| Terms and
conditions for use of the Jane Scrivner
Stone website. |
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1 ACCEPTANCE
OF TERMS
1.1 Your access to and use of Jane Scrivner Stone ("the Website")
and any Services referred to in Clause 2, is subject exclusively
to these Terms and Conditions. You will not use the Website/Services
for any purpose that is unlawful or prohibited by these Terms
and Conditions. By using the Website/Services you are fully
accepting the terms, conditions and disclaimers contained in
this notice. If you do not accept these Terms and Conditions
you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and
Conditions at any time and your continued use of the Website/Services
following any changes shall be deemed to be your acceptance
of such change. It is therefore your responsibility to check
the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email,
bulletin boards, chat areas, news groups, forums and/or
other message or communication facilities ("the Services")
designed to enable you to communicate with others. Unless
stated otherwise the Services are for your personal and
non-commercial use only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy of our users,
particularly children. Parents who wish to allow their
children access to and use of the Website/Services should
supervise such access and use. By allowing your child access
to the Services you are allowing your child access to all
of the Services, including email, bulletin boards, chat
areas, news groups, forums and/or other message or communication
facilities. It is therefore your responsibility to determine
which Services are appropriate for your child. Always use
caution when revealing personally identifiable information
about yourself or your children via any of the Services.
4
PRIVACY POLICY
4.1 We are committed to responsible data management and subscribe
to the principals of the data protection legislation in
the United Kingdom. We are committed to maintaining the
privacy of our users and maintaining the security of any
personal information received from you. If you register
for any of the Services you will be asked to provide basic
personal information. The information provided by you is
not available for sale or use by third parties. The information
is used solely for notifying you of changes or updates
to the Website/Services.
4.2 We use a technology called "cookies" as part
of our normal business procedure to track patterns of behaviour
of visitors to the Website. A cookie is an element of data
that the Website sends to your browser that is then stored
on your system. You can set your browser to prevent this
happening. Any information collected in this way can be used
to identify you unless you change your browser settings.
5
USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you
will be required to complete the registration process by
providing certain information and registering a username
and password for use with that Service. You are responsible
for maintaining the confidentiality of the username and
password and also for all activities which take place under
your account. You agree to immediately notify us of any
unauthorised use of your password or account or any other
breach of security. In no event will Jane Scrivner Stone be liable
for any indirect or consequential loss or damage whatsoever
resulting from the disclosure of your username and/or password.
You may not use another person’s account at any time,
without the express permission of the account holder.
6
ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics,
logos, photographs, images, moving images, sound, illustrations
and other materials ("the Content"), whether
posted publicly or transmitted privately, are the sole
responsibility of the person from whom such Content originated.
We do not control or endorse the Content and cannot guarantee
the accuracy, integrity or quality of such Content and
you acknowledge that by using the Services you may be exposed
to Content that is offensive and/or indecent. Jane Scrivner Stone
will not be liable in any way for any Content or for any
loss or damage of any kind resulting from the use of any
Content transmitted via the Services and you agree to bear
all risks associated with the use of any Content, including
any reliance on the accuracy or completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters,
pyramid schemes or any other unsolicited messages, commercial
or otherwise;
6.2.2 post, publish, distribute or disseminate material or
information that is defamatory, infringing, obscene, indecent,
threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material or
information that incites discrimination, hate or violence
towards any person or group on account of their race, religion,
disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate
the legal rights (including rights of privacy and publicity)
of others;
6.2.5 use any information or material in any manner that
infringes any copyright, trademark, patent or other proprietary
right of any party;
6.2.6 make available or upload files that contain a virus,
worm, trojan or corrupt data that may damage the operation
of the computer or property of another;
6.2.7 collect or store personal information about others,
including email addresses;
6.2.8 advertise or offer to buy or sell goods or services
for any commercial purpose, unless such communication facility
specifically allows such messages;
6.2.9 impersonate any person or entity for the purpose of
misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that could
damage, disable, overburden or impair the Website/Services
or interfere with any other party’s use and enjoyment
of the Website/Services;
6.2.12 post, publish, distribute or disseminate material
or information that you do not have a right to transmit under
any law or under contractual or fiduciary relationships (such
as inside information or confidential information disclosed
in the course of employment or under a confidentiality agreement);
6.2.13 attempt to gain unauthorised access to any of the
Services, other accounts, computer systems or networks connected
to the Website/Services through hacking, password mining
or any other means.
