Terms Of Use

By accepting the Terms and Conditions upon sign-up, you consent to the following:

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General

Definitions:

In these terms and conditions the following expressions shall have the following meanings: (a) "The Company" means Auction Media Ltd, 36-40 Maple Street, London W1T 6HE. (b) "The Advertiser" means the advertiser or Agency contracting for the services of the Company through the Radio Trading Desk auction site. (c) “The Radio Station” means the radio station contracting for the services of the Company through the Radio Trading Desk auction site (d) “Radio Trading Desk” means the RadioTradingDesk.com auction web site

Contracting Parties:

The Advertiser contracts with the Company for the services provided by the Radio Trading Desk auction site and the Company will invoice the Advertiser by email for radio airtime campaigns booked through the Radio Trading Desk auction site including VAT. The Radio Station contracts with the Company upon conclusion of a successful auction and will invoice the Company for delivered airtime campaigns.

Advertisers Warranties:

The Advertiser warrants and undertakes that in relation to advertisements used in booked airtime campaigns: (a) the facts given about its products or services shall be accurate and in no way misleading, (b) the Advertiser is the legal and beneficial owner of all contributions made by the Advertiser to the advertisement and/or has obtained all the necessary licenses, release or consents and the use of any such contributions shall not infringe the copyright or any other rights of any person, firm or company, (c) the Advertiser shall not include in the advertisement any matter which is an infringement of copyright of any other third party or is defamatory or is obscene or will expose the Company to criminal or civil proceedings, (d) the Company shall be fully indemnified by the Advertiser from and against all actions, proceedings, claims, demands and costs awards and damages arising out of any breach by the Advertiser of its warranties hereunder.

Advertising Standards and Codes

The Advertiser shall observe the CAP Radio Advertising Standards Code and the Ofcom Broadcasting Code and other codes of advertising standards laid down within the advertising industry in relation to any copy loaded onto the Radio Trading Desk auction site.

Liability

(a)The Company shall not be liable to the Advertiser under any circumstances in respect of any claim resulting from the use of the Radio Trading Desk auction site, for any loss of profits, consequential losses or other indirect consequences, whether arising from negligence, breach of contract or howsoever. (b) The Company shall not be liable for any delay in, or omission of transmission or any error in any airtime campaign booked through the Radio Trading Desk auction site in the absence of any negligence on the part of the Company.

Severability

If any provision of these terms and conditions shall be prohibited by or adjudged by a Court to be unlawful or unenforceable such provision shall to the extent required be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions and shall not in any way affect any other circumstances of the validity or enforcement of these terms and conditions.

Changes of Terms & Conditions

The Company reserves the right to change any of these terms & conditions and the terms and conditions applicable shall be those in force at the time of the auction.

Confidentiality:

Any receiving party shall hold all information relative to spot rates and any other proprietary information given by the disclosing party in the strictest of confidence and shall use its best efforts to protect it from exposure to third parties. It shall not permit the use, abstraction, copying or summarization of this proprietary information. In the event of breach, the violating parties shall not be allowed to participate in future Radio Trading Desk auctions.

Participation in Auctions:

In order for an auction to take place, funds submitted by the Advertiser must be cleared by the deadline specified. The Company reserves the right without cause to deny access to its auctions to any party.

Auction start and end times are based solely on the auction countdown clock displayed on the Radio Trading Desk site. Bids placed after the countdown has ended will not be entered into the system.

If the Radio Trading Desk auction site does not receive spot times from a radio station within five (5) days after the close of the broadcast week, then the Company will return the pre-paid funds for those spots to the advertiser. The Company does not accept make goods. The Company shall not be responsible for any payment to a radio station if funds deposited to pay for spots are returned to an advertiser due to the radio station's failure to submit spot times in accordance with these terms.

