Terms and Conditions of Use of kidscapism
1. Terms and Conditions
By agreeing to these terms your use of the website will be governed as set out below. Please note that various terms used below are specifically defined in clause 15. .
2. Exclusions and limitations
Although Kidscapism Ltd will endeavour to exercise reasonable care in managing Kidscapism Kidscapism Ltd draw the following to your attention:
2.1 Kidscapism Ltd do not represent or warrant that use of Kidscapism, or any part of it will be uninterrupted, reliable or fault free.
2.2 To the extent permitted by law, Kidscapism Ltd exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which Kidscapism Ltd or any of my employees or agents may otherwise have to you as a result of:
2.2.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to Kidscapism or any information including but not limited to references on Kidscapism;
2.2.2 the unavailability of the Kidscapism (or any part of it),
2.3.4 any misrepresentation on or relating to the Kidscapism.
2.4.5 any inaccuracy or misrepresentation or inauthenticity in any of the stories posted on Kidscapism.
2.3 You agree that Kidscapism Ltd will have no liability for direct or indirect or consequential losses, loss of data, injury to feelings, distress, upset, anxiety or damage to computer hardware, firmware or software or other property.
2.4 You agree that each of these limitations is reasonable having regard to the nature of Kidscapism.
2.5 None of the exclusions or limitations in this clause 4 shall exclude or restrict my liability for death or personal injury if caused by my negligence.
2.6 None of the above exclusions shall affect any statutory rights which are not capable of being excluded.
2.7 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
4. Links to other sites
Kidscapism Ltd reserve the right to use links, including hypertext links, that will take browsers outside of the Kidscapism website. Links will be provided to further the purpose of Kidscapism but the inclusion of any link does not imply endorsement or approval by me of the linked website, its operator or its content. Kidscapism Ltd am not responsible for the content of any website outside my Kiscapism website.
5. No exploitation of Kidscapism by you
You agree that you will use the stories on Kidscapism only for the personal enjoyment or education of you and your immediate family and that you shall not exploit Kidscapism or any of its contents for any commercial purpose. You may not publish, modify, or distribute, either in whole or part, anything on the Kidscapism website. You may not publish, modify or distribute any story posted on Kidscapism. You may not publish, modify or distribute any story Kidscapism Ltd email or otherwise send to you as part of any subscription services supplied by me.
6. Variations
Kidscapism Ltd reserve the right at any time without notice to revise the content of Kidscapism or to publish it in a different format including a non-electronic format. Kidscapism Ltd reserve the right at any time without notice to revise, modify or replace these terms and conditions. Any changes to these terms and conditions will be posted on the Kidscapism site and by continuing to use Kidcapism following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
7. Credit card security and registration
Kidscapism Ltd give no warranty as to the risk of any person from gaining unauthorised access to your credit card or details in connection with the use of Kidscapism or any information contained on Kidscapism.
8. The use of your information
You agree that Kidscapism Ltd may collect, store, and use information about you in accordance with the Privacy Policy published elsewhere on the Kidscapism website.
9. Copyright
9.1 All rights of the design, text, graphics and other material connected with Kidscapism and the selection or arrangement thereof are the copyright of me or my agents. Any use other than a use authorised by these terms and conditions of materials on Kiscapism (including copying by any means for purposes other than those noted above and alteration, modification, distribution, or replication or publication) without my prior written permission is strictly prohibited.
9.2 You hereby grant to me a perpetual royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in Kidscapism (either in whole or in part or in a modified or edited form) any material you up-load or post to our Site. You acknowledge and agree that such material is not up-loaded or posted subject to any obligation of confidence or any intellectual property rights in favour of any third party.
10. Trade marks
All trade marks, product names and company names or logos used by Kidscapism are my property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
11. Access
Kidscapism Ltd reserve the right in our sole discretion to deny users access to Kidscapism or any part of the Kidscapism website without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
12. Events beyond my control
Kidscapism Ltd will not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing my story-telling or other services through Kidscapism from any event or circumstance beyond my reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
13. Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes. you irrevocably submit to the exclusive jurisdiction of English courts.
14. Severability
The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
15. Definitions
In these terms and conditions:
15.1 'Kidscapism' means my presence on the Internet on which is published under domain name www.kidscapism.com or such other domain names as Kidscapism Ltd may use from time to time.
15.2 ‘Kidscapism Ltd', 'me' and 'my' means Rupert Loader and, where applicable, his , employees and authorised agents;
16. Reminder
All stories published on Kidscapism are copyright of Rupert Loader and Kidscapism Limited.
Kidscapism Ltd. November 2007