6.3 We have no obligation to monitor the Services but shall
be entitled to review materials posted to a communications
facility and, at our sole discretion, to remove any material
that breaches these Terms and Conditions or is otherwise
objectionable.
7 TERMINATION
We have the right to terminate your access to any or all
of the Services at any time, without notice, for any reason,
including without limitation, breach of these Terms and
Conditions. We may also at any time, at our sole discretion,
discontinue the Website/Services or any part thereof without
prior notice and you agree that we shall not be liable
to you or any third party for any termination of your access
to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites
that are controlled and maintained by others. Any link
to other websites is not an endorsement of such websites
and you acknowledge and agree that Jane Scrivner Stone is not responsible
for the content or availability of any such sites.
9 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the
transmission of technical data exported from the United
Kingdom or the country in which you reside (if different)
and with all local laws and rules regarding acceptable
use of and conduct on the Internet.
10 INTELLECTUAL PROPERTY
RIGHTS
10.1 The Website and its content (including without limitation
the Website design, text, graphics and all software and
source codes connected with the Website and the Services)
are protected by copyright, trade marks, patents and other
intellectual property rights and laws. In accessing the
Website you agree that you will access the contents solely
for your personal, non-commercial use. None of the content
may be downloaded, copied, reproduced, transmitted, stored,
sold or distributed without the prior written consent of
the copyright holder. This excludes the downloading, copying
and/or printing of pages of the Website for personal, non-commercial
home use only.
10.2 Jane Scrivner Stone does not claim ownership of any materials
you post, upload or submit to any publicly accessible area
of the Services. However, by doing so you are granting us
a world-wide, royalty free, non-exclusive licence to copy,
distribute, transmit, reproduce, publicly display, edit,
translate or publish such Content for as long as you elect
to display such Content via the Services. The licence shall
be terminated when such Content is deleted from the Services.
11
INDEMNITY
You agree to indemnify and hold Jane Scrivner Stone harmless from and
against any breach by you of these Terms and Conditions
and any claim or demand brought against Jane Scrivner Stone by any
third party arising out of your use of the Services and/or
any Content submitted, posted or transmitted through the
Services, including without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses) howsoever
suffered or incurred by Jane Scrivner Stone in consequence of your
breach of these Terms and Conditions.
12 DISCLAIMERS AND
LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own risk. The
Website/Services are provided on an "AS IS" and "AS
AVAILABLE" basis without any representation or endorsement
made and without warranty of any kind whether express or
implied, including but not limited to the implied warranties
of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law, Jane Scrivner Stone will not be
liable for any indirect or consequential loss or damage whatsoever
(including without limitation loss of business, opportunity,
data, profits) arising out of or in connection with the use
of the Website/Services.
12.3 Jane Scrivner Stone makes no warranty that the Website/Services
will meet your requirements, that Content will be accurate
or reliable, that the functionality of the Website/Services
will be uninterrupted or error free, that defects will be
corrected or that the Website/Services or the server that
makes them available are free of viruses or anything else
which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed
so as to exclude or limit the liability of Jane Scrivner Stone for
death or personal injury as a result of the negligence of
Jane Scrivner Stone.
12.5 Nothing in these Terms and Conditions shall affect your
statutory rights as a consumer.
13 SEVERANCE
If any of these Terms and Conditions should be determined
to be invalid, illegal or unenforceable for any reason
by any court of competent jurisdiction then such Term or
Condition shall be severed and the remaining Terms and
Conditions shall survive and remain in full force and effect
and continue to be binding and enforceable.
14 GOVERNING
LAW
These Terms and Conditions shall be governed by and construed
in accordance with the law of England and you hereby submit
to the exclusive jurisdiction of the English courts.
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