Radio Trading Desk uses and relies upon RAJAR data in setting up each auction for radio advertising. Only those radio stations with a RAJAR-classified market demographic (including stations using recognised simulated data) that matches the advertiser’s requested programming market are permitted to bid in the auction for such advertiser’s spots. Radio Trading Desk shall rely conclusively on the All Listening RAJAR market data unless notified by a radio station, promptly and in writing, of a change in the radio station’s market. Within one month of RAJAR’s quarterly release of the updated data, Radio Trading Desk updates its own radio station information database with the RAJAR data. If a radio station changes its market in the interim between one of RAJAR’s quarterly releases of updated radio station data, it is the responsibility of the radio stations to notify Radio Trading Desk promptly, in writing, of such change. Radio Trading Desk shall not be liable to advertisers for spots that air on a radio station that has changed its market and has not provided Radio Trading Desk with written notification of such change.

You agree to comply with the following rules in addition to all other legal requirements and rules:

1. You are not permitted to use the Radio Trading Desk’s name, URL, trademarks, copyrights or properties without the expressed written consent of an agent of Radio Trading Desk unless otherwise specified.

2. You agree to comply with all laws and regulations applicable to your use of the Radio Trading Desk’s web site and any materials you upload to or transmit via Radio Trading Desk.

Creative Materials:

In an effort to assist advertisers with creative materials, the Company may provide references of various providers of such services. However, the Company does not warrant the work of said providers. All aspects of the relationship relative to the creation of advertising or other materials is strictly between the advertiser and the provider selected by that advertiser.

The Company through Radio Trading Desk acts as an intermediary between advertisers and stations. The Company makes no warranty, expressed or implied on behalf of any advertiser, including warranties as to the merchantability or quality of any advertiser’s goods or services, or their fitness for any specific purpose. No advertiser is authorized by the Company to make representations or warranties on behalf of the Company or Radio Trading Desk or to indicate that the Company warrants any advertiser’s goods or services.

Governing Law/Jurisdiction:

This agreement and the terms and conditions contained therein shall be governed and construed in accordance with the laws of England, the courts of which shall be the competent jurisdiction.

PRIVACY STATEMENT

Our Privacy Policy may be changed or modified. You are encouraged to periodically check back here for changes.

Radio Trading Desk appreciates the importance of maintaining your privacy and how information about you is gathered, used and disseminated. This statement is to inform you of our Privacy Policy and how we collect and use information. This policy applies to our information collection and dissemination on (a) our website(s), (b) third party websites (affiliated with us), and (c) other ways we collect and use user information including the purchase of customer lists and data from third parties.

Information Volunteered by User:

Upon completion of any survey, order form or registration form, online or offline, Radio Trading Desk will collect user information provided on such forms. Some information is necessary to complete the survey, order or registration, while other information is requested and volunteered by the user to enhance usage of features, or increase eligibility to win prizes or receive special offers. The information provided by users typically include a user’s name, address, email, telephone number, birth date, gender, salary range, education, martial status, occupation, employment status, personal and online interests, and other information that may be requested from time to time. We may also collect information about a user’s web browser or Internet Protocol (IP) address. Radio Trading Desk or a third party may offer users incentives in exchange for providing the requested information.

Information Gathered from Third Parties:

Radio Trading Desk may license or otherwise lawfully acquire user information from a third party. This information may include a user’s name, address, email, telephone number, birth date, gender, salary range, education, marital status, occupation, employment status, person or online interests and other information that users have lawfully provided to a third party, or a third party has otherwise lawfully acquired. When acquiring these outside sources, Radio Trading Desk will exercise due diligence in assuring that such data was lawfully obtained, that the third party has the right to transfer said information to Radio Trading Desk, and that we have the right to provide offers from advertisers to the users whose information was obtained. If we obtain user information from websites other than our own, our name will appear and users will be notified that by singing up or accepting the terms and conditions, they will be receiving promotional and marketing messages from Radio Trading Desk. There will also be a link to our latest Privacy Policy.

Other occasions where Radio Trading Desk may obtain user information may include (1) when users claim a prize or seek to redeem an incentive offered by us or a third party, (2) when users request assistance through our customer service department, or (3) when users voluntarily subscribe to a service or newsletter provided by Radio Trading Desk a third party. Radio Trading Desk may also obtain user information from public databases.

Web Beacons:

Web beacons are electronic images that allow a web site to count users who have visited that page or to access certain cookies. These electronic images, sometimes referred to as “single-pixel GIF” or, can track the effectiveness of a promotional campaign and transfer an individual’s unique user identification (often in the form of a cookie) and input and associate updated information into our database.

