Terms and conditions

final logo jan 2015

Terms and Conditions

1. Introduction
In making use of the Members area you agree to abide by any and all of the following terms and conditions governing use of the Website (“Acceptable Use Policy”)

2. Acceptable Use Policy
You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others.

All material in the Members page and any material sent to you by e-mail or any other form (“the content”) belongs to us or our licensors. You may retrieve and display content on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your personal, non-commercial use.

We own the copyright and all other intellectual property rights associated with the content, save where otherwise stated.

Except as specifically stated in these terms, you may not do any of the following without prior written permission from us:

  • Reproduce, modify or in any way commercially exploit any of the content;
  • Redistribute any of the content (including by using it as part of any library, archive or similar service);
  • Create a database in electronic or structured manual form by systematically downloading and storing all and any of the content.
  • You acknowledge that Tales Toolkit is a trademark and that you may not use it without the written permission of Kate Shelley.

You agree not to:

  • Impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications;
  • Modify, access or make available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
  • Damage, interfere with or disrupt access to the Website or do anything which may interrupt or impair their functionality;
  • Save as authorised in these terms, make any commercial or business use of the Members page or resell or commercially benefit from any part or aspect of the Members page;
  • Publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
  • Threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
  • Make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software;
  • Falsify the true ownership of software or other material or information contained in files made available via the Members page;
  • Obtain or attempt to obtain unauthorised access, through whatever means, to the Members page, other services or computer systems or areas of our or any of our networks which are identified as restricted;
  • Set up links to the Members area without express written permission from Kate Shelley.

We retain the absolute right to prevent you from accessing the Members area, without prejudice to any of our accrued rights, where we in our sole discretion consider that you are contravening our Acceptable Use Policy or any other aspect of these terms.

3. Registration

Where the Website requires that you register in order to use it, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate.

Any other person sharing your user name and password;

Access through a single user name and password being made available to multiple users on a network.

When you register to use the Website, you will be obliged to click on an icon indicating that you have read, understood and accepted these terms and conditions. You will not be allowed to register unless you indicate your acceptance of these terms and any other terms and conditions that may apply.

4. Liabilities

You agree that we have no control over third party content and information which can be accessed using the Members area and that we do not examine or edit the use to which you or others put the Website or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information.

You furthermore agree to indemnify us in the manner set out below in these terms in relation to your use in any way of the Website.

We reserve the right to remove any information/material we deem to be in breach of any of these terms without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.

We take all such steps as are reasonably necessary to provide a fast and reliable service, but exclude to the fullest extent permitted by law any liability for the security of the services on the Website or for any disruption of the Members area however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer systems.

We provide the Members area on an “as is” basis and make no representations or warranties of any kind as to the Website or the content. We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the Website. Any liability, however it occurs, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

5. Indemnity

You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Website and/or a breach of the Acceptable Use Policy and/or any of these terms.

6. Software and Security

We are not responsible for any technical or other issues that may arise if you download software from external third party website (eg Acrobat Reader) or upgrade your browser software to enhance your usage of the Website.

7. Changes to these Terms and Conditions

We reserve the right to make changes to any part of the members area. Due to our policy of updating and improving the Website, it may therefore be necessary to change these terms.

In the event that we change the terms, we will notify you by providing a clear link within the relevant Website to the detailed changes. If you use the Website after we have published or notified you of the changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by them, you should not use the Website.

8. Termination

We may terminate the provision of the members area or restrict your access to them without any prior notice to you where (by way of example and without limitation): (1) there is a regulatory or statutory change limiting our ability to provide the members area; (2) any event beyond our reasonable control prevents us from continuing to provide the members area (for example, without limitation, technical difficulties, capacity problems and communications failures); or (3) we consider in our sole discretion that you are abusing the services provided by the members area or are otherwise acting in breach of these terms.

9. Additional Services

These terms shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms.

For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of your country of residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.

10. Choice of law and Jurisdiction

Your dealings with any third parties, in particular advertisers and/or merchants, through the services provided by the members area and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in these terms in relation to such dealings.

11. General

You may not assign, sub-license or otherwise transfer any of your rights under these terms. If any part of these terms and conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these terms, this will not be taken to mean that they have been waived.

12. Contact

If you have any queries concerning any part of these terms and the privacy and e-mail policies contained in them, please contact us.

13. Data Protection

Tales Toolkit will only use any personal data collected during your use of this website in accordance with current UK data protection legislation.