Terms and conditions
1. Introduction
These Terms and Conditions are applicable to all the Users of Tailored Texts Website, regardless of whether they are just visitors or active contributors.
Tailored Texts offers and manages the Tailored texts Website from its facilities in the United Kingdom. Tailored Texts makes no representations that the Tailored Texts Website is appropriate or available for use in other locations. Those who access or use the Tailored Texts Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Any claim or dispute between the User and Tailored Texts that arises in whole or in part from the Tailored Texts Website shall be decided exclusively by a court of competent jurisdiction located in the United Kingdom.
By visiting and/or using this website (referred herein as "Website", "Tailored Texts Website" or "site"), the User (hereafter referred to as "the User", "you" or "they") agrees to the privacy terms located here and these Terms and Conditions.
2. Use of the Tailored Texts Website
a) Tailored Texts gives the User authorisation to access and use the Tailored Texts Website on the following conditions:
- your usage conforms to these Terms and Conditions;
- you will use the Tailored Texts Website for personal, non-commercial means;
- you will by no means copy nor distribute any of the Tailored Texts Website without having first sought and received Tailored Text’s written permission; and
- there will be no modification of the Tailored Texts Website except in a way which is explicitly permitted within the framework of reasonable usage, as outlined in these Terms and Conditions.
b) Users consent to not using or activating any type of automated system, which includes without limitation, "spiders," "robots," "offline readers," etcetera., that would be deployed to access the Tailored Texts Website and would send more requests to the Tailored Texts servers within a specific time period than any human might be expected, within reason, to send in the equivalent period of time with the use of a standard on-line internet browser. In spite of this, Tailored Texts hereby grants permission to all operators of search engines available publicly to deploy spiders in order to duplicate content from the Website in order to make searchable indexes of the site’s content publicly available, but not including archives or caches of aforementioned materials. The User accepts that Tailored Texts may revoke such exceptions in all or in individual cases. The User agrees to not collect nor harvest any information from the Website which could lead to personal identification of individuals, including (not exclusively) account names, nor to employ the various means of communication offered by the site for any kind of commercial purposes.
c) It is necessary to sign up and create a User account in order to gain access to certain features of the website. When signing up, you must supply correct information to the best of your knowledge. You are exclusively responsible for any activity on your User account and it is the User’s responsibility to ensure the keep their account password safe. You must inform Tailored Texts straight away of any security problems relating to your account. You accept that Tailored Texts cannot be liable for any losses resulting from unlawful usage of your account, although you, the User, may well be liable for any losses of Tailored Texts or others resulting from such unlawful use.
d) It is in no cases acceptable for you to use or exploit another User’s account without their written permission.
3. Intellectual Property & User Contributions
Users may post entries, comments, blurb and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Tailored Texts reserves the right (but not the obligation) to remove or edit such content, and does its best to regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant tailored Texts and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, modify, reproduce, publish, translate, create derivative works from, distribute, and display such content throughout the world in any form or via any media. The aforementioned license granted by the User ends as soon as they have removed or deleted what they submitted from the site, except that Tailored Texts is given express permission by the User to reproduce it in any form for promotional purposes even if the submission has been previously removed from the public website.
You, the User, grant Tailored Texts and its associates and sublicensees the right to associate the account name that you submit during registration with such content. You represent and warrant that you own or otherwise control all of the rights (e.g. you have the necessary permissions, licenses, consent) to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tailored Texts or its associates for all claims resulting from content you supply.
All content located on the Tailored Texts website, minus any content added by Users, including (not exclusively) the text, scripts, photos, software, graphics and any other features (referred to hereafter as "content") and any service marks, trademarks and logos found on the website (referred to hereafter as "marks"), are the property of, or have been legally licensed to, Tailored Texts subject to all rights pertaining to intellectual property under UK. law (and any other applicable foreign laws or international conventional) but also subject to copyright law in the UK.
The Website’s content must not be copied, used, distributed, reproduced, broadcast, displayed, licensed or in any other way exploited for commercial or non-commercial reasons without prior written authorisation having first been sought and received from the Website owners. Tailored Texts reserves all those rights pertaining to the site and its content which have not been expressly granted herein.
If, for personal use, the User downloads or prints out any of the Website’s Content, they must ensure that they keep and display all notices pertaining to copyright and propriety contained therein. What’s more, the User agrees to not interfere or circumvent in any way features designed to offer security to the Tailored Texts Website and, in particular, any features that do not allow or limit the usage or copying of the Website’s Content.