Radio Trading Desk includes web beacons in HTML-formatted email messages that are sent to determine whether email messages were opened or acted upon. Generally, any electronic image viewed as part of a web page including an ad banner can act as a web beacon.

Cookies:

Cookies are small files placed on user hard drives that allow companies to analyze the quality and effectiveness of web pages, and identify users with corresponding information in databases. Users are typically free to decline cookies, although this may limit the use and functionality of a web page’s features.

This website uses cookies to track site usage and visitor statistics. If you do allow cookies to be used, we or a third party such as Google may place a cookie on the device you use to view this website. This does not allow us to identify you individually.

Other Information Collected Using New Technology:

As technology continues to rapidly change and advance, so will Radio Trading Desk’ use of such technology. As a result, Radio Trading Desk may change or employ additional methods in gathering, using, and disseminating user information. Users are thus encouraged to visit this page for any updates or sign up below to be electronically notified via email of changes to our Privacy Policy.

Information Regarding Children:

Radio Trading Desk will not knowingly collect any personal information from users under the age of 13. Users between the ages or 13 and 18 may use Radio Trading Desk’ Websites, but only under the supervision of a parent or legal guardian who agrees to our Privacy Policy. Radio Trading Desk will immediately delete any and all information when actual knowledge that the user information belongs to a user under 13 years of age. Radio Trading Desk does not knowingly use information of users under 13, nor disseminate any such information to third parties. This practice is in full compliance with the Children’s Online Privacy Protection Act (COPPA).

Credit Card Information:

Radio Trading Desk may collect user credit card information, including without limitation billing addressees and expirations dates (collectively “credit card information”) when users place an order with Radio Trading Desk or any of its affiliates or subsidiaries through their website. Users’ credit card information will be encrypted and protected with SSL encryption software. Radio Trading Desk will use users’ credit card information for processing and completing purchase transactions, and will disclose such information to third parties only when necessary to complete the purchase transaction.

Radio Trading Desk’s Use of Information Obtained:

With the exception of a change in control of our company or the sale of substantially all of the Company’s assets, Radio Trading Desk will not rent, sell or license users’ personal information to any third party, without first notifying users via email of our intent to take such action and allowing users to remove their information from the transfer. Radio Trading Desk uses individual information to provide promotional offers to users through email advertising, telephone marketing, post mail, and other means of communication. Radio Trading Desk reserves the right to use user information for any legally permissible purpose.

Summary Data:

Radio Trading Desk may sell, transfer or share non-individual information in the form of a summary of responses and information without identifying specific individuals or groups.

Storage Information:

Radio Trading Desk stores information on a database on computers in the United States. Procedural and technical safeguards are continuously employed and updated to ensure the protection against the loss, misuse or alteration of information under Radio Trading Desk control including encryption, firewalls and secure socket layers and other technology. While Radio Trading Desk cannot guarantee that user data will not be accessed illegally, Radio Trading Desk appreciates the sensitivity and confidentiality of user data and employs various security techniques to reduce the chances of, and prevent, unauthorized access by users both inside and outside of the company.

Legal Requests:

Radio Trading Desk cooperates with law enforcement inquiries, as well as third parties to enforce laws, court orders, protect intellectual property rights, eliminate fraud, and help protect both users and our company from illegal actions. Radio Trading Desk may disclose user information to law enforcement or other government officials as required by law in response to a verified request by a law enforcement or other government official relating to a criminal investigation or alleged criminal activity, suspected criminal activity, or potential threats to the safety of an individual. Due to the existing regulatory environment, Radio Trading Desk makes no assurances that user information will never be disclosed in any way not otherwise described in the Privacy Policy.

Practices of Third Parties:

Users should be aware that advertising agencies, advertising networks, and other companies who place advertisements on Websites, email messages and on the internet may use beacons, cookies or other technology to collect user information. Radio Trading Desk has no control over, and is not responsible for, any third party’s use of cookies, web beacons or other technology to collect user information.

More Information:

If you have questions about this policy, please contact us at Catherine@AuctionMedia.co.uk. WE RESERVE THE RIGHT TO UPDATE THIS POLICY WITHOUT NOTICE. USERS SHOULD REVIEW THIS POLICY FREQUENTLY.