DYNAMIC FM TERMS AND
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. BY ENTERING THIS WEBSITE THE
USER (“YOU, “YOUR”) ACCEPT WITHOUT LIMITATION OR QUALIFICATION THE TERMS AND CONDITIONS
OF USE SET OUT BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF
USE YOU MAY NOT USE THE WEBSITE.
- ABOUT THE SITE
This website located at www.dynamic.fm (“Site”) is brought to you by Dynamic FM Limited (“Dynamic
FM”, “us”, “we”). As part of our commitment to maintaining the standard of the content of the Site we
welcome your comments in relation to any of the policies or terms set out below. If you have any such
comments please use the “Contact Us” section of the Site.
- ACCEPTABLE USE OF THE SITE
2.1 This Site, its design and the materials on it, including but not limited to text and graphics (collectively
“Content”) are protected by copyright, trade mark and other intellectual property rights and laws
throughout the world. You are granted a limited licence to download the materials contained on the Site
to a single personal computer, and print a hard copy of such materials, solely for personal, noncommercial use, and provided all copyright, trade mark and other proprietary notices are left intact. The
grant of this limited licence is conditional upon your agreement to and compliance with all these terms
and conditions of use. Without the prior permission of Dynamic FM, any other use of the materials on the
Site including reproduction (for any purpose other than those noted above), modification, distribution or
republication is prohibited and is a violation of Dynamic FM’s rights.
2.2 Any use of the Site must comply with the following conditions:
(a) You must not post onto or otherwise make available on the Site any defamatory, threatening, obscene,
harmful or pornographic material or material which would violate or infringe in any way the rights of
others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress
or inconvenience or which does not comply with all relevant laws. You must not express opinions that are
vulgar, crude, sexist, racist or otherwise offensive.
(b) You must not post onto or otherwise make available on the Site any material which you do not own
without express permission of the owner of the material;
(c) You must not make available, upload or distribute by any means any material or files that contain any
viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software; and
(d) You must not damage, interfere with or disrupt access to the Site or do anything, which may interrupt
or impair its functionality.
2.3 You acknowledge and agree that we shall be permitted to remove material we do not believe is
suitable for the Site or for any other reason in our discretion and shall be entitled to release the material
and your details in the event of any legal investigation or procedure or complaint relating such material
- LINKS TO AND FROM THE SITE
3.1 The Site contains links to other Internet sites on the world wide web including, but not limited to,
Twitter, Facebook, LinkedIn and YouTube. These websites will be subject to their own terms and
conditions, particularly in relation to posting opinion, and you should refer to these if making such
comments. Dynamic FM provides such links for your convenience only. Dynamic FM is not responsible for
the availability of any websites linked to or from this site and does not endorse and is not responsible for
any content, advertising, products or services available on or from such websites. Dynamic FM is not liable
for any damages, loss or offence caused, or alleged to be caused by or in connection with the use of or
reliance on any content, advertising, products or services available on or from such websites.
3.2 You must not establish a link to the Site, unless:
(a) you have obtained the prior written approval of Dynamic FM to establish such a link;
(b) you create a direct link to the Site;
(c) you do not create any third party association with the website; and
(d) you ensure that you do not state or imply that Dynamic FM sponsors or endorses or otherwise
supports any other website activity, company or entity, or do anything that presents Dynamic FM and its
associates in a false, misleading, defamatory or derogatory manner;
3.3 Approval from Dynamic FM to establish a link to the Site shall not permit you to use any Dynamic FM
and/or third party content, names, logos, pictures or trademarks, unless separately agreed to in writing by
the relevant rights-holder.
3.4 Any dealings between you and any third party found on or via the Site, including payment for and
delivery of products, services, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and the relevant third party company. Dynamic FM is not liable
for any loss or damage of any kind incurred as the result of any such dealings.
- INTELLECTUAL PROPERTY
4.1 All copyright, trademarks and all other intellectual property rights in all Content shall at all times
remain vested in Dynamic FM and its licensors. You are permitted to use this Content only as expressly
authorised in writing by Dynamic FM, its licensors or in accordance with these terms and conditions of
use. You must not and agree not to assist or facilitate any third party to copy, reproduce, repurpose,
transmit, distribute, commercially exploit or create derivative works except as permitted by these terms
and conditions of use.
