Terms and Conditions
ATTENTION: This legal notice applies to the entire contents of the website at the domain name “www.copyrightprotectionservice.com” (“the Website”) and to any correspondence by e-mail between YouWriteOn.com Limited (“the Company”) and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us or use our services. If you do not accept these terms, do not use the Website. This notice is issued by the Company.
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 The Company may revise this legal notice at any time in its absolute discretion by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 You are permitted to print and download extracts from the Website for your own use or the use of your professional advisors on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) were required, the Company’s copyright and trade mark notices and this permission notice appear in all copies.
2.2 Without prejudice to copyright ownership of the materials you supply to the Company, which shall remain with you and be subject to clause 4 below, the copyright and other intellectual property rights in all other material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. REGISTRATION SERVICES
4.1 In these terms “Service/s” shall mean the service/s provided on the Website by the Company to you for the registration of literary, musical or any other work capable of copyright subsistence, the issue and provision of certification and the duplication of such works or certification to serve as evidence of authorship and/or copyright ownership in cases of dispute.
4.2 The Company shall provide the Services to you subject to these terms and the provisions in clause 1.
4.3 You shall at your own expense supply the Company with the required materials, data or information (“the Materials”) required for the Services to be carried out within good time to enable the Company to perform the Services promptly and in a professional manner. You shall ensure the clarity, accuracy and compatibility of the Materials with the specifications on the Website.
4.4 The information displayed on any certification issued by the Company shall reflect the information that you upload to the Website. The Company shall not be liable for any inconsistencies or inaccuracies on the certification.
4.5 If requested by the Company, you shall supply the Company in the specified form any declaration necessary for the purposes of obtaining any consent or clearance which the Company might be required to obtain by any competent authority to enable it to perform the Services.
4.6 The Company may at any time in its absolute discretion without notifying you make any changes to the Services which are necessary to comply with any applicable technical, industrial or statutory requirements but which do not materially affect the nature or quality of the Services.
4.7 The Company may create back up copies of registered Materials for storage, insurance and data integrity purposes.
5. OTHER MATERIALS AND CONDUCT
5.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.3 You may not misuse the Website (including, without limitation, by hacking).
5.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 5.2 or clause 5.3.
6. YOUR WARRANTIES
6.1 You warrant and accept that:
(a) any materials, data or other information provided by you and its use by the Company for the purpose of providing the Services will not infringe the copyright or other rights of any third party and that you shall indemnify the Company against any loss, damages, costs, expenses or other claims arising from any such infringement;
(b) you are the legal owner of the copyright in the Materials, or that you are acting directly on behalf of and under the authority of the copyright owner of the Materials;
(c) the Materials are suitable for the provision of the Services, and accepts and understands that the Company will not normally be in a position to make any judgment regarding the suitability of the Materials;
(d) the Company acts as an independent witness and the Services are intended to serve as evidence of authorship and/or copyright ownership in cases of dispute over copyright ownership. No guarantee, assurance, warranty or liability whatsoever is given or implied and the responsibility of proving copyright ownership remains with you. The Company will not enter into or be involved in any legal issues or proceedings on your behalf. In the event that you require copies of the Materials or certification of your registration for the purpose of any copyright dispute, you shall obtain the same of your own accord from the download function on the Website.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
7.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Company’s logo or any other logo displayed;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any of the Company’s trade marks displayed on the Website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
7.3 The Company expressly reserves the right to revoke the right granted in clause 7.2 for any breach of these terms and to take any action it deems appropriate.
7.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 7.2.
8.1 Unless otherwise agreed, you shall pay the charges specified on the Website (“the Charges”) and any additional sums agreed between you and the Company for the provision of the Services, or which in the Company’s absolute discretion are required as a result of your instructions, lack of instructions, inaccuracy of the data or information provided, or any other cause attributable to you.
8.2 The Company shall be entitled to vary the Charges in its absolute discretion from time to time, and any such variation will be published on the Website and shall apply to all new transactions.
8.3 If payment of the Charges is not made on the due date the Company shall be entitled, without prejudice to its other rights, to charge interest on the outstanding amount before or after any judgment at the rate if [X]% above the base rate from time to time of Barclays PLC from the due date until the outstanding amount is paid in full. The Company shall also be entitled to refuse any further transactions with or provide any Services to you. The Company shall also be entitled to terminate any registration or Services offered where you have not made full payment, and to charge you for any bank charges as well as reasonable administration charges that may be attributed to your failure to pay.
9.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
9.2 Responsibility for the security of any passwords issued rests with you. The Company shall not be liable whatsoever for any compromise to your registration resulting directly or indirectly from your own actions.
10.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
10.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website and the services provided under the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.
11.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
11.2 The Company shall not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing or any failure to perform the Services or any of the Company’s obligations in relation to the Services if such delay or failure was due to any cause beyond the Company’s control.
11.3 Nothing in this legal notice shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
11.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12. LEGAL ADVICE
If you are a member of the Website you can email the Intellectual Property Team at Silverman Sherliker by the legal query email function on site accessible from the box on the top right hand side of the site. Only queries sent by that legal query form in the format specified on the legal query form can be addressed. If your query is considered as addressed in our frequently asked questions on the site by the legal team then it will be considered as replied to in that instance and you accept it will not receive a personal response. Any legal queries sent by other methods to the site other than by the correct legal query form will not be responded to.
13. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Issue Date: 24th March 2010