Part of
These Terms of Service ("Terms") govern your access to and
use of the services, including our various websites, APIs, email notifications,
applications, buttons, and widgets, (the "Services" or “The Press”),
and any information, text, graphics, photos or other materials uploaded,
downloaded or appearing on the Services (collectively referred to as
"Content"). Your access to and use of the Services are conditioned on
your acceptance of and compliance with these Terms. By accessing or using the
Services you agree to be bound by these Terms.
You are responsible for your use of
the Services, for any Content you post to the Services, and for any
consequences thereof. The Content you submit, post, or display will be able to
be viewed by other users of the Services and through third party services and
websites. You should only provide Content that you are comfortable sharing with
others under these Terms.
You may use the Services only if
you can form a binding contract with IJS Press and its platform service
provider, Ubiquity Press (from now on referred to together as “The Press”) and are not a person barred from receiving
services under the laws of the United Kingdom or other applicable jurisdiction.
If you are accepting these Terms and using the Services on behalf of a company,
organization, government, or other legal entity, you represent and warrant that
you are authorized to do so. You may use the Services only in compliance with
these Terms and all applicable local, state, national, and international laws,
rules and regulations.
The Services that The Press provides
are always evolving and the form and nature of the Services that The Press
provides may change from time to time without prior notice to you. In addition,
The Press may stop (permanently or temporarily) providing the Services (or any
features within the Services) to you or to users generally and may not be able
to provide you with prior notice. We also retain the right to create limits on
use and storage at our sole discretion at any time without prior notice to you.
The Services may include
advertisements, which may be targeted to the Content or information on the
Services, queries made through the Services, or other information. The types
and extent of advertising by The Press on the Services are subject to change.
In consideration for The Press granting you access to and use of the Services,
you agree that The Press and its third party providers and partners may place
such advertising on the Services or in connection with the display of Content
or information from the Services whether submitted by you or others.
Any information that you provide to
The Press is subject to our Privacy Policy, which governs our
collection and use of your information. You understand that through your use of
the Services you consent to the collection and use (as set forth in the Privacy
Policy) of this information, including the transfer of this information to the
United States and/or other countries for storage, processing and use by The
Press. As part of providing you the Services, we may need to provide you with
certain communications, such as service announcements and administrative
messages. These communications are considered part of the Services and your
account with The Press, which you may not be able to opt-out from receiving.
You are responsible for
safeguarding the password that you use to access the Services and for any
activities or actions under your password. We encourage you to use
"strong" passwords (passwords that use a combination of upper and
lower case letters, numbers and symbols) with your account. The Press cannot
and will not be liable for any loss or damage arising from your failure to
comply with the above.
All Content, whether publicly
posted or privately transmitted, is the sole responsibility of the person who
originated such Content. We may not monitor or control the Content posted via
the Services and, we cannot take responsibility for such Content. Any use or
reliance on any Content or materials posted via the Services or obtained by you
through the Services is at your own risk.
We do not endorse, support,
represent or guarantee the completeness, truthfulness, accuracy, or reliability
of any Content or communications posted via the Services or endorse any
opinions expressed via the Services. You understand that by using the Services,
you may be exposed to Content that might be offensive, harmful, inaccurate or
otherwise inappropriate, or in some cases, postings that have been mislabeled
or are otherwise deceptive. Under no circumstances will The Press be liable in
any way for any Content, including, but not limited to, any errors or omissions
in any Content, or any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed, transmitted or otherwise made available via
the Services or broadcast elsewhere.
You retain your rights to any
Content you submit, post or display on or through the Services. By submitting,
posting or displaying Content on or through the Services, you grant us a
worldwide, non-exclusive, royalty-free license (with the right to sublicense)
to use, copy, reproduce, process, adapt, modify, publish, transmit, display and
distribute such Content in any and all media or distribution methods (now known
or later developed).
You agree that this license
includes the right for The Press to provide, promote, and improve the Services
and to make Content submitted to or through the Services available to other
companies, organizations or individuals who partner with The Press for the
syndication, broadcast, distribution or publication of such Content on other
media and services, subject to our terms and conditions for such Content use.
Such additional uses by The Press,
or other companies, organizations or individuals who partner with The Press,
may be made with no compensation paid to you with respect to the Content that
you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content
in order to transmit, display or distribute it over computer networks and in
various media and/or make changes to your Content as are necessary to conform
and adapt that Content to any requirements or limitations of any networks,
devices, services or media.
