This Legal Notice applies to the entire contents of our website (www.bookdrum.com) (the “Site”), which is owned and operated by Book Drum Limited (“we”, “us”, “our”) Please read this Legal Notice carefully before accepting the terms of this Legal Notice and using the Site. By clicking to accept the terms of this Legal Notice or visiting or using the Site and/or any content or materials available on the Site you signify that you have read, understand and agree to be bound by the terms of this Legal Notice. If you do not agree to the terms of this Legal Notice, do not use the Site and do not click to accept this Legal Notice.
1.1 While we endeavour to ensure that the information on our Site is correct and we will exercise reasonable skill and care in providing the Site, we do not warrant the accuracy, completeness, currency or reliability of the Site or the Site Content (as defined below). Any commentary and information is not intended to amount to advice and you should not rely on it without seeking independent advice for your circumstances. We may make changes to the Site, the Site Content, or to any services and products described in it, at any time without notice. The Site and Site Content may be out of date, and we make no commitment to update such material.
1.2 Therefore, the Site and all Site Content provided through it are provided on an "as is" basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). We do not warrant or make any representations that the Site and the Site Content will meet your requirements nor that your use of the Site or the Site Content will not infringe the rights of any third party nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise. Therefore, we advise you to check any Site Content as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
1.3 Some Site Content is provided by third parties (“Third Party Content”). We are not responsible or liable in any manner for any Third Party Content that is uploaded, posted, published, displayed, transmitted, shared or otherwise made available on the Site nor for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content that any user may encounter on or in connection with any Third Party Content on the Site. Furthermore, we are not able to guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Third Party Content.
1.4 We do not warrant that the Site, the Site Content or any function or feature on the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
1.5 If you think that any Site Content (including any Third Party Content) infringes any Rights (as defined below) or is defamatory, libellous, obscene or otherwise unlawful or likely to give rise to liability, please notify us as soon as possible by contacting us at firstname.lastname@example.org. Please provide your address, telephone number, and e-mail address when sending the notice to us. You acknowledge that we do not actively monitor the Site but if, in our reasonable opinion, having received a complaint or otherwise, reasonably believe that any material infringes any Rights or is defamatory, libellous, obscene or otherwise unlawful or likely to give rise to liability, Book Drum has the right to remove any such material without further notice and such removal will be without any admission as to liability and without prejudice to any other of Book Drum’s rights and remedies.
2. Links to and from other websites
2.1 This Site may contain links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any such site which you may access through this Site or any services or products that they may provide. Without limiting the foregoing, these sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising, products or services available from such sites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any products or services available on such sites or for any transactions, dealings or arrangements that you may have, or the consequences of such transactions, dealings or arrangements with such third party site operators.
2.2 If you choose to access a site beyond our control, you do so at your own risk. You agree that any use of any such third party site may be subject to your acceptance of additional terms and conditions of a third party. You agree that any transactions, dealings or arrangements that you have with such third party site operator (including without limitation buying any products or services) shall be direct with such third party on the terms and conditions (if any) of the third party and not with us. You hereby agree that we are not liable in any way in relation to such transactions, dealings or arrangements and you hereby waive any claim you might have against us with respect to such sites. Any arrangements made between you and any such third parties are at your sole risk and responsibility.
2.3 From time to time third parties may link to our Site without our express consent or knowledge. We are not responsible in any way for any transactions, dealings or arrangements which you may have with these unauthorised sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to us or our users please let us know.
3. Site Access
3.1 While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason if the Site is unavailable at any time or for any period.
3.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. Limitation of Liability
4.1 Nothing in this Legal Notice shall exclude or limit our liability for: (a) death or personal injury caused by our negligence; or (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or (c) any liability which cannot be excluded or limited under applicable law.
4.2 You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk.
4.3 Subject to paragraph 4.1, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect); in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the Site or the Site Content (including without limitation any Third Party Content); (ii) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; or (iii) any use of or reliance upon the Site, Site Content (including, without limitation, the Third Party Content) or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
4.4 Without limiting the effect of clause 4.3, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.
4.5 Please note that laws applicable in your country of residence may not allow certain limitations or exclusions of liability therefore some of the above limitations or exclusions may not apply to you.
You agree to indemnify, keep indemnified, defend and hold us and our parent companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your use of the Site, the Site Content (including, without limitation, any Third Party Content) or any other services provided through the Site, your conduct in connection with the Site, the Site Content or services provided or with other users of the Site, any purchases, transactions, dealings or arrangements with any third party made via the Site or any violation of any law or the rights of any third party.
6. Property Rights and Rights of Use
6.1 For the purposes of this Legal Notice, “Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), rights in goodwill and rights to bring a claim for passing off, unfair competition rights, rights in performances, database rights and moral rights, rights subsisting in inventions, designs, drawings and computer programs (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world and, in each case, all equivalent forms of protection which subsist now or which subsist in the future.
6.2 All Rights in and to the Site and any content and materials contained in the Site, excluding any Third Party Content, but including (without limitation) any text, photographs, information, pictures, graphics, images, diagrams, videos, audios, music, software, applications and the compilation, style, composition, appearance, lay out, design and typographical arrangement of the same or of any Third Party Content (“Site Content”) are owned by and shall remain owned by us or our licensors. You may view, download and print one copy of the Site Content subject to the following conditions:
(a) the Site and Site Content may only be used for your personal, non-commercial purposes;
(b) the Site Content shall not be reproduced or included in any other work or publication in any medium;
(c) the Site Content may not be modified, copied, altered, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part;
(d) you may not remove any copyright or other proprietary notices contained in any Site Content;
(e) you may not link to the Site Content in a published ebook without the written permission of Book Drum Ltd.
6.3 Save as expressly permitted herein, any copying, reproduction, modification, distribution, sale or any other use of any Site Content for any purpose shall be an infringement of our Rights.
6.4 In the event that you download any Site Content from the Site, you own the medium on which the Site Content is recorded but we do not transfer title to such Site Content to you and we retain full and complete title to the Site Content at all times, and all Rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Site Content to eye-readable form.
7.1 If any clause or part of a clause of this Legal Notice is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from this Legal Notice. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of this Legal Notice.
7.2 This Legal Notice is governed by the laws of England and Wales and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.