Parragon

TERMS OF USE OF WEBSITE (www.parragon.com.au)

1. RESTRICTIONS ON USE OF WEBSITE

(a) This website (“Site”) is provided on behalf of Parragon Books Limited of 15-17 Trim Street, Bath BA1 1HA, U.K (“Parragon”,”us”, “we” or “our” (as context requires)).  By accessing or using this Site, you agree to the terms and conditions of this Terms of Use Agreement (which also includes Parragon’s Online Privacy Policy) (together, “this Agreement”). If you do not agree with this Agreement, please do not use this Site. We reserve the right, at our own discretion, to update and modify this Agreement at any time, and by accessing the Site you agree to be bound by and comply with any such updates and modifications.

(b) If you have any questions about this Agreement or wish to contact us by e-mail please use the following address:  uk_info@parragon.com

(c) By registering, submitting or otherwise providing us with your Personal Information (as that term is defined in the Online Privacy Policy), including by posting to or participating in bulletin boards, forums, blogs, user profiles, social media or any areas of the Site, you confirm that either: (i) you are 18 years of age or older; or (ii) if you are younger than 18 years of age you have the consent of a parent or legal guardian to do those things. We may terminate your access to the Site without warning if we believe, in our sole discretion, that the confirmation you have given us is untrue.

(d) PARRAGON DOES NOT ACCEPT THE SUBMISSION OF UNSOLICITED MANUSCRIPTS VIA THIS SITE, NOR DO WE ACCEPT RESPONSIBILITY FOR ANY SUCH SUBMISSIONS.

(e) You acknowledge that you are responsible for all material and information you submit or post on the Site, including, but not limited to, materials posted on any bulletin boards, forums, blogs or other public areas of the Site.

(f) While using the Site, you must not use the Site for any unlawful purpose, including posting, transmitting or otherwise distributing any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyrights or any other rights of others, or damaging to software or hardware. You may not advertise or solicit on the Site without our express written consent.

(g) You acknowledge that the ideas, information or other materials posted to the Site do not necessarily reflect the views of Parragon and are the responsibility of the users who post them.

(h) We reserve the right to (or not to) monitor, review, edit or delete any material that we deem, in our sole discretion, to be inappropriate, offensive or otherwise in violation of the any of the provisions of this Agreement.

(i) NOTWITHSTANDING THE ABOVE, TO THE EXTENT PERMITTED BY LAW, PARRAGON EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THE SITE OR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM THE USE THEREOF OTHER THAN AS SET OUT UNDER IN PARAGRAPH 2.

(j) Parragon reserves the right to change or discontinue any aspect or feature of the Site at any time.

(k) If you believe that any material on the Site breaches this Agreement or otherwise infringes any of your rights, please notify us by e-mail to: uk_info@parragon.com

2. LIMITATION OF LIABILITY

THE AUSTRALIAN CONSUMER LAW AND SIMILAR COMMONWEALTH, STATE AND TERRITORY LEGISLATION IN AUSTRALIA CONFER WARRANTIES, RIGHTS AND REMEDIES ON CONSUMERS (“CONSUMER GUARANTEES”) WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED.  SUBJECT TO THOSE CONSUMER GUARANTEES, TO THE EXTENT PERMITTED BY LAW:

3. INDEMNITY

You agree to defend, indemnify and hold Parragon and its employees, officers, directors and shareholders, as well as its parent, subsidiaries, affiliates and agents (and their respective employees, officers, directors and shareholders) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or arising out of your use of this Site including, but not limited to, Communications (as that term is defined in paragraph 4(a) below) you submit on this Site. Technology, hosting and other services for aspects of this Site may be provided by Parragon’s service providers.  By participating in this Site you also agree to defend, indemnify and hold Parragon’s service providers harmless on all matters related to your participation with this Site and your interaction with others using it.

4. LICENSE TO PARRAGON

(a) By posting messages, sending e-mails, inputting data, answering questions, uploading data or files or otherwise communicating with Parragon via the Site (each a “Communication”), you are granting Parragon (and its successors and assigns) a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to:

(b) You also grant each user of the Site a non-exclusive license to access your Communication through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform the Communication as permitted through the functionality of the Site and under this Agreement. We and/or our service providers may maintain copies of any Communication.

(c) In addition to the text in paragraph 4(a) above, if you have any moral rights (or similar rights) in respect of a Communication submitted by you, you irrevocably consent to us using that Communication from time to time in any way we wish (even if that use is contrary to your moral rights) including making material alterations to them and exploiting them with or without attribution.

(d) With respect to any Communication you make, you warrant and represent that:

(e) For the avoidance of doubt, we do not guarantee any confidentiality with respect to any Communication.

5. LINKS TO OTHER WEBSITES

(a) This Site may contain links to websites that are run and maintained by third parties. Parragon is not responsible, nor shall it be held liable for, the content, services or products provided on these websites, nor for the practices of any such third party. This Agreement applies solely to this Site and you should always review the terms and conditions of any other website that you access through a link from this Site.

(b) In addition to the text in the previous paragraph, if this Site contains any advertisements, those advertisements are not recommendations or endorsements by Parragon and Parragon is not responsible for the products and/or services being advertised.  You should refer to the relevant advertiser for all information regarding the advertiser and its products and/or services.

6. CONTENT OF SITE

Unless otherwise indicated, as between you and Parragon, all content appearing on this Site is the property of Parragon and is protected, without limitation, by Australian and/or foreign copyright, trademark and other intellectual property laws. The information and materials, including text, images, audio, video, computer code and software, appearing on this Site are presented for your non-commercial, personal use only. Copying these materials for anything other than your personal use is a violation of copyright and other applicable laws. You may not reproduce, duplicate, distribute or modify in any way any materials available on this Site without written permission from Parragon. If you access this material outside Australia, you are responsible for compliance with local laws.

7. COPYRIGHT AND INTELLECTUAL PROPERTY

Parragon complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers.  If you believe that your work has been copied and made available on this Site in a manner that would constitute copyright infringement, please provide the following information in writing to our designated agent:

Parragon’s designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Attn: Julian Massie
Parragon Books Ltd
Chartist House
15-17 Trim Street
Bath, UK
BA1 1HA

By phone: Tel +44 (0) 1225 478888
By email: uk_info@parragon.com

Upon receipt of proper notification, Parragon will remove any material found to be infringing the rights of any person or entity.

8. TERMINATION

In addition (and without limitation) to any other remedies provided to Parragon under this Agreement, Parragon or Parragon’s service providers may terminate your access to the Site if, in our, or our service provider’s sole opinion, you are considered to be in breach of this Agreement or any one or more of your Communications have been removed from the Site. If you believe that a user of this Site has committed copyright, trademark or other infringement, please contact Parragon’s designated agent as described above and provide relevant documentation.

9. MISