1 . ACCEPTANCE OF TERMS
1.2 Other terms may also apply to your use of the Website, including:
1.2.1 Our Privacy Notice, which sets out information on how we may use your personal data;
1.2.2 Our Terms of Sale, which sets out the terms that apply if you purchase something from the Website; and
2. WHO WE ARE AND HOW TO CONTACT US
The Website is operated by Hachette UK Limited (“we”, “us”, “our”). We are registered in England under company number 2020173 and have our registered office at Carmelite House, 50 Victoria Embankment, London, England, EC4Y 0DZ. Our VAT number is GB205505305.
3. CHANGES TO THE WEBSITE AND THESE TERMS
3.1 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted.
3.2 We reserve the right to:
3.2.1 change or remove (temporarily or permanently) the Website or any part of it without notice. We will try to give you reasonable notice of any major changes. We will not be liable to you for any such change or removal; and
3.2.2 change these terms at any time. Your continued use of the Website following any changes will be deemed to be your acceptance of such changes.
4. WEBSITE CONTENTS
4.1. The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
4.2 Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
5. LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of those websites and you acknowledge that we are not responsible for the content or availability of any such sites.
6. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
6.1 If you register for an account on the Website, you must keep your username, password and any other piece of information used as part of our security procedures confidential. You must not disclose them to any third party.
6.3 If you know or suspect that anyone other than you knows your username or password, you must promptly notify us.
7. COPYRIGHT AND TRADE MARKS
7.1 All copyright and all other intellectual property rights in the Website and its content (including without limitation the Website’s design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to us or otherwise used by us as permitted by law.
7.2 In accessing the Website, you agree that you will access the content 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 from the Website for personal, non-commercial, home use only.
7.3 You are not permitted to use our trade marks or trading names without our approval.
8. RULES ABOUT LINKING TO THE WEBSITE
8.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not create a link to any part of the Website other than the home page.
8.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.3 You must not establish a link to the Website in any website that is not owned by you.
8.4 The Website must not be framed on any other site.
8.5 We reserve the right to withdraw linking permission without notice.
8.6 If you wish to link to or make any use of content on the Website other than as set out above, please contact us.
9. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
9.1 We do not guarantee that the Website will be secure or free from bugs or viruses.
9.2 You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
9.3 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
10. USER GENERATED CONTENT
10.1 You may submit material for publication in comment areas of the Website. We accept no liability in respect of any material submitted by any user and published by us and we are not responsible for its content or accuracy.
10.2 In submitting material to us for publication you agree to be bound by the following terms of acceptable use (“Terms of Acceptable Use”):
10.2.1 Publication of any material you submit will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication;
10.2.2 You grant to us a non-exclusive, perpetual, royalty-free, worldwide licence to copy, sublicense, adapt, create derivative works from, republish and in any way distribute in any format any material (including, but not limited to print and electronic format) that you submit to us. You waive any and all moral rights in relation to the material you submit, including but not limited to your right to be identified as the author of such content and your right to object to derogatory treatment of it;
10.2.3 You will not submit any material which is intended to or which might upset others or which is unlawful, obnoxious, indecent, profane, harassing, derogatory or rude;
10.2.4 You will not submit any material that is promotional or commercial in nature;
10.2.5 You will not submit personal information about another person or make attempts to solicit personal information from anyone;
10.2.6 You warrant that any material that you submit will be relevant to the content in respect of which it is submitted;
10.2.7 You warrant that any material that you submit to us is your own original work and that you own the copyright and any other relevant rights in it;
10.2.8 You warrant that any material that you submit to us is not obscene, offensive, defamatory of any person or a misuse of private information, and that it does not constitute hate speech against an identifiable group and is not otherwise illegal;
10.2.9 You warrant that you are aware that if you disclose personal information in content that you provide to public forums on the Website including bulletin boards and other comment or review functions, then that information can be collected and used by others and may result in unsolicited messages from third parties.
10.2.10 You acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liability, claims, costs, loss or damage (including indirect and consequential loss) that we incur as a result of publishing material that you submit to us; and
10.2.11 We reserve the right to remove your access to individual services completely if we believe you are not complying with these Terms of Acceptable Use or Terms and Conditions. Where appropriate, we reserve the right to report your details to the applicable law enforcement agencies.
10.3 If you believe that material has been published on the Website that does not comply with the Terms of Acceptable Use, please email us at email@example.com and include details of why you think the material breaches the Terms of Acceptable Use.
11. COMPETITIONS AND PRIZE DRAWS
The Website may contain or offer competitions, prize draw or other promotions, which may be governed by additional terms (“Additional Terms”). Additional Terms may contain eligibility requirements and will feature on the Website alongside the relevant competition, prize draw or promotion. It is your responsibility to read those Additional Terms to determine whether your participation, registration or entry will be valid and to determine the requirements upon you in connection with the competition, prize draw or promotion. Unless expressly stated otherwise, all competitions, prize draws and promotions shall be governed by the laws of England, and the English courts shall have exclusive jurisdiction.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 The Website is provided on an “as is” and “as available” basis, without any representation or endorsement and without any warranty of any kind, whether express or implied, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
12.2 To the maximum extent permitted by law, we will not be liable for any direct or indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with use of the Website.
12.3 Nothing in these terms will be construed to exclude or limit our liability for death or personal injury as a result of our negligence or that of our employees or agents.
You agree to indemnify and hold us and our employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses incurred in relation to any claims or actions brought against us arising out of any breach by you of these terms.
If any of these terms are held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then the affected term(s) will be severed and the remaining terms will survive and remain in full force and effect and continue to be binding and enforceable.
15 INTERNATIONAL USE
Those who choose to access the Website from locations outside the United Kingdom do so on their own initiative and are responsible for compliance with English laws.
16 GOVERNING LAW
These terms will be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.