Terms and Conditions
Introduction
bookleteer.com (the "Site") is a project of Proboscis ("we", "us"), a non-profit creative studio based in London, UK. Please make sure you are familiar with the Terms & Conditions set out below, and most especially the sections about copyright and your responsibilities.
Copyright & Your Responsibilities
Proboscis provides access to bookleteer.com to enable users to create and share publications in the form of Diffusion eBooks and StoryCubes. Proboscis does not act as the publisher of publications created with bookleteer.com. All content added, submitted or uploaded by users ("User Content") - writing, photographs, artistic works or any other content - and incorporated within these publications remain the sole responsibility of the user. By using this Site the user warrants that any User Content is
(a) their own work and does not infringe any third party's rights,
(b) if not their own work then it is used with permission and with necessary clearances for rights,
(c) doesn't infringe any third party's copyrights, moral rights, intellectual property or any other rights
(d) is not unlawful, defamatory, obscene, offensive, threatening or in breach of anyone's privacy or contempt of court
Users may be asked to provide evidence that User Content is used with the permission of rights holders. In the case of any dispute, user accounts will be temporarily suspended until the matter is resolved. Any User Content or user activity found to be in breach of these Terms may result in termination of the user's account and deletion of all content on the Site.
1. Acceptance of Terms and Amendments
Each time you use or cause access to this Site, you agree to be bound by these Terms and Conditions, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this Site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms and Conditions. Please see our Privacy Policy, which is incorporated into these Terms by reference.
2. Our Service
Our Site and services are provided to you on and through our Site on an "AS IS" basis. You agree that the owners of this Site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this Site and its services. You have the right to request your account or data is deleted at any time..
3. Your Responsibilities and Registration Obligations
In order to use this Site, you must register on our site, agree to provide truthful information when requested. When registering, you explicitly agree to our Terms and as may be modified by us from time to time and available here.
4. Privacy Policy
Registration data and other personally identifiable information that we may collect is subject to the terms of Proboscis' Data Protection & Privacy Policy.
5. Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our Site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this Site nor for any error or omission, except as required under UK & EU Law.
You explicitly agree, in using this Site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this Site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this Site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may consititue or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
7. Submission of Content on this Site
By providing any Content to our Site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide or create at any time and for any reason, with or without notice.
Proboscis does not claim any rights of ownership over Content submitted or to publications created with this Site by other persons or parties.
8. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this Site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
9. Indemnification
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal costs, that may be made by any third party, that is due to or arising out of your conduct or connection with this Site or service, your provision of Content, your violation of these Terms or any other violation of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our Site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our Site or service without our prior written consent.
13. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, we may be contacted at the following address: info@proboscis.org.uk
14. Applicable Law
You agree that these Terms and Conditions and any dispute arising out of your use of this Site or our products or services shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. By registering or using this Site and service you consent and submit to the exclusive jurisdiction and venue of England and Wales.
15. Miscellaneous Information
(i) In the event that these Terms and Conditions conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain valid and intact;
(ii) The failure of either party to assert any right under these Terms shall not be considered a waiver of any that party's right and that right will remain in full force and effect;
(iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this Site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
(iv) We may assign our rights and obligations under these Terms and we shall be relieved of any further obligation.
(iv) We may assign our rights and obligations under these Terms and we shall be relieved of any further obligation.
About Proboscis
Proboscis is a company limited by guarantee and registered in England & Wales, No. 03274453. Our correspondence address is:
Proboscis
2 Ormonde Mansions
100a Southampton Row
London WC1B 4BJ