You are responsible for your use of
the Services, for any Content you provide, and for any consequences thereof,
including the use of your Content by other users and our third party partners.
You understand that your Content may be syndicated, broadcast, distributed, or
published by our partners and if you do not have the right to submit Content
for such use, it may subject you to liability. The Press will not be
responsible or liable for any use of your Content by The Press in accordance
with these Terms. You represent and warrant that you have all the rights, power
and authority necessary to grant the rights granted herein to any Content that
you submit.
The Press gives you a personal,
worldwide, royalty-free, non-assignable and non-exclusive license to use the
software that is provided to you by The Press as part of the Services. This
license is for the sole purpose of enabling you to use and enjoy the benefit of
the Services as provided by The Press, in the manner permitted by these Terms.
All right, title, and interest in
and to the Services (excluding Content provided by users) are and will remain
the exclusive property of The Press and its licensors. The Services are
protected by copyright, trademark, and other laws of both the United Kingdom
and foreign countries. Nothing in the Terms gives you a right to use the The
Press name or any of the The Press trademarks, logos, domain names, and other
distinctive brand features. Any feedback, comments, or suggestions you may
provide regarding The Press, or the Services is entirely voluntary and we will
be free to use such feedback, comments or suggestions as we see fit and without
any obligation to you.
We reserve the right at all times
(but will not have an obligation) to remove or refuse to distribute any Content
on the Services, to suspend or terminate users, and to reclaim usernames
without liability to you. We also reserve the right to access, read, preserve,
and disclose any information as we reasonably believe is necessary to (i)
satisfy any applicable law, regulation, legal process or governmental request,
(ii) enforce the Terms, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical
issues, (iv) respond to user support requests, or (v) protect the rights,
property or safety of The Press, its users and the public.
You may not do any of the following
while accessing or using the Services: (i) access, tamper with, or use
non-public areas of the Services, The Press’s computer systems, or the
technical delivery systems of The Press’s providers; (ii) probe, scan, or test
the vulnerability of any system or network or breach or circumvent any security
or authentication measures; (iii) access or search or attempt to access or
search the Services by any means (automated or otherwise) other than through
our currently available, published interfaces that are provided by The Press
(and only pursuant to those terms and conditions), unless you have been
specifically allowed to do so in a separate agreement with The Press (NOTE:
crawling the Services is permissible if done in accordance with the provisions
of the robots.txt file, however, scraping the Services without the prior
consent of The Press is expressly prohibited); (iv) forge any TCP/IP packet
header or any part of the header information in any email or posting, or in any
way use the Services to send altered, deceptive or false source-identifying
information; or (v) interfere with, or disrupt, (or attempt to do so), the
access of any user, host or network, including, without limitation, sending a
virus, overloading, flooding, spamming, mail-bombing the Services, or by
scripting the creation of Content in such a manner as to interfere with or
create an undue burden on the Services.
The Press respects the intellectual
property rights of others and expects users of the Services to do the same. We
will respond to notices of alleged copyright infringement that comply with
applicable law and are properly provided to us. If you believe that your
Content has been copied in a way that constitutes copyright infringement,
please provide us with the following information: (i) a physical or electronic
signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to locate
the material; (iv) your contact information, including your address, telephone
number, and an email address; (v) a statement by you that you have a good faith
belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and (vi) a statement that the
information in the notification is accurate, and, under penalty of perjury,
that you are authorized to act on behalf of the copyright owner. We reserve the
right to remove Content alleged to be infringing without prior notice, at our
sole discretion, and without liability to you. In appropriate circumstances, The
Press will also terminate a user’s account if the user is determined to be a
repeat infringer. To notify us of alleged copyright infringement appearing on
the Services please contact: support@ubiquitypress.com
The Terms will continue to apply
until terminated by either you or The Press as follows. You may end your legal
agreement with The Press at any time for any reason by deactivating your
accounts and discontinuing your use of the Services. You do not need to
specifically inform The Press when you stop using the Services. If you stop
using the Services without deactivating your accounts, your accounts may be
deactivated due to prolonged inactivity.
We may suspend or terminate your
accounts or cease providing you with all or part of the Services at any time
for any reason, including, but not limited to, if we reasonably believe: (i)
you have violated these Terms, (ii) you create risk or possible legal exposure
for us; or (iii) our provision of the Services to you is no longer commercially
viable. We will make reasonable efforts to notify you by the email address
associated with your account or the next time you attempt to access your
account.
