Introduction

In these terms and conditions (“Terms”), when we refer to a “Hurley’s Media Site” we mean the entire digital information network operated by or on behalf of Hurley’s Media Ltd, its parent companies, subsidiaries and affiliates (collectively “Hurley’s Media”, “we”, “us” or “our”), as well as any Hurley’s Media apps. https://hurleysmedia.ky/ and any other sites which may from time to time be created by or for Hurley’s Media. 

Users of Hurley’s Media Sites (“User”, “you”, “your”) agree to be bound by these terms of use, our Privacy Policy and any other terms available on z99.ky, bobfm.ky. iriefm.ky and rooster101.ky from time to time (collectively, the “Terms”). Please review the Terms carefully as your continued access to the Hurley’s Media Site and/or use of any Hurley’s Media services, indicates your acceptance of the Terms.  If you do not agree to these Terms please do not use the Hurley’s Media Sites. 

Hurley’s Media reserves the right to make changes to the Hurley’s Media Sites and these Terms at any time without your consent, and encourages Users to periodically review this page for changes.  A User’s continued use of the Hurley’s Media Site after any change in these Terms will constitute acceptance of such change.  If any term or condition is deemed invalid, the enforceability of the remaining provisions of these Terms shall not be affected.

Competitions

If you wish to enter a Hurley’s Media sponsored competition, please read our competition terms and conditions.

Data Protection

To find out what personal data we collect and how we use it, please view our privacy policy here.

Use of Hurley’s Media Sites

Your use of the Hurley’s Media Site is for your own personal and non-commercial use only.  

Access is permitted on a temporary basis and Hurley’s Media reserves the right to withdraw access (in whole or in part) or amend any part of the Hurley’s Media Sites (including content and materials on the Sites and any services made available through them).

You may only use the Hurley’s Media Sites or the software and services available through them (including but not limited to the Hurley’s Media Content as defined below) (collectively, the “Site Services”) for lawful purposes.  You must not use them:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which is offensive or illegal; or
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“Spam”).

You are responsible for making any arrangements necessary for you to have access to the Hurley’s Media Sites.  You are also responsible for ensuring that any persons who access the Hurley’s Media Sites through your internet connection are aware of these Terms and comply with them.

Use of Materials and Copyright

You acknowledge that, except for user content and third party advertisements (“Third-Party Content”), Hurley’s Media is the sole owner of all content on the Hurley’s Media Site, including, without limitation, all applicable copyrights, patents, trademarks, trade names, and other intellectual property rights, text, images, graphics, logos and other material (the “Hurley’s Media Content”). 

The Hurley’s Media Site and the Hurley’s Media Content are protected by the copyright laws and other intellectual property laws of the Cayman Islands and protected globally by applicable treaties and laws.

You may download and print extracts from the Hurley’s Media Content for your own personal and non-commercial use only, provided you maintain and abide by any author credit, copyright or trademark notice or restriction. You may not use any Hurley’s Media Content for any other purpose without Hurley’s Media’s prior written approval.  You specifically agree that you will not present any Hurley’s Media Content in the context of a website other than the Hurley’s Media Sites.

You shall be solely responsible for any misuse of the Third Party Content and you indemnify and hold harmless Hurley’s Media, its employees and agents from and against all losses, expenses, damages and costs, including reasonable attorney’s fees resulting from any violation of any applicable intellectual property laws or treaties.

If you wish to use our content other than as permitted by the Terms, please contact us at info@hurleysmedia.ky   

Disclaimers and Indemnities 

The following clauses exclude or limit Hurley’s Media’s legal liability for the Hurley’s Media Sites and Users should therefore read them carefully. These limitations apply only as far as the law permits.

Though Hurley’s Media endeavours to ensure the information on the Hurley’s Media Sites or in any publication is correct at the time of publication, any and all liability which may arise from the access or use of the Hurley’s Media Sites or reliance on any Hurley’s Media Content is excluded.  To the extent permitted at law, we do not accept any responsibility for any statement in the Hurley’s Media Content. Nothing in the Hurley’s Media Content is provided for any specific purpose or at the request of any particular person. Hurley’s Media Content is provided on an “as is”, “as available” basis and Hurley’s Media does not give or make any warranty or representation whatsoever, whether express or implied. 

