General terms and conditions

These are the terms and conditions of use for pureradioscotland.com and our associated mobile and tablet applications (Site).  Please read these terms of use carefully before you start to use the Site.  By using the Site, you indicate that you accept these terms of use and that you agree to be bound by them.

In addition, the following additional terms may apply to your use of the Site and are deemed incorporated into these terms:

• our Competition Rules (below)
• our Privacy Policy
• our Cookies Policy

If you do not agree to these terms of use, please refrain from using the Site. We may require you to stop using the Site at any time by giving you notice.

We reserve the right to change these terms and conditions from time to time by changing them on the Site and by continuing to use the Site you accept these changes and agree to be bound by them.  These terms and conditions were last updated on 6th November 2019.

Information about us

The Site is operated by DC Thomson & Company Limited trading as ‘Pure Radio Scotland’ (we, us and our).  We are a limited company registered in Scotland.  Our registered company number is SC5830 and our registered office is at Courier Buildings, Albert Square, Dundee. Our VAT registration number is GB927167212.

Access to the Site

It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and that it is compatible with the Site.  It is also your responsibility to ensure that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.

We cannot guarantee the uninterrupted or error-free operability of the Site.  Access to the Site is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the service we provide on the Site without notice.  We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site at any time for any period.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. We may accept or reject any application to register with us at any time and we may suspend or terminate your account with us at any time at our discretion if we believe you have breached the terms of use. You must ensure that any registration details you provide are accurate and up to date.  If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else.  You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. By using the Site as a registered member, you accept on your own behalf and on behalf of the organisation (if any) named on your registration form to be bound by these Terms of Use and references to ‘you’ and ‘your’ refer to you individually and to your organisation. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any detail you provide for the purposes of registering as a user proves to be false.

This site is controlled and operated by us from the United Kingdom and is intended for United Kingdom residents and we make no representation that any material contained on this site is appropriate for any other jurisdiction. 

What you are allowed to do

Aside from our advertisers who may display their advertisements in accordance with our terms and conditions of advertising on our Site, you may only use the Site for non-commercial use and only in accordance with these terms and conditions.  You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form.  Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed before you access the relevant features, parts or content.

What you are not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to: 

• store pages of the Site on a server or other storage device connected to a network or create an electronic database by (i) systematically downloading and storing all or any of the pages of the Site or (ii) by screen scraping, framing, caching, data extraction or programmatic access whether by robot, spider or otherwise or (iii) by printing pages of the Site in a systematic or regular manner so as to create a database in hard copy form;
• collect or harvest personally identifiable information from the Site;
• remove or change any legal notices or other content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted;
• use the Site to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• use the Site to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to our site or circumvent, disable or otherwise interfere with our security-related features;
• reproduce, copy, distribute, publicly display or re-sell any part of the Site in contravention of these terms and conditions; 
• create links to the Site from any other website, without our prior written consent; 
• modify, translate, reverse engineer, decompile or disassemble the Site or parts of the Site or create derivative works from the Site;
• use the Site for any business, commercial or public purpose.

We reserve the right to withdraw any linking permission granted without notice.  If you wish to make any use of material on our site other than that set out above, please address your request to info@pureradioscotland.com

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our group companies and affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them and you must at, at our option, return or destroy any copies of the materials you have made in breach of these terms.

Intellectual property rights

We are the owner or licensee of all intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos).  

Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights in the Site or its content.

You must not modify the paper or digital copies of any material you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

Content

We may change the format and content of the Site from time to time.  You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.

Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed.  You should check with us or the relevant information source before acting on any such information. 

Except to the extent expressly set out in the additional terms and conditions mentioned at the top of these terms of use, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded.  To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content. No liability can be accepted by us in respect of any changes made to the content of the Site by unauthorised third parties.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements and cannot accept any liability for the same.  It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

Your personal information

Use of your personal information submitted via the Site is governed by our Privacy Policy.

User generated content

The Site may, from time to time, make chat rooms, message boards, news groups and/or other public forums or methods of uploading user generated content including our Noticeboards (collectively "Forums") available to its users.  

