Terms and Conditions
Please note that you ("the Contributor") cannot submit any material to us ("Bibliofaction
Publishing Limited") without accepting these Terms and Conditions of Use (“Terms”).
Please read these Terms carefully.
Bibliofaction Publishing Limited aims to be, in all its activities, an ethically
run company. This stems from the personal convictions of the directors that there
is a way of using the resources we have been given, and of treating the people with
whom we share the planet other than that widely found in society. It is also their
conviction that a profitable business does not have to have a negative impact on
the world in which it operates, and can, conversely, be a force for good.
Bibliofaction Publishing Limited ("We", "Us") owns and operates the online creative
writing website bibliofaction.com and bibliofaction.co.uk (our "Site"), on which
we provide a fun and friendly way for you to showcase your creative writing (your
“Work”) across the world, provide feedback to others’ work, chat in the Biblioforum
and various other services (our site and such services, collectively, our "Service").
Your use of our Service is subject to the following Terms. We reserve the right
to make changes to these Terms at any time. Your continued use of our Service constitutes
your acceptance of such changes. Accordingly, you should re-read these terms now
and again so that you are aware of any such changes, though We will endeavour to
highlight any major changes on our corporate site, which can be found at www.bibliofactionpublishing.com
1. User Conduct
A. In your use of our Service, you agree to act responsibly in a manner demonstrating
the exercise of good judgment. For example and without limitation, you agree not
to: (a) violate any applicable law or regulation, (b) infringe the rights of any
third party, including without limitation, intellectual property, privacy, publicity
or contractual rights, (c) use the information available through our Service for
any unauthorised purpose, (d) interfere with or damage our Service, including, without
limitation, through the use of viruses, cancel bots, Trojan horses, harmful code,
flood pings, denial of service attacks, packet or IP spoofing, forged routing or
electronic mail address information or similar methods or technology, (e) use our
Service to transmit, distribute, post or submit any information concerning any other
person or entity, including without limitation, photographs of others, personal
contact information or credit, debit, calling card or account numbers, (f) use our
Service in connection with the distribution of unsolicited commercial email ("Spam")
or advertisements, (g) "stalk" or harass any other user of our Service, (h) collect
or store any information about any other user other than in the course of the permitted
use of our Service, (i) use our Service for any commercial purpose whatsoever, (j)
enter into any obligation with any third party which conflicts with these Terms
or (k) assist any third party in doing any of the foregoing.
B. In your use of our Service, you agree to abide by and regularly consult the editorial guidelines
.
C. You are solely responsible for your interactions with other users of our Service.
We will not be responsible for any damage or harm resulting from your interactions
with other users of our Service. We reserve the right, but have no obligation, to
monitor interactions between you and other users of our Service and take any other
action in good faith to restrict access to or the availability of any material that
we or another user of our Service may consider to be obscene, lewd, lascivious,
filthy, excessively violent, harassing or otherwise objectionable.
2. Privacy
We may collect certain other personal information from you such as your name, age,
gender, postal address, telephone number, e-mail address, credit card information,
or other information that can be used to contact you or identify you as an individual.
For example, we collect this information when you register for membership, sign
up for e-mail newsletters and purchase products or services.
We also collect other anonymous information such as your IP address, the type of
browser you use, the pages on our sites that you have visited, and the advertisements
that you have clicked on. Your personally identifiable information is linked to
this anonymous information.
Like many internet sites, we also use “cookies” to collect information. A cookie
is a small data file that we transfer to your computer and is stored on your hard
drive. When you visit our Site the cookie identifies your computer to us so that
you do not have to re-register each time you visit. We may also use cookies to measure
the traffic to our Site and the use of different services and features of the Sites.
Advertisers that appear on the Site may place cookies on your computer and their
use of the information stored on those cookies is subject to their own privacy policies.
You should visit their sites to learn about their information practices. Advertisers
or other companies do not have access to Bibliofaction Publishing Limited’s cookies.
In most cases, we do not intentionally transfer your information to unaffiliated
third parties without your consent. However, we reserve the right to transfer such
information without your consent to prevent an emergency, to protect or enforce
our rights, to protect or enforce the rights of a third party or in response to
a court order or subpoena as otherwise required or permitted by law. In addition,
we provide this personal information to third-party service providers who help us
maintain our Service and deliver information and services to you and other users
of our Service.
3. Minors
We do not intend that children will use our Service. We do not solicit or knowingly
collect information from people under 18 years old, nor will we accept registration
from them. The use of our Service is intended for individuals aged 18 years or older.
4. User Content
A. By submitting any Work (including without limitation, your photograph) to our
Site, you hereby grant us a non-exclusive licence to publish this Work on the Site
for the legal term of copyright in the UK. You may terminate this licence agreement
with one (1) month’s notice to Bibliofaction Publishing Limited. Notice should be
delivered by email or post. In the case of email, this notice will be deemed to
have been received on receipt of an electronic confirmation of delivery to the Contributor
by Us. In the case of post, this notice will be deemed to have been received on
receipt of an acknowledgement by Us, either by post or electronically.
B. You are solely responsible for any content that you submit, post or transmit
via our Service. You agree not to post or submit any content that: (a) is libellous,
defamatory or slanderous, (b) contains sexually explicit content, (c) may denigrate
any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise,
(d) exploits images or the likeness of individuals under 18 years of age, (e) encourages
or otherwise depicts glamorised drug use (including alcohol and cigarettes), (f)
makes use of offensive language or images, (g) characterises violence as acceptable,
glamorous or desirable, or (h) has any claim pending or threatened in respect of
it.