In all such cases, the Terms shall
terminate, including, without limitation, your license to use the Services,
except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11,
and 12. Nothing in this section shall affect The Press’s rights to change,
limit or stop the provision of the Services without prior notice, as provided
above in section 1.
Please read this section carefully
since it limits the liability of The Press and its parents, subsidiaries,
affiliates, related companies, officers, directors, employees, agents,
representatives, partners, and licensors (collectively, the “The Press
Entities”). Each of the subsections below only applies up to the maximum extent
permitted under applicable law. Some jurisdictions do not allow the disclaimer
of implied warranties or the limitation of liability in contracts, and as a
result the contents of this section may not apply to you. Nothing in this
section is intended to limit any rights you may have which may not be lawfully
limited.
Your access to and use of the
Services or any Content are at your own risk. You understand and agree that the
Services are provided to you on an "AS IS" and "AS
AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted
under applicable law, THE PRESS ENTITIES DISCLAIM ALL WARRANTIES AND
CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Press Entities make no warranty
and disclaim all responsibility and liability for: (i) the completeness,
accuracy, availability, timeliness, security or reliability of the Services or
any Content; (ii) any harm to your computer system, loss of data, or other harm
that results from your access to or use of the Services or any Content; (iii)
the deletion of, or the failure to store or to transmit, any Content and other
communications maintained by the Services; and (iv) whether the Services will
meet your requirements or be available on an uninterrupted, secure, or
error-free basis. No advice or information, whether oral or written, obtained
from the The Press Entities or through the Services, will create any warranty
not expressly made herein.
The Services may contain links to
third-party websites or resources. You acknowledge and agree that the The Press
Entities are not responsible or liable for: (i) the availability or accuracy of
such websites or resources; or (ii) the content, products, or services on or
available from such websites or resources. Links to such websites or resources
do not imply any endorsement by the The Press Entities of such websites or
resources or the content, products, or services available from such websites or
resources. You acknowledge sole responsibility for and assume all risk arising
from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE PRESS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES,
WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL,
OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR
INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY
THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT
OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF
YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE
PRESS ENTITIES EXCEED THE GREATER OF ONE HUNDRED BRITISH POUNDS (GBP £100.00)
OR THE AMOUNT YOU PAID THE PRESS, IF ANY, IN THE PAST SIX MONTHS FOR THE
SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION
SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT,
STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE THE
PRESS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND
EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE.
The failure of The Press to enforce
any right or provision of these Terms will not be deemed a waiver of such right
or provision. In the event that any provision of these Terms is held to be
invalid or unenforceable, then that provision will be limited or eliminated to
the minimum extent necessary, and the remaining provisions of these Terms will
remain in full force and effect.
These Terms and any action related
thereto will be governed by the laws of the United Kingdom without regard to or
application of its conflict of law provisions or your state or country of
residence. All claims, legal proceedings or litigation arising in connection
with the Services will be brought solely in the courts located in the United
Kingdom, and you consent to the jurisdiction of and venue in such courts and
waive any objection as to inconvenient forum.
If you are a federal, state, or
local government entity in the United States using the Services in your
official capacity and legally unable to accept the controlling law,
jurisdiction or venue clauses above, then those clauses do not apply to you.
For such U.S. federal government entities, these Terms and any action related
thereto will be governed by the laws of the United States of America (without
reference to conflict of laws) and, in the absence of federal law and to the
extent permitted under federal law, the laws of the State of California
(excluding choice of law).
These Terms and our Privacy Policy are the entire and
exclusive agreement between The Press and you regarding the Services (excluding
any services for which you have a separate agreement with The Press that is
explicitly in addition or in place of these Terms), and these Terms supersede
and replace any prior agreements between The Press and you regarding the
Services. Other than members of the group of companies of which The Press Ltd.
is the parent, no other person or company will be third party beneficiaries to
the Terms.
We may revise these Terms from time
to time, the most current version will always be at https://ijs.ubiquitypress.com//site/t-and-c.
If the revision, in our sole discretion, is material we will notify you via
e-mail to the email associated with your account. By continuing to access or
use the Services after those revisions become effective, you agree to be bound
by the revised Terms.
These Services are operated and
provided by IJS Press in conjunction with Ubiquity Press, Unit 3.22, East London Works, 65-75 Whitechapel Road, E1 1DU, United Kingdom. If you have any questions about these Terms,
please contact us.