We do not control the material submitted to Forums (collectively "Postings"). We do not screen, moderate or monitor any content either before or after it is posted or sent although we may use filtering tools from time to time to screen or suppress certain information or language. You acknowledge that all Postings express the views of their respective authors and not our views. Your content may be viewed by any user of the Site unless it is posted in a restricted members only area in which case only we and our members may view that content.

You are responsible for all content you may upload to the Site from time to time and indemnify us for any failure to obtain the appropriate permissions of the owner of rights in the content you upload and for any breach of these terms of use. We are not liable or responsible for the third party content on this Site including links to other sites and resources.

You should submit only content which belongs to you. You should never upload material that would violate the intellectual property or other rights of other people or organisations. Before posting or sending any content referring to or relating to any living person, you must obtain their explicit consent to be referred to on the Site and you warrant to us that you have done so prior to posting such material. If the living person is under 16 you must obtain the consent of their parent or guardian to this use.

By submitting your content or Postings, you give us and our group companies and our affiliated companies and third party service providers permission to use, copy, adapt, edit, translate, make available and transmit or otherwise communicate, display and publish such content (or any part of it) and to create any derivative works from it together with the ability to sub-licence the same whether we refer to your user name or not and to the extent permitted by law, you waive any moral rights you may have in your content (i.e. the right to be identified as author of or to object to derogatory treatment of such content). The grant of these rights to us is irrevocable, worldwide and royalty-free. This means that we can continue to publish, use and display that content even if you ask us to remove it or after your registration has ended. We can use all or part of your content in advertising and marketing materials for our products and we may edit the content as we wish. It is in our sole discretion whether or not we use your content. We can remove your content even if you have complied with our Community Guidelines in force from time to time. If you do not agree to this, please do not submit any content to us. We may or may not use any user generated content provided to us.

Whenever you make use of a Forum, send us content or make contact with other users of the Site, you must comply with any Community Guidelines we notify to you from time to time.  You warrant that your contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Whilst we do not pre-screen Postings, we reserve the right, in our sole discretion, to delete any Posting submitted by you and/or to close any topic, at any time without notice to you.

Complaints about user generated content

Complaints about the content of any Posting must be sent to info@pureradioscotland.com and must contain details of the specific Posting giving rise to the complaint.

External links and banners

The Site may, from time to time, include links to external sites and banner advertising.  We have included links to these sites to provide you with access to information and services that you may find useful or interesting but we do not accept responsibility for their content nor for their compliance with any laws and regulations.  We have no control over the content of these sites or for anything provided by them and do not guarantee that they will be continuously available.  We accept no responsibility for these sites or any loss or damage that may arise from your use of them.  The fact that we include links to such external sites does not imply any endorsement of or association with their operators.

Liability

Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.  

Subject to this, in no event shall we be liable to you (whether caused by tort or by breach of contract or otherwise) for loss of anticipated savings, data, wasted time,  indirect or consequential losses, or for any loss of profit, revenue, contracts, goodwill or other similar losses whether directly or indirectly incurred.

We exclude any liability arising out of any dealings you have with third parties that take place using or facilitated by our website unless specifically agreed elsewhere in our terms of use.

Any software is downloaded at your own risk.

You are responsible for and agree to pay us any losses, costs or expenses that we suffer as a result of you failing to comply with these terms of use.

General

If any part of provision of these terms of use is found to be unenforceable, this shall not affect the validity of any other part or provision.

You may not assign, sub-license or otherwise transfer any of your rights under these terms of use. We may assign these terms of use or any rights hereunder without your consent or notice.

These terms of use supersede any previous versions.

These terms of use shall be governed by English law, and you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.  Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

Contacting us

Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to info@pureradioscotland.com, by telephone on 0141 353 2222 between the hours of 9am to 5pm, Monday to Friday or write to us at: Speirs View, 50 High Craighall Road, Glasgow, G4 9UD

Thank you for visiting our Site.

Last updated: November 2019 © DC Thomson & Company Limited 2019
 

Competition terms and conditions

These terms and conditions (“Terms”) are supplemental to and should be read in conjunction with any specific entry instructions or terms applying to the specific competition (“Competition Information”) and in the event of inconsistency these Terms shall prevail. 

