Terms and Conditions
IN GENERAL
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the site. Any changes are effective immediately upon posting to the Site. Your continued use of the site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please feel free to contact us.
Your use of this web site (the "Site"), and all information, products and services on the Site (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms").
Any information that Joyce Da’Costa or The JD Writing World Ltd (the "Owners"), collect from you during your use of the Services is subject to our Privacy Policy.
We may update these Terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new features or updated Services that we put on the Site will be subject to these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS BELOW. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, YOU MUST CEASE TO USE THE SITE AND THE SERVICES IMMEDIATELY.
This Site may contain links to Web sites, Web pages and services that are operated by third parties (each a "Third Party Site"). Your use of each Third Party Site is subject to the terms of use, if any, contained within each of the Third Party Sites. The Owners do not endorse the content of any Third Party Site to which it provides a link and cannot accept any responsibility or liability for any content, errors or viruses on or the non-availability of any Third Party Site.
The Owners are pleased to give you access to this Site. However, in order to access the Site, you will need to establish an account with an Internet service provider. You will also need equipment to access the Site, including a computer, modem or other communication device. You agree to pay for all hardware and services costs needed to access the Site and use the Services. The Owners are not responsible for any of these costs.
ACCESS TO THE SITE AND USE OF THE SERVICES
The Site is based and hosted in the United Kingdom. The Site adheres to the laws of the United Kingdom in all its operations.
Except as stated below, the Site and/or Services may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in whole or in part in any form or by any means without the prior express written permission of the Owners. You may not distribute, display or copy any of the Site or the Services to third parties including, but not limited to "caching" any material on the Site for access by third parties and "mirroring" any material on the Site.
You may print or download to disk the contents of an individual page of the Site for the purpose of private and personal non-commercial use. You may also permit your computer to make an electronically stored, transient copy of the content in the Site for the purpose of viewing it while connected to the Internet only. However, you may only make one copy of any content.
If you want to make commercial use of the Site or the Services, please contact the Owners.
COPYRIGHT
The Site and the Services are protected by UK and international copyright, patent, trademarks laws and other intellectual property laws. Unless otherwise specified the copyright in the Services is owned by or licensed to the Owners. Unless otherwise specified, the authors of the literary and artistic works in the pages in this Site have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.
All content available on the site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of Joyce Da’Costa and The JD Writing World Ltd, our affiliates, partners or licensors, and is protected by the United Kingdom and international copyright laws.
The trademarks, logos, and service marks displayed on the site (collectively, the "Trademarks") are the registered and unregistered marks of Joyce Da’Costa and The JD Writing World, our affiliates, partners or licensors, in the United Kingdom and other countries, and are protected by United Kingdom and international trademark laws.
Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent
NO LICENCE GRANTED
Except for allowing you to use the Site and the Services for your personal use as set out above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of the Owners or other organisations with which we are affiliated. You understand that you have no rights to the Services or any other of the Owners property except as we indicate in these Terms.
INDEMNITY
You understand that you are personally responsible for your behaviour while on the Site, and agree to indemnify and hold harmless the Owners and affiliates, and their officers, directors, employees and agents from and against any loss, damage, liability, cost or expense of any kind (including legal costs) that we or they may incur in connection with a third party claim or otherwise, in relation to your use of the Services, access to the Site, and/or your breach of either these Terms or the rights of any third party.
DISCLAIMER OF WARRANTIES
We attempt to be as accurate as possible when describing our products on the site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the site are accurate, complete, reliable, current, or error-free. Information on this Site does not constitute advice and you should not rely on any material the Site or the Services to make (or refrain from making) any decision or take (or refrain from taking) any action. We assume no responsibility for the content of any site included in the index, and shall not be responsible for any errors or omissions contained in the Site. The Site and the Services may contain technical inaccuracies and typographical errors. They may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date. We make no warranty that this Site (or sites which are linked to this site) is free from computer viruses or any other malicious or impairing computer program. The Site and the Services (including third party information, products and content included in or accessible from this Site), are provided "as is" and are subject to change at any time without notice to you. To the fullest extent permitted by law, the Owners disclaim all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the Site and the Services (including third party information, products and content included in or accessible from this Site).
OTHER'S ADVERTISEMENTS
This Site my contain material submitted and created by third parties. The Owners exclude all liability for any illegality arising from or error, omission or inaccuracy in such material. This Site also contains links to other Web sites which are not under the control of and are not maintained by the Owners. The Owners are not responsible for the content of those sites. The Owners provides these links for your convenience only but do not endorse the material on these sites.
PERSONAL ACCOUNT ON THE SITE
You may choose to register at our site. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Joyce Da’Costa and The JD Writing World Ltd’s best interests to do so.
SUBMISSIONS
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
LIMITATION OF LIABILITY
In no event shall the Owners or any of its affiliates or content providers be liable for any damages whatsoever (including death or personal injury), including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of the Site or the Services, even if the Owners have been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
ACCESS RESTRICTIONS; TERMINATION
We can terminate your access to the Site or the Services at any time without cause and without notice to you. We can also change these Terms at any time, without notice, and your continued use of the Services after any change we make will mean that you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
LIMITED LINKING TO OUR SITE
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the site. This limited license does not include the right to:
(i) frame or utilize framing techniques to enclose the site or any portion thereof;
(ii) modify or download the site or content (except caching or as necessary to view the site);
(iii) make any use of the Site or Content other than personal use;
(iv) create any derivative work based upon either the site or content;
(v) collect account information for the benefit of yourself or another party;
(vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or
(vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the site for personal, non-commercial use only. A web site that links to the site
(i) may link to, but not replicate, our content;
(ii) may not imply that we are endorsing such web site or its services or products;
(iii) may not misrepresent its relationship with us;
(iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages;
(v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
(vi) may not use any Trademark; and
(vii) may not link to any page of the site other than the home page.
We may, in our sole discretion, request that you remove any link to the site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the site terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
ENTIRE AGREEMENT
These Terms constitute the entire agreement of the parties and supersede any and all prior and contemporaneous agreements of the parties relating to the subject matter. If any provision of these Terms is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of these Terms, all of which shall remain in full force and effect.
LAW GOVERNING THESE TERMS
Use of this Site and these Terms shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.
JURISDICTION
The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with the Site and/or Services their use and these Terms. Where national regulatory authorities have jurisdiction over the Site or the Services, the Owners have attempted to ensure compliance with the requirements of such regulatory body. However, some of the information in the pages contained on the Site is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in this Site complies with the regulatory regime of countries from which the pages in this Site should not be accessed.
Copyright © 2006 Joyce Da’Costa and The JD Writing World. All worldwide rights reserved.
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