WEBSITE TERMS & CONDITIONS FOR VISITORS TO THE SITE
DATED: 16th DECEMBER 2008
IMPORTANT LEGAL NOTICE:
ATTENTION: THIS LEGAL AGREEMENT APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME WWW.READPLATFORM.COM(THE “SITE”) AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN READ PLATFORM LIMITED (‘US’/ ‘WE’/’OUR’) AND THE VISITOR (‘YOU’/’YOUR’). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. USING THE SITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER/SUBSCRIBE TO OR OTHERWISE USE OUR SERVICES. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE. THE TERMS APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE CONTRIBUTORS OF THE AUDIO, AUDIO-VISUAL, VISUAL, LITERARY AND/OR OTHER CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES TO THE SITE.
Read Platform Limited (Company Number: 06562273) has its registered office at 210 High Road, Leytonstone, London E11 3HU, UK.
1. INTRODUCTION
1.1 By accessing any part of this Site, you are deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Site immediately.
1.2 We may revise this legal notice at any time by updating this posting. You should check this Site from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
1.3 You may have to create a Site account to access certain features on the Site. You are under an obligation to notify us immediately of any breach of security or unauthorised use of your account that you become aware of.
1.4 You may only use the Site if:
a. all registration/subscription information you submit is truthful and accurate;
b. you will maintain the accuracy of such information as listed in paragraph 1.4(a) above;
c. you are 13 years of age or older; and
d. your use does not violate any applicable law or regulation and if you are not legally barred from using such a website.
We may delete your profile and/or terminate your registration/subscription and/or membership without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as being younger.
2. LICENCE
2.1 Subject to the terms of this Agreement, we grant you a limited licence to access and make personal use of this Site, but not to download or modify it, or any portion of it, (other than page caching) except with our express written consent. This licence does not include any resale or commercial use of this Site or its contents; any collection and use of any product/service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
2.2 You are permitted to print and download extracts from the non-registration/subscription areas of this Site for your own use only on the following basis:
a. no documents or related graphics on this Site may be modified in any way;
b. no graphics on this Site may be used separately from the accompanying text or notices; and
c. our copyright and trade mark notices and this permission notice must appear on all copies at all times.
2.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Site (including without limitation photographs and graphical images) other than User Content (as defined in paragraph 4.1 below) are owned by us or our licensors. For the purposes of this legal notice, any use of extracts from this Site other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Site automatically terminates and you must immediately destroy any downloaded or printed extracts from this Site.
2.4 Subject to paragraph 2.1, no part of this Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. You agree not to circumvent, disable or otherwise interfere with, or attempt to do any of the foregoing, with any security related features of the Site including without limitation any feature designed to prevent or limit use or copying of User Content or our Site content or designed to restrict user accessibility on the Site
2.5 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While we endeavour to ensure that this Site is normally available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period.
3.2 Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. USER CONTENT AND CONDUCT
4.1 As a Site user, you may select to upload, transmit and/or post any audio, audio-visual, visual, literary and/or other content to the Site (‘User Content’). You shall own all rights in the User Content but you shall grant to us and our designees a worldwide perpetual irrevocable royalty-free transferable licence on a non-exclusive basis, along with the right to sub-license the same, to use, display, reproduce, distribute, adapt and perform the User Content (and any part thereof) in connection with the Site and/or our business, including but not limited to the promotion and/or redistribution of the Site (or any part thereof) in any media now known or hereinafter created.
4.2 In addition to the rights granted in paragraph 4.1 above, you shall grant each other Site user a worldwide perpetual irrevocable royalty-free licence on a non-exclusive basis to access and view the User Content via the Site and to use, display, distribute, adapt and perform the User Content to the extent permitted by the terms hereof and the mechanics of the Site.
4.3 The licences set out in this clause 4 shall terminate if you remove or delete the relevant User Content from the Site. You hereby represent, warrant and undertake that you have been granted all necessary licences, consents, rights and permissions which are applicable for us to use the User Content as part of the Site. You agree that you will not submit any User Content that are subject to any third party proprietary rights unless you have a formal licence or permission from the rights owner.
4.4 Other than personally identifiable information, which is covered under the Privacy Policy, User Content will be treated as non-confidential and non-proprietary and we will have no obligations with respect to such material.
4.5 It is hereby acknowledged that we shall not assume responsibility for monitoring User Content for inappropriate content and/or conduct but we may reject, refuse to post or delete any User Content for any reason whatsoever, We shall not be held to endorse any User Content or any advice or opinion in the same and you agree that you shall be solely responsible for the User Content you upload, transmit or post to the Site and that we expressly disclaim any and all liability in connection with the same. We reserve the right to investigate and take appropriate legal action against anyone who in our sole discretion violates the terms of this Agreement and/or puts offensive material on as User Content (or any part thereof) and we may remove or delete such offending material. Content that is prohibited from the Site includes without limitation content:
a. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic or contains nudity or a link to an adult website, abusive, liable to incite racial hatred, pertains to harassment or sexual or violent content, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
b. for which you have not obtained all necessary licences and/or approvals;
c. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world
d. that promotes terrorism or propaganda and/or organsations which are unconstitutional or illegal in your country
e. that solicits personal information from anyone under 18 years of age
f. that contains any chilld pornography, fraud, trafficking of any obscene material, drug references or gambling; or
g. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or involves the transmission of ‘junk mail’ or unsolicited mass mailing or ‘phishing’ or ‘spamming’.
4.6 You may not misuse the Site (including, without limitation, by hacking) and are prohibited from using the Site in any way that may be deemed harmful or criminal by us or a third party including without limitation for the purposes of child pornography, ‘grooming’ for underage sexual activity, stalking and/or drug dealing.
4.7 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraphs 4.5 or 4.6.
4.8 You may not advertise any goods or services that you or any third party may provide in any message or bulletin board on the Site, unless you have first asked for and received written consent from us.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 If links to third party websites are provided on this Site, they are provided solely for your convenience. If you use these links, you leave this Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.
5.2 If you would like to link to this Site, you may only do so with our prior written consent and on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:
a. you must not remove, distort or otherwise alter the size or appearance of any logo or similar text or graphic associated with or referring to us or the Site;
b. you must not create a frame or any other browser or border environment around this Site;
c. you must not in any way imply that we and/or the Site are endorsing any products or services other than their own;
d. you must not misrepresent your relationship with us/the Site nor present any other false information about us/the Site;
e. you must not otherwise use any of our/the Site’s trade marks, logos or similar names or graphics displayed on this Site without express written permission from us;
f. you must not link from a website that is not owned by you; and
g. your website must not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 We expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms or otherwise and to take any action it deems appropriate.
5.4 You shall fully indemnify us for any loss or damage suffered by us or any of our associates or group companies for breach of paragraph 5.2.
6. PASSWORDS
6.1 If we decide to give you or allow you to enter a password or similar code for any reason in connection to the Site, then such allowance does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
[7. PAYMENTS
7.1 All payments made on the Site which relate to our products or services from time to time are processed on a secure system using industry-standard, SSL (secure socket layer) encryption or other similar technology.
7.2 All dealings, handling and processing of payments made in relation to third party products or services where you are diverted to a third party website shall be the responsibility of that specific third party website provider and/or any online payment company that it may use. For the avoidance of doubt, where you make a payment in relation to third party products or services outside of the Site in this way, then we shall not be responsible for the dealings, handling or processing of payments on such third party websites and we shall not have any liability whatsoever in such cases.7.3 If you are under the age of 18 in the UK, or the age of majority as applicable from the country in which you reside or use the Site, you shall not be entitled to purchase any paid service or product we may provide from time to time.]
8. DISCLAIMER
8.1 While we endeavour to ensure that the information on this Site is correct, we do not warrant the accuracy and completeness of the material on this Site. We may make changes to the material on this Site, or to the products, services and prices described in it, at any time without notice. The material on this Site may be out of date, and we make no commitment to update such material.
8.2 The material on this Site is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Site.
9. LIABILITY
9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), and any of our group companies or associates and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any way or in connection with the use, inability to use or the results of use of this Site, any websites linked to this Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any websites linked to this Site.
9.2 Nothing in this legal notice shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.4 We are not responsible for any products or services advertised by third party vendors on the Site. The responsibility for such products or services shall solely lie with the respective third party vendor advertising on the Site.
10. CONFIDENTIALITY
10.1 Save as provided for elsewhere in this Agreement and in the Privacy Policy on the Site, or as may be required by law, We shall not disclose to other customers or other third parties data registered on the Site by you and such data will only be used by us in relation to matters concerning the Site andour business.
10.2 We shall keep confidential any bank or credit information which comes to their knowledge as a result of entering into this Agreement.
11. RIGHTS OF THIRD PARTIES
Apart from where specifically stated in this Agreement, this Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, anyone else. No third party shall have any rights or remedies under the Contracts (Rights to Third Parties) Act 1999 in respect of any obligations of either party pursuant to the Agreement.
12. DISCLOSURE OF PERSONAL INFORMATION
12.1 Personal information shall only be disclosed in accordance with the Privacy Policy.
13. FOREIGN JURISDICTIONS & TRANSLATIONS
14.1 The Site is intended to be used in accordance with English law. You hereby acknowledge that the Site may contain references or cross references to goods/services that are not available in your country. We do not represent that all services, content and materials on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Your access to the content, materials and services on the Site from such locations is at your own initiative and we are not responsible for your compliance with local laws or other applicable laws.
14.2 Should the terms of this Agreement be translated into any language other than English, then, in the event of any conflict, the wording of the English version of these terms shall prevail.
15. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
16. CONTACTING US
If you have any questions or wish to contact us for any reason, please write to us:
· by email to Blaise Bellville at Read Platform Ltd [email protected]
· by post at Read Platform Ltd, 3rd Floor, 19 Denmark Street, London WC2H 8NA, UK