Terms and conditions of use
1. Introduction
1.1 These
terms and conditions shall govern your use of our website.
1.2 By
using our website, you accept these terms and conditions in full; accordingly,
if you disagree with these terms and conditions or any part of these terms and
conditions, you must not use our website.
1.3 If
you submit any material to our website, we will ask you to expressly agree to these terms and
conditions.
1.4 You
must be at least [13] years of age to use our website; and by using our website
or agreeing to these terms and conditions, you warrant and represent to us that
you are at least [13] years of age.
1.5 Our
website uses cookies; by using our website or agreeing to these terms and
conditions.
2. Credit
2.1 This
document was created using a template from SEQ
Legal (http://www.seqlegal.com).
3. Copyright notice
3.1 Copyright
(c) [2016] [System Break Comics].
3.2 Subject
to the express provisions of these terms and conditions:
(a) we,
together with our licensors, own and control all the copyright and other
intellectual property rights in our website and the material on our website;
and
(b) all
the copyright and other intellectual property rights in our website and the
material on our website are reserved.
4. Licence to use website
4.1 You
may:
(a) view
pages from our website in a web browser;
(b) download
pages from our website for caching in a web browser;
(c) print
pages from our website;
subject
to the other provisions of these terms and conditions.
4.2 Except
as expressly permitted by Section 4.1 or the other provisions of these terms
and conditions, you must not download any material from our website or save any
such material to your computer.
4.3 You
may only use our website for [your own personal and business purposes], and you
must not use our website for any other purposes.
4.4 Except
as expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on our website.
4.5 Unless
you own or control the relevant rights in the material, you must not:
(a) republish
material from our website (including republication on another website);
(b) sell,
rent or sub-license material from our website;
(c) show
any material from our website in public;
(d) exploit
material from our website for a commercial purpose; or
(e) redistribute
material from our website.
4.6 Notwithstanding
Section 4.5, you may redistribute [our newsletter] in [print and electronic
form] to [any person].
4.7 We
reserve the right to restrict access to areas of our website, or indeed our
whole website, at our discretion; you must not circumvent or bypass, or attempt
to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You
must not:
(a) use
our website in any way or take any action that causes, or may cause, damage to
the website or impairment of the performance, availability or accessibility of
the website;
(b) use
our website in any way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or
activity;
(c) use
our website 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;
(d) conduct
any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to our website without our express written consent;
(e) [access
or otherwise interact with our website using any robot, spider or other
automated means;]
(f) [violate
the directives set out in the robots.txt file for our website; or]
(g) [use
data collected from our website for any direct marketing activity (including
without limitation email marketing, SMS marketing, telemarketing and direct
mailing).]
5.2 You
must not use data collected from our website to contact individuals, companies
or other persons or entities.
5.3 You
must ensure that all the information you supply to us through our website, or
in relation to our website, is [true, accurate, current, complete and
non-misleading].
6. Your content: licence
6.1 In
these terms and conditions, "your content" means all works and
materials (including without limitation text, graphics, images, audio material,
video material, audio-visual material, scripts, software and files) that you
submit to us or our website for storage or publication on, processing by, or
transmission via, our website.
6.2 You
grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to
[use, reproduce, store, adapt, publish, translate and distribute your content
in any existing or future media / reproduce, store and publish your content on
and in relation to this website and any successor website / reproduce, store
and, with your specific consent, publish your content on and in relation to
this website].6.3 You grant to us the
right to sub-license the rights licensed under Section 6.2.
6.4 You
grant to us the right to bring an action for infringement of the rights
licensed under Section 6.2.
6.5 You
hereby waive all your moral rights in your content to the maximum extent
permitted by applicable law; and you warrant and represent that all other moral
rights in your content have been waived to the maximum extent permitted by
applicable law.
6.6 Without
prejudice to our other rights under these terms and conditions, if you breach
any provision of these terms and conditions in any way, or if we reasonably
suspect that you have breached these terms and conditions in any way, we may
delete, unpublish or edit any or all of your content.
7. Your content: rules
7.1 You
warrant and represent that your content will comply with these terms and
conditions.
7.2 Your
content must not be illegal or unlawful, must not infringe any person's legal
rights, and must not be capable of giving rise to legal action against any
person (in each case in any jurisdiction and under any applicable law).
7.3 Your
content, and the use of your content by us in accordance with these terms and
conditions, must not:
(a) be
libellous or maliciously false;
(b) be
obscene or indecent;
(c) infringe
any copyright, moral right, database right, trade mark right, design right,
right in passing off, or other intellectual property right;
(d) infringe
any right of confidence, right of privacy or right under data protection
legislation;
(e) constitute
negligent advice or contain any negligent statement;
(f) constitute
an incitement to commit a crime[, instructions for the commission of a crime or
the promotion of criminal activity];
(g) be
in contempt of any court, or in breach of any court order;
(h) be
in breach of racial or religious hatred or discrimination legislation;
(i) be
blasphemous;
(j) be
in breach of official secrets legislation;
(k) be
in breach of any contractual obligation owed to any person;
(l) [depict
violence[ in an explicit, graphic or gratuitous manner];]
(m) [be
pornographic[, lewd, suggestive or sexually explicit];]
(n) [be
untrue, false, inaccurate or misleading;]
(o) [consist
of or contain any instructions, advice or other information which may be acted
upon and could, if acted upon, cause illness, injury or death, or any other
loss or damage;]
(p) [constitute
spam;]
(q) [be
offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social,
menacing, hateful, discriminatory or inflammatory; or]
(r) [cause
annoyance, inconvenience or needless anxiety to any person.]