C. We reserve the right, but have no obligation, to monitor and control the content
you may upload. You acknowledge that you are solely responsible for all content
you upload to our Site. We have no obligation to publish any content that the Contributor
or anyone else submits. In addition, we may, in our sole and unfettered discretion,
edit, reclassify, or delete any content that you post or submit.
D. The Contributor acknowledges that a Work submitted to Bibliofaction Publishing
Limited will be subject to criticism and review both by Bibliofaction.com on the
Site and by users of the Site. We reserve the right to publish any criticism and
review of the Work at our discretion and cannot guarantee that such criticism or
review will be constructive. If the Contributor is likely to take offence at certain
criticism or review We suggest that the Contributor should not submit the Work to
Us.
5. Credit
The contributor reserves the right to be identified as the owner of all works submitted
to this Site. Bibliofaction Publishing Limited shall endeavour to accord the Contributor
an appropriate credit should the Work be published on the Site.
6. Payment
The Contributor acknowledges that the Contributor shall not receive payment from
Us in respect of any Work published on the Site or provided through our Service.
7. Third Party Content
In your use of our Service, you may access content from third parties ("Third Party
Content"), either via our Service or through links to third party web sites. We
do not control Third Party Content and make no representations or warranties about
it. You agree that by using our Service, you may be exposed to Third Party Content
that is false, offensive, indecent or otherwise objectionable. Under no circumstances
will we be liable in any way for any Third Party Content, including, without limitation,
any errors or omissions in any Third Party Content or any loss or damage of any
kind incurred as a result of the use of any Third Party Content posted, stored or
transmitted via our Service. You agree that you must evaluate, and bear all risks
associated with Third Party Content, including without limitation, profiles of other
users of our Service.
8. Propriety Rights
A. You agree that all content and materials available on our Site are protected
by rights of publicity, copyright, trademarks, service marks, patents, trade secrets
or other proprietary rights and laws. Except as expressly authorised by us, you
agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit or create derivative works
from materials or content available on our Site. Notwithstanding the above, you
may use the content and materials on our Site in the course of your normal, personal,
non-commercial use of our Service.
B. You agree not to systematically retrieve data or other content or any materials
from our Site to create or compile, directly or indirectly, a collection, compilation,
database, directory or the like, whether by manual methods, through the use of "bots"
or otherwise. You agree not to use of any of our trademarks as metatags on other
web sites. You agree not to display any of our Site in a frame (or any of our content
via in-line links) without our express written permission, which may be requested
by contacting us at
or in writing. You may, however, establish ordinary links to the homepage of our
Site without our written permission, though we would expect a courtesy email to
let us know where the Site is being linked from.
9. Username and Password
You will select a username and password when completing the registration process.
You are solely and fully responsible for maintaining the confidentiality of your
username and password, and are solely and fully responsible for all activities that
occur under your username and password. You agree to: (a) immediately notify us
of any unauthorised use of your username and password or any other breach of security
and (b) ensure that you log off from your account at the end of each session. We
cannot and will not be liable for any loss or damage arising from your failure to
comply with this Section.
10. Termination
You agree that we, in our sole and unfettered discretion, may terminate your access
to our Service for any reason whatsoever, including, without limitation, your breach
of these Terms. You agree that any termination of your access to our Service may
be effected without prior notice, and acknowledge and agree that we may immediately
deactivate or delete any of your accounts and all related information and files
in such accounts and/or bar any further access to such files or our Service. Further,
you agree that we will not be liable to you or any third party for any termination
of your access to our Service.
11. Discontinuance of Service
We reserve the right at any time to modify or discontinue, temporarily or permanently,
any portion of our Service with or without prior notice. You agree that we will
not be liable to you or to any third party for any modification or discontinuance
of our Service.
12. Representations and Warranties
You hereby represent and warrant to us that: (a) you have the full power and authority
to enter into and perform under these Terms, (b) your use of our Service will not
infringe the copyright, trademark, right of publicity or any other legal right of
any third party, (c) you will comply with all applicable laws in using our Service
and in engaging in all other activities arising from, relating to or connected with
these Terms, including, without limitation, contacting other users of our Service
and (d) you own or otherwise have all rights necessary to license the content you
submit and that the publishing, posting and use of your Work by us will not infringe
or violate the rights of any third party.
13. Disclaimer of Warranties
YOU AGREE THAT:
A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY INFORMATION THAT YOU
MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR
SERVICE WILL MEET YOUR EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT
WILL NOT BE DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE
WILL BE CORRECTED.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO
SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY
LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US
OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THESE TERMS.
14. LIMITS ON LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY
TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION
PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM OUR SERVICE, (C) DISCLOSURE OF, UNAUTHORISED ACCESS
TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE
PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE OR (E) ANY OTHER MATTER ARISING FROM,
RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS
OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL,
INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS,
TERRORISM, LABOUR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE
OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO
PROCURE SUPPLIES OR MATERIALS.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER
ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE
SUM OF TWO HUNDRED (£200) POUNDS STERLING.
15. Law
These Terms will be governed by English law and any dispute arising under these
terms and conditions will be dealt with non-exclusively by the English courts.
16. Severability
If any part or parts of these terms of service are held to be legally invalid or
unenforceable, the remaining provisions of the terms of service shall continue to
apply with the offending part or parts removed.
17. Our Business Details & Address
Bibliofaction Publishing Limited
30 Pinebank
Hindhead
Surrey
GU26 6SS.
Telephone. + 44 (0) 20 8133 8193
Email