To enter a competition all entrants must comply with the entry requirements set out in the Competition Information and these Terms. The entrant acknowledges that failure to comply with the Competition Information or these Terms may result in his/her disqualification from the competition.

Unless expressly stated otherwise in the Competition Information these Terms apply to all competitions run (including, without limitation, in print, online, at events or on social media pages) by DC Thomson & Co Ltd (a company registered in Scotland with company no. SC005830) whose registered address is Courier Buildings, Albert Square, Dundee (“DCT”) and/or any group companies wholly or partially owned by DCT.

DCT reserves the right to amend and update these Terms at their sole discretion from time to time and such changes will become effective as soon as they are published on the relevant site/publication.

In these Terms “Editor” shall mean the editor(s), including online editor(s) of the newspapers and magazines published by DCT and “Marketing Manager” shall mean the head of newspaper & magazine marketing for DCT from time to time.

Eligibility

1. Employees and members of their immediate families (being spouses, parents, children and siblings) of: 

(i) DCT; or

(ii); or any company or sponsor associated with a specific competition,
are not eligible to enter the competitions.

2. Unless otherwise stated in the Competition Information, entry to all competitions is restricted to entrants who are residents of the United Kingdom and Ireland. 

3. Anyone under the age of 18 must obtain parental consent before submitting their entry. Any betting, gambling or gaming competitions are restricted to over 18s only.

4. Further restrictions for certain competitions, regarding age and residence requirements may be specified in the Competition Information.  

5. DCT has the right at any time to require entrants to provide proof of identity as evidence of eligibility to participate. If an entrant fails to comply with a request for proof of identity, or provides false or misleading information, the Editor or Marketing Manager may at his/her discretion, disqualify the  entrant from the competition, or, where appropriate allocate the prize to another eligible  entrant. Such decision will be final and no correspondence will be entered into about a decision regarding eligibility.

Entry

6. Unless otherwise stated, entrants may make as many entries to a competition as they wish; entries will only be accepted when an original entry form is used unless stated as a specific condition of the competition.

7. Competitions are free to enter and no purchase is necessary however standard charges of entry (including postage charges and standard telephone/SMS/text message network rates) may be incurred. 

8. Entries must be submitted in accordance with the format specified in the Competition Information. Proof of making a phone call, sending an e-mail or posting is not proof of our receipt of your entry and DCT accepts no responsibility for lost, delayed or damaged entries or entries that are not received for any reason. Where postal entries are permitted only those carrying correct postage will be accepted.

9. The closing date for entries will be specified in the Competition Information (and may be extended at the absolute discretion of DCT) and winners will be notified within 28 days of the closing date (or such other date specified in the Competition Information). Any late entries will not be accepted but the participant may still incur any associated costs. 

10. Incomplete or illegible entries will not be counted and will be discarded. DCT has no responsibility to inform any entrant that their entry is incomplete or illegible or not valid for entry to a competition. 

11. DCT is not liable for any associated cost to entrants, winners or their parents or guardians of entering a competition or claiming a prize unless expressly specified in the Competition Information.

12. Entrants (including the winners) hereby assign all intellectual property rights and waive all moral rights in their entry to DCT. Entries cannot be returned to entrants unless DCT specifically agrees to do so.   Where materials are returned to the participant, DCT accepts no responsibility for the safe return of any material or its return in an undamaged condition or any liability for loss or damage to such material.

13. In entering the competition, you warrant that all information you submit is correct and not obscene or offensive or otherwise in breach of any third party rights and DCT reserves the right to verify the eligibility of all entrants. DCT reserves the right to disqualify any entrant from the competition if it believes (in its sole discretion) that such entrant has breached any of these terms or the specific terms applying to the competition.

14. Entrants (including winners) shall not do or say anything that could damage or harm the reputation of DCT or its group companies, the promoter of the competition (if different), any products included within its publications or any DCT publication or sites. 