8. Limited warranties
8.1 We
do not warrant or represent:
(a) the
completeness or accuracy of the information published on our website;
(b) that
the material on the website is up to date; or
(c) that
the website or any service on the website will remain available.
8.2 We
reserve the right to discontinue or alter any or all of our website services,
and to stop publishing our website, at any time in our sole discretion without
notice or explanation; and save to the extent expressly provided otherwise in
these terms and conditions, you will not be entitled to any compensation or
other payment upon the discontinuance or alteration of any website services, or
if we stop publishing the website.
8.3 To
the maximum extent permitted by applicable law and subject to Section 12.1, we
exclude all representations and warranties relating to the subject matter of
these terms and conditions, our website and the use of our website.
9. Limitations and exclusions of liability
9.1 Nothing
in a contract under these terms and conditions will:
(a) limit
or exclude any liability for death or personal injury resulting from
negligence;
(b) limit
or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit
any liabilities in any way that is not permitted under applicable law; or
(d) exclude
any liabilities that may not be excluded under applicable law.
9.2 The
limitations and exclusions of liability set out in this Section 12 and
elsewhere in a contract under these terms and conditions:
(a) are
subject to Section 12.1; and
(b) govern
all liabilities arising under that contract or relating to the subject matter
of that contract, including liabilities arising in contract, in tort (including
negligence) and for breach of statutory duty, except to the extent expressly
provided otherwise in that contract.
9.3 To
the extent that our website and the information and services on our website are
provided free of charge, we will not be liable for any loss or damage of any
nature.
9.4 We
will not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.
9.5 We
will not be liable to you in respect of any business losses, including (without
limitation) loss of or damage to profits, income, revenue, use, production,
anticipated savings, business, contracts, commercial opportunities or goodwill.
9.6 We
will not be liable to you in respect of any loss or corruption of any data,
database or software.
9.7 We
will not be liable to you in respect of any special, indirect or consequential
loss or damage.
9.8 You
accept that we have an interest in limiting the personal liability of our
officers and employees and, having regard to that interest, you acknowledge
that we are a limited liability entity; you agree that you will not bring any
claim personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
10. Breaches of these terms and conditions
10.1 Without
prejudice to our other rights under these terms and conditions, if you breach
these terms and conditions in any way, or if we reasonably suspect that you
have breached these terms and conditions in any way, we may:
(a) send
you one or more formal warnings;
(b) temporarily
suspend your access to our website;
(c) permanently
prohibit you from accessing our website;
(d) block
computers using your IP address from accessing our website;
(e) contact
any or all of your internet service providers and request that they block your
access to our website;
(f) commence
legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend
or delete your account on our website.
10.2 Where
we suspend or prohibit or block your access to our website or a part of our
website, you must not take any action to circumvent such suspension or
prohibition or blocking (including without limitation creating and/or using a
different account).
11. Variation
11.1 We
may revise these terms and conditions from time to time.
11.2 [The
revised terms and conditions shall apply to the use of our website from the
date of publication of the revised terms and conditions on the website, and you
hereby waive any right you may otherwise have to be notified of, or to consent
to, revisions of these terms and conditions. / We will give you written notice
of any revision of these terms and conditions, and the revised terms and
conditions will apply to the use of our website from the date that we give you
such notice; if you do not agree to the revised terms and conditions, you must
stop using our website.]
11.3 If
you have given your express agreement to these terms and conditions, we will
ask for your express agreement to any revision of these terms and conditions;
and if you do not give your express agreement to the revised terms and
conditions within such period as we may specify, we will disable or delete your
account on the website, and you must stop using the website.
12. Assignment
12.1 You
hereby agree that we may assign, transfer, sub-contract or otherwise deal with
our rights and/or obligations under these terms and conditions.
12.2 You
may not without our prior written consent assign, transfer, sub-contract or
otherwise deal with any of your rights and/or obligations under these terms and
conditions.
13. Severability
13.1 If
a provision of a contract under these terms and conditions is determined by any
court or other competent authority to be unlawful and/or unenforceable, the
other provisions will continue in effect.
13.2 If
any unlawful and/or unenforceable provision of a contract under these terms and
conditions 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.
14. Third party rights
14.1 A
contract under these terms and conditions is for our benefit and your benefit,
and is not intended to benefit or be enforceable by any third party.
14.2 The
exercise of the parties' rights under a contract under these terms and
conditions is not subject to the consent of any third party.
15. Entire agreement
15.1 Subject
to Section 12.1, these terms and conditions, together with [our privacy and
cookies policy], shall constitute the entire agreement between you and us in
relation to your use of our website and shall supersede all previous agreements
between you and us in relation to your use of our website.
16. Our details
16.1 This
website is owned and operated by Daniel
Vianney Arvind A.S.
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