dashpoetry.com
Terms of Use
(1) Introduction
These terms of use govern your use of dashpoetry.com; by using dashpoetry.com,
you accept these terms of use in full. If you disagree with these terms of use
or any part of these terms of use, you must not use dashpoetry.com.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights
in dashpoetry.com and material on dashpoetry.com. Subject to the licence below,
all these intellectual property rights are reserved. Guest Poets retain full
intellectual property rights over their own work.
You may view, download for caching purposes only, and print pages [or [OTHER
CONTENT]] from dashpoetry.com for your own personal use, subject to the
restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from dashpoetry.com (including republication on another
website);
(b) sell, rent or sub-license material from dashpoetry.com;
(c) show any material from dashpoetry.com in public;
[(d) reproduce, duplicate, copy or otherwise exploit material on dashpoetry.com
for a commercial purpose;]
[(e) edit or otherwise modify any material on dashpoetry.com; or]
[(f) redistribute material from dashpoetry.com [except for content specifically
and expressly made available for redistribution [(such as our newsletter)].]
[Where content is specifically made available for redistribution, it may
only be redistributed [within your organisation].]
(3) Acceptable use
You must not use dashpoetry.com in any way that causes, or may cause, damage
to dashpoetry.com or impairment of the availability or accessibility of dashpoetry.com;
or in any way which is unlawful, illegal, fraudulent or harmful, or in connection
with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use dashpoetry.com to copy, store, host, transmit, send, use, publish
or distribute any material which consists of (or is linked to) any spyware,
computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious
computer software.
You must not conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and data
harvesting) on or in relation to dashpoetry.com without our express written
consent.
[You must not use dashpoetry.com to transmit or send unsolicited commercial
communications.]
[You must not use dashpoetry.com for any purposes related to marketing without
our express written consent.]
[(4) Restricted access
[Access to certain areas of dashpoetry.com is restricted.] We reserve the right
to restrict access to [other] areas of dashpoetry.com, or indeed the whole of
dashpoetry.com, at our discretion.
If we provide you with a user ID and password to enable you to access restricted
areas of dashpoetry.com or other content or services, you must ensure that that
user ID and password is kept confidential.
[We may disable your user ID and password in our sole discretion without notice
or explanation.]
[(5) User generated content
In these terms of use, your user content means material (including
without limitation text, images, audio material, video material and audio-visual
material) that you submit to dashpoetry.com, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence
to use, reproduce, adapt, publish, translate and distribute your user content
in any existing or future media. You also grant to us the right to sub-license
these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third
party's legal rights, and must not be capable of giving rise to legal action
whether against you or us or a third party (in each case under any applicable
law).
You must not submit any user content to dashpoetry.com that is or has ever been
the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to dashpoetry.com,
or stored on our servers, or hosted or published upon dashpoetry.com.
[Notwithstanding our rights under these terms of use in relation to user content,
we do not undertake to monitor the submission of such content to, or the publication
of such content on, dashpoet.com.]
(6) Limited warranties
Whilst we endeavour to ensure that the information on dashpoetry.com is correct,
we do not warrant its completeness or accuracy; nor do we commit to ensuring
that dashpoetry.com remains available or that the material on dashpoetry.com
is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations,
warranties and conditions relating to dashpoetry.com and the use of dashpoetry.com
(including, without limitation, any warranties implied by law of satisfactory
quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations of liability
Nothing in these terms of use (or elsewhere on dashpoetry.com) will exclude
or limit our liability for fraud, for death or personal injury caused by our
negligence, or for any other liability which cannot be excluded or limited under
applicable law.
Subject to this, our liability to you in relation to the use of dashpoetry.com
or under or in connection with these terms of use, whether in contract, tort
(including negligence) or otherwise, will be limited as follows:
[(a) to the extent that dashpoetry.com and the information and services on dashpoetry.com
are provided free-of-charge, we will not be liable for any loss or damage of
any nature;]
(b) we will not be liable for any consequential, indirect or special loss or
damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated
savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or
events beyond our reasonable control;
(e) our maximum liability in relation to any event or series of related events
will be limited to £100.00.
(8) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses,
damages, costs, liabilities and expenses (including without limitation legal
expenses and any amounts paid by us to a third party in settlement of a claim
or dispute on the advice of our legal advisers) incurred or suffered by us arising
out of any breach by you of any provision of these terms of use[, or arising
out of any claim that you have breached any provision of these terms of use].
(9) Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach
these terms of use in any way, we may take such action as we deem appropriate
to deal with the breach, including suspending your access to dashpoetry.com,
prohibiting you from accessing dashpoetry.com, blocking computers using your
IP address from accessing dashpoetry.com, contacting your internet service provider
to request that they block your access to dashpoetry.com and/or bringing court
proceedings against you.
(10) Variation
We may revise these terms of use from time-to-time. Revised terms of use will
apply to the use of dashpoetry.com from the date of the publication of the revised
terms of use on dashpoetry.com. Please check this page regularly to ensure you
are familiar with the current version.
(11) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations
under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or
obligations under these terms of use.
(12) Severability
If a provision of these terms of use is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions
will continue in effect. If any unlawful and/or unenforceable provision would
be lawful or enforceable if part of it were deleted, that part will be deemed
to be deleted, and the rest of the provision will continue in effect.
(13) Exclusion of third party rights
These terms of use are for the benefit of you and us, and are not intended
to benefit any third party or be enforceable by any third party. The exercise
of our and your rights in relation to these terms of use is not subject to the
consent of any third party.
(14) Entire agreement
These terms of use [, together with our privacy policy,] constitute the
entire agreement between you and us in relation to your use of dashpoetry.com,
and supersede all previous agreements in respect of your use of dashpoetry.com.
(15) Law and jurisdiction
These terms of use will be governed by and construed in accordance with
English law, and any disputes relating to these terms of use will be subject
to the [non-]exclusive jurisdiction of the courts of England and Wales.
[(16) Registrations and authorisations
dashpoet is a Registered Trade Mark, registered with the Great Britain
and Northern Ireland Trade Mark Registry, No. 2453130.
(17) Our details
Trade Name: dashpoet
Contact Details: Mark Shepherd, Three Steps, 19 Landermere Road, Thorpe-le-Soken,
Essex, UK, CO16 0LG
You can contact us by email to mark@dashpoetry.com
These website terms of use are based on a template
created by HYPERLINK "http://www.website-contracts.co.uk/"Website-contracts.co.uk
and distributed by HYPERLINK "http://www.website-law.co.uk/"Website-law.co.uk.