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TERMS & CONDITIONS

Last updated on Thursday 26th August 2021
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the d3ep.com website (the “Service”, "Website") operated by D3EP Radio Network (“us”, “we”, or “our”).

These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

By accessing the Service, you agree to be bound by the Terms and Conditions appearing in this document and that you accept our Privacy Policy. Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Privacy Policy which is available here.

If you wish to register with the Service, you must enter the "Log In" page on the Website and register using our online registration process. In doing so you must agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Website's registration process and (ii) maintain and promptly update the information to keep it true, accurate, current and complete.

You will also receive an account upon completing the Website's registration process. Irrespective of whether you choose to use the "remember me" function that we offer in relation to your password/username, you are responsible for maintaining the confidentiality of your email address, username, password or account. You agree to: (i) immediately notify us of any unauthorised use of your email address, password, username or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.

We may alter these Terms at any time and your use of the whole/any part of the Service following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Service.

We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of the Service with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Service.

The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

You agree not to attempt any unauthorised access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Website users arising out of that user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.

We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

We have the right, but not the obligation, to monitor any activity and content associated with the Service. We may investigate any reported violation of these Terms or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use and you may download any digital recordings purchased hereunder and stream any clips provided on your personal computer or other similar personal device. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

You should assume that everything you see and read on the Website is copyrighted unless otherwise noted and may not be used except as provided by the Terms and Conditions.

We are not responsible for any injury, loss, claim, damage, or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the Website. However, nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

You must be at least 16 years of age to use the Website. This site may include content that is unsuitable for anyone under the age of 16 and if you are under 16 you may only use the Website with the involvement of a parent or guardian. If you are a parent or guardian of someone under the age of 16 who is using this Website, you agree to these terms and conditions and our privacy policy and that you shall be responsible for the conduct and acts/or omissions of your children in using this Website as if these were your own. By registering to the Website you represent and warrant that you are at least 16 years of age and by making any purchase you represent that you are at least 18 years of age.

You expressly agree that your use of, or inability to use any services provided on the Website is at your sole risk. All Digital Recordings provided via the Website are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantibility, fitness for a particular purpose, title and non infringement.

We do not represent or guarantee that any service provided via the Website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.

We will not be liable in contract, tort or otherwise if you incur loss or damage by connecting to the Website through a third party's hypertext link.

Notwithstanding any other provision in the Terms, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.

If any part of the Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not effect the validity and enforceability of any of the remaining provisions of the Terms and Conditions.

These Terms and the Privacy Policy referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Terms.

We reserve the right to terminate any account and access to the Service immediately if we believe that the Terms and Conditions have been breached by the account holder.

These Terms and Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

If you have any questions about these Terms, please contact us.
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