Judging and Draws

15. For competitions, entries will be judged by a panel of judges and an independent judge, unless subject to a public vote.  For prize draws, the winner(s) will be selected at random by the Editor/Marketing Manager. In the event that a competition has generated insufficient correct entries, DCT reserves the right to distribute the rest of the prizes to incorrect entries based on a draw. The judge/Editor/Marketing Manager’s decision is final and no correspondence will be entered into.

16. Unless expressed otherwise in the Competition Information, if, for any reason, DCT is unable to contact a winner to inform them that they have won a competition, or if a winner does not contact DCT within a reasonable period of DCT sending notification to such winner to confirm acceptance of a prize, then DCT reserves the right (in its sole discretion) to select an alternative winner.

Prizes

17. The prizes offered in competitions may be provided by a sponsor (or alternative promoter) rather than DCT and in such circumstances DCT does not accept any responsibility for the accuracy of any prize descriptions supplied by such third parties.

18. A third party providing the prize in a competition may impose terms and conditions upon the use or the acceptance of the prize. The winner shall be advised of these terms and conditions prior to their acceptance of the prize.

19. Prizes are subject to availability. No cash alternative is available. DCT and/or, (if applicable) the competition sponsor reserve the right to offer an alternative prize of equal or greater value than that advertised. The prizes are not transferrable. 

20.  Prize winners are responsible for paying all taxes, duties and any other levies on prize winnings.

Winners

21. DCT may pass details of winners to a third party who is engaged to deliver prizes to winners on behalf of DCT or (as the case may be) a sponsor or alternative promoter.
Publication of Winners' Names

22. Names of winners and results of competitions may be published by DCT in our relevant publications and/or on our relevant online channels. To obtain the name(s) of the winner(s) of a specific competition, please send a stamped addressed envelope to:- Group Marketing, DC Thomson & Co Limited, Courier Buildings, Albert Square, Dundee, DD4 after the relevant closing date.  Please indicate on the envelope the name, publication and date of the specific competition.  For phone/text entries please mark the envelope for the attention of the “Enterprise department”.

Publicity and Use of Personal Information

23. Entrants agree that (if they win) they will take part in such reasonable competition-related publicity as DCT may require and accept that DCT may publicise their entry, including photos or images submitted as part of their entry, names, likeness and statements in connection with/resulting from the competition in any and all media. Unless stated otherwise in the Competition Information, no Entrants or Winners shall be obliged to take part in any photo publicity. Entrants shall not enter into any correspondence or give interviews with any third party on any matters arising from the competition, without prior written permission of DCT. 

24. DCT and/or third party promoters for the competition may use data supplied by entrants to process the competition, inform winning participants of their winning entry, distribute prizes and, where the relevant marketing permissions have been collected, to contact entrants in relation to other competitions it runs or to market products or services it believes may be of interest to them.  

25. Entry into the competition shall constitute consent to the uses of data contained in these Terms. 

26. If, at any time, entrants no longer wish to be contacted for the purposes above, they should contact us in accordance with our Privacy Policy. We will always use and keep personal data in accordance with our Privacy Policy.

Liability

27. Except in the case of death or personal injury caused by their negligence or fraud, DCT shall not be liable to any entrant (and/or any guest or parent/guardian of an entrant, as applicable) for any loss or damage howsoever caused (whether in contract, tort (including, without limitation, negligence) statutory duty or otherwise) arising out of or in connection with a competition. If DCT is liable to a participant for any reason (other than death or personal injury arising from DCT’s negligence) such liability shall be limited to £50 in aggregate. 

28. To the fullest extent permitted by law DCT does not make any express or implied warranties, representations or endorsements whatsoever with regard to the competition prizes or any information, service or product provided in connection with a competition.

29. DCT does not accept any responsibility for network, computer hardware or software failures of any kind, including (without limitation) those which may restrict or delay the sending or receipt of an entry.

Applicable Law

30. Competitions and these Terms (including in respect of any non-contractual obligations) are governed by English law and any disputes arising in connection with a competition and/or these Terms (including in respect of any non-contractual obligations) will be subject to the exclusive jurisdiction of the courts of England.