The use of Hurley’s Media Sites is at the User’s sole risk and Hurley’s Media shall have no liability for any investigations, claims, fines, losses, damages, costs (including attorney’s fees) expenses and liabilities (“Losses”) whatsoever and howsoever arising as a result of any User’s use of or reliance upon the Hurley’s Media Content, to the maximum extent permitted by law.  For the avoidance of doubt, we will not be liable for any Losses caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Hurley’s Media Content or any part of it. 

Hurley’s Media does not represent or warrant that the Hurley’s Media Hurley’s Media Sites will be available and meet any User’s requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other destructive properties will be transmitted or that no damage will occur to the User’s computer system.   The User has sole responsibility for protection and back up of data and equipment and for undertaking reasonable precautions to scan for computer viruses or other destructive properties.

In some instances, content made available on the Hurley’s Media Site may represent the opinions and judgments of providers or users, such as user content (“User Content”).  Hurley’s Media does not endorse nor shall it be responsible or liable for the accuracy or reliability of any statement made on the Hurley’s Media Site by anyone other than authorised Hurley’s Media employees acting in such capacity.   

This disclaimer of liability applies to any Losses caused by the Hurley’s Media Site, including, without limitation, those Losses occurring as a result of: (i) any error, omission, deletion, or defect in any content available on the Hurley’s Media Site (including user comments, Third Party Content and Hurley’s Media Content); or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action, (whether or not Hurley’s Media was aware of or advised of the possibility of such loss, damage or injury). Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

For the avoidance of doubt, if you are dissatisfied with any of the Hurley’s Media Content, the Terms or your experience in accessing or using the Hurley’s Media Sites, your sole and exclusive remedy is to discontinue access and use of the Hurley’s Media Sites.

You agree to indemnify and hold harmless Hurley’s Media, its employees and agents, from and against all Losses resulting from any violation of the Terms or your use of Hurley’s Media Sites. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this paragraph. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Third-Party Sites and Third-Party Content

You can access other sites via links from the Hurley’s Media Site. These sites are not under our control and we are not responsible in any way for any of their contents.

Third-Party Content may be submitted by third parties on the Hurley’s Media Sites. Each individual advertiser is solely responsible for the content of Third-Party Content.  Advertisers and sponsors are responsible for ensuring that Third Party Content complies with applicable law and regulation.  Hurley’s Media accepts no responsibility for the Third-Party Content, including, without limitation, any error, omission or inaccuracy therein.

User content

Users may be permitted to submit content for publication in various areas of the Hurley’s Media Site or on Hurley’s social media pages.  Interactions with our site are governed by our Community Guidelines from time to time in place. You are deemed to consent to these guidelines, as well as the Terms, if you choose to post any content or comments on any Hurley’s Media Site or social media pages.

Information by E-Mail

Hurley’s Media may give you the option to subscribe to its e-mail information service. Your use of any information received through the e-mail information service will be subject to these terms and the privacy policy.

Children’s Use of Hurley’s Media Sites

Hurley’s Media is committed to the protection of children’s privacy and you can read more about privacy generally here. Hurley’s Media encourages parents to monitor their children’s online usage, to speak to them about online safety and to prohibit them from disclosing any personally identifying information online. 

Governing law & jurisdiction 

These terms and conditions are governed by Cayman Islands law and the parties agree to submit to the exclusive jurisdiction of the Cayman Islands courts.

The Terms shall be treated as executed and performed in the Cayman Islands, and shall be governed and construed in accordance with the laws of the Cayman Islands, without regard to conflict of law principles.  All legal proceedings arising out of or in connection with this Agreement, shall be brought solely in the Cayman Islands. You expressly submit to the exclusive jurisdiction of the Cayman Islands courts and consent to extra-territorial service of process.  

In connection with any litigation arising out of the Terms, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys’ fees, whether incurred during settlement, at trial, or on appeal. 

Miscellaneous 

Should any part of the Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. 

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Hurley’s Media.

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