4.2 If you become aware of any such distribution or commercial exploitation of the Content, you agree to
notify us immediately.
THE SITE AND ITS CONTENT ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS,
DYNAMIC FM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE
BUT WITHOUT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, THIS WEBSITE IS
PROVIDED FREE OF CHARGE AND DYNAMIC FM DOES NOT REPRESENT OR WARRANT THAT THE
INFORMATION ON AND/OR THE FACILITIES ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE OR
CURRENT, OR THAT THE SITE WILL BE FREE OF DEFECTS, INCLUDING BUT NOT LIMITED TO, VIRUSES OR
OTHER HARMFUL ELEMENTS. THE USER OF THE SITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE
USE OF THE SITE.
- LIMITATION OF LIABILITY
6.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER DYNAMIC FM NOR THEIR
EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR LOSS OR DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR
FACILITIES OR SERVICES OFFERED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, INDIRECT OR
CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR
DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. THIS LIMITATION OF LIABILITY APPLIES EVEN IF
DYNAMIC FM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR SUCH LOSS OR
DAMAGES WERE REASONABLY FORESEEABLE.
6.2 IF CLAUSE 6.1 IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT
LAWS, THEN IN NO EVENT SHALL DYNAMIC FM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES
AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANYTHING, FOR ACCESSING THIS WEBSITE.
6.3 NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR
DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
7.1 Dynamic FM will comply with applicable UK Data Protection legislation from time to time in place in
respect of any personal data collected by Dynamic FM through the Site.
7.2 You must read our Privacy Notice which forms part of these terms and conditions of use and sets out
the way in which your personal data is handled.
You agree to indemnify Dynamic FM, and/or any of its affiliates and their officers, directors and
employees, immediately on demand, against all claims, liability, damages, costs and expenses, including
legal fees, arising out of any breach of these terms and conditions of use by you or any other liabilities
arising out of your use of the Site. You agree to co-operate as fully as reasonably required by Dynamic FM
in Dynamic FM’s defence of any claim. Dynamic FM reserves the right, at its own expense, to assume the
exclusive defence and control of any matter and you shall not, in any event, settle any matter without the
written consent of Dynamic FM.
Dynamic FM reserves the right to suspend or terminate any use by you of the Site and any substitute
thereof, where it appears to Dynamic FM in its sole discretion that your use is in breach of these terms
and conditions of use or any other terms and conditions on the Site or have otherwise been engaged in
conduct which Dynamic FM determines in its sole discretion to be unacceptable.
- AMENDING THE TERMS AND CONDITIONS OF USE
Dynamic FM may add to, change or remove any part of these terms and conditions of use at any time,
without notice. Any changes to these terms and conditions of use or any terms shown on the Site or any
substitute hereof, apply as soon as they are shown. By continuing to use the Site after any changes are
posted, you are indicating your acceptance of those changes. Dynamic FM may add, change, discontinue,
remove or suspend any Content displayed on the Site, including features and specifications of products
and services described or depicted on the Site, at any time, without notice and without liability.
11.1 Invalidity: If any of these terms and conditions of use are determined to be invalid or otherwise
unenforceable by reason of the application of any law, such provisions shall be severed and deleted from
these terms and conditions of use and the remainder of these terms and conditions of use shall continue
to have full force and effect.
11.2 Notices: Notices shall be sent to the e-mail address you provide Dynamic FM within the case of
notices sent by Dynamic FM and to the relevant e-mail address as set out on the Site in the case of notices
sent by you. Notices shall be deemed to have been delivered at the confirmed time of sending the e-mail.
11.3 Governing law: These terms and conditions of use shall be governed by and construed in accordance
with English law. Any dispute under these terms shall be subject to the exclusive jurisdiction of the English
courts and, by using the Site, you hereby submit to the jurisdiction of such courts for such purposes and
waive any and all objections to jurisdiction or venue in such courts.