4. Content of User Contributions
You, the User, accept that by using the Tailored Texts Website, you will inevitably come across all sorts of User contributions and that these may not be accurate, useful, moral and may, potentially, infringe some rights pertaining to intellectual property. Furthermore, you may be exposed to some contributions that are simply wrong, offensive and immoral. You hereby accept that Tailored Texts is harmless to the maximum extent allowed by UK law with regard to such matters. In addition, you agree that you will do all you can to report any such behaviour as it is detrimental to the Tailored Texts Community. Finally, in cases where they may be some form of illegal activity (e.g. plagiarism, infringed intellectual property), you agree to immediately notify Tailored Texts either by email or by using the features built into the website (the "report" or "flag" feature).
5. Copyright infringement by Users
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you should contact Tailored Texts' copyright agent, David Sheppard, in writing at 9a Lucas Road, High Wycombe, Bucks, HP13 6QG, England. You will need to submit a notification pursuant to the EU Copyright Directive ("EUCD") by providing our Copyright Agent with the following information in writing (see ‘Directive 2001/29/EC of the European Parliament’ for further detail):
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section 5, your EUCD notice may not be valid.
6. Third Party Websites
The Tailored Texts Website allows for the display of links to third party websites that are neither owned nor controlled by Tailored Texts. Tailored Texts therefore takes no responsibility for, nor has any control over privacy policy, content or activities of external websites. By using the site, all Users therefore accept that Tailored Texts is excluded from any liability which might arise from the access of external websites. Nonetheless, we will do our best to verify the validity and relevance of all links although we can offer no guarantee over any third party website’s content. We therefore encourage all Users to be conscious of this fact upon leaving the Tailored Texts Website and to ensure that you have read the Terms and Conditions and all documents concerning privacy of any website that you visit.
7. Warranty Disclaimer & Limitation of Liability
THIS SITE IS PROVIDED BY TAILORED TEXTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TAILORED TEXTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT ANY USAGE OF THIS SITE IS DONE AT YOUR OWN RISK. TAILORED TEXTS DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW. TAILORED TEXTS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TAILORED TEXTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TAILORED TEXTS, ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR AGENTS, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY NATURE ARISING FROM THE USAGE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE WEBSITE, INCLUDING AS APPLICABLE ANY DAMAGES RESULTING FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE, OR THE CONTENT CONTAINED THEREIN, INCLUDING YOUR POSTING, TRANSMITTING OR DISTRIBUTING CONTENT, OR ANY INTERRUPTIONS OR ERRORS RELATED THERETO, IN ANY MANNER WHATSOEVER, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT TAILORED TEXTS IS MADE AWARE OF THE EXISTENCE OF POSSIBLE DAMAGES. THE AFOREMENTIONED RESTRICTION OF LIABILITY WILL BE APPLIED TO THE MAXIMUM EXTENT ALLOWED BY THE LAW OF THE RELEVANT JURISDICTION. IN PARTICULAR, YOU ACKNOWLEDGE THAT TAILORED TEXTS WILL NOT BE HELD LEGALLY RESPONSIBLE FOR ANY USER CONTRIBUTIONS NOR THE OFFENSIVE, LIBELLOUS OR ILLEGAL BEHAVIOUR OF ANY OTHER USERS, AND THAT ALL RISK OF DAMAGE OR HARM FROM THE AFOREMENTIONED REMAINS WITH YOU, IN ENTIRETY. TAILORED TEXTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TAILORED TEXTS WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TAILORED TEXTS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
8. Indemnity
You, the User, consent to defend, compensate and hold to be harmless Tailored Texts from/against all losses, damages, costs and claims resulting from your usage of the Tailored Texts Website, your contributions or any violation of the Terms and Conditions herein.
9. Other
- The Terms and Conditions found herein, and any/all rights or licenses granted on this site, must not be assigned or transferred by you, although they can be assigned or transferred by Tailored Texts without restriction.
- The Terms and Conditions found herein, in conjunction with the notice pertaining to Privacy found here in addition to all other notices made available by Tailored Texts on the site which concern legal matters will form the whole agreement between you, the User, and Tailored Texts with regard to the Tailored Texts Website.
- If a single provision of the Terms found herein is declared to be void by a legally competent court, the rendering invalid of such a provision will have no effect whatsoever on the legal validity of any remaining provisions found herein. Furthermore, a failure by Tailored Texts to assert a right or a provision found herein will by no means amount to the relinquishing of such a right or a provision.
- Tailored Texts reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Tailored Texts Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised Terms.
- YOU AND TAILORED TEXTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TAILORED TEXTS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.