCOTLAND (and/or Downtown Radio ) reserves the right, at any time, to change the materials and the terms and conditions which apply to the use of the site.

6.3 THE SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS AND EMAP SCOTLAND (AND/OR DOWNTOWN RADIO ) EXCLUDES (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW) ALL IMPLIED WARRANTIES, IMPLIED REPRESENTATIONS, AND IMPLIED TERMS AND CONDITIONS RELATING TO THE SITE.

6.4 NO RELIANCE SHOULD BE MADE ON ANY OF THE STATEMENTS MADE WITH THE SITE (OTHER THEN THESE TERMS AND CONDITIONS) OR THE MATERIALS OR ANY THIRD PARTY SITES AND EMAP SCOTLAND (AND/OR DOWNTOWN RADIO ) EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITY (OTHER THEN LIABILITY FOR DEATH OR PERSONAL INJURY) RESULTING FROM ANY SUCH RELIANCE.

6.5 NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, SRH (AND/OR DOWNTOWN RADIO ) EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY) RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE MATERIALS OR ANY THIRD PARTY SITES.

7. Computer Viruses

7.1 EMAP SCOTLAND (and/or Downtown Radio) will use reasonable endeavours to ensure that neither the site nor the materials contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the site and regularly check your computer for the presence of viruses and other malicious code.

7.2 EMAP SCOTLAND (AND/OR DOWNTOWN RADIO ) EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY (OTHER THEN LIABILITY FOR DEATH OR PERSONAL INJURY) IN CONNECTION WITH ANY DAMAGE OR LOSS CAUSED BY COMPUTER VIRUSES OR OTHER MALICIOUS CODE ORIGINATING, OR CONTRACTED, FROM THIS SITE OR ANY THIRD PARTY SITES.

8. Jurisdiction

8.1 These terms and conditions shall be governed by and construed in accordance with the laws of Scotland. Any disputes relating to your access to and use of the site shall be determined by the Scottish courts.

8.2 You are responsible for compliance with any applicable laws of the country from which you are accessing the site.

9. Severability

If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason, such provision shall be ineffective to the extent of the courts finding without affecting the validity and enforceability of any remaining provisions.

RULES & REGULATIONS for RADIO & INTERNET COMPETITIONS

1) Employees and relatives of employees of EMAP SCOTLAND and all associated companies , owned or partly owned by EMAP SCOTLAND are not eligible to enter.

2) Rules and Regulations pertaining to entry to any radio competition originated by a Emap Scotland company will be available for scrutiny at the station hosting that competition. These Rules and Regulations will also be available for scrutiny on the Website of the participating company and via a S.A.E. sent to that participating company.

3) Unless specifically permitted, entries will normally be restricted to one per household. Premium Rate Services will be exempt from this rule.

4) Prizes will be as stated. No cash alternative can or will be offered. If for unseen circumstance Prizes are not available suitable substitutes will be provided.

5) Entrants must be aged 18 years and over when entering U.K. based competitions with prizes featuring alcohol or prizes that are of an adult nature. Competition elements featuring alcohol or prizes of an adult nature and where the prize destination is outwith the U.K. (e.g. U.S. A.), entrants must be aged 21 years and over

6) Entrants for competitions with prizes featuring such items as cars or other powered vehicles must possess the required EU/UK licence or other certification.

7) Entrants for competitions featuring holiday prizes, within the UK or abroad, must possess a valid passport, be able to travel on the allocated dates [if so stated] and meet the necessary entry requirements, including visa conditions for the countries specified in the competition. Entrants should also have sufficient funds to meet any and all incurred costs over and above any allocated spending money detailed in the prize.

8) Entrants of phone competitions must seek the permission of the owner of the phone before use. e.g.  Parent or Employer.

9) Premium Rate services will be clearly identified on air and call rates and duration of calls explained in detail. The competition mechanic will also be clearly explained.

10) The Judges and/or the Managing Director’s decision is final and legally binding and no correspondence will be entered into.

11) Prize-winners may be asked – but are not required – to participate in promotional activities surrounding the competition and in promotion of future competitions.

12) In the event of a tie-break, entrants will be asked to participate in a secondary test of skill.

13) Prizes will be described as accurately as possible on-air and where practicable visual examples will be made available via the station website.

14) In general, entrants cannot win more than one prize, in any one competition. The exception to this rule will apply only where the mechanic of the competition dictates numerous entry elements or levels and whereby a prize can be won at each level of entry.

15) Prizes, derived for competition elements designed specifically for “employees and the workplace” are limited to one prize per workplace.

16) Downtown Radio cannot be held responsible for damage to competition winners property, themselves or other parties, nor can Downtown Radio be held responsible for any documents, monies or personal item lost or stolen in the duration of the holiday element of their prize.

17) It is the responsibility of the prize winners to secure the necessary holiday, travel and health insurance cover.

Downtown Radio, operates a fair and accountable Rules and Regulations policy in relation to any and all competitions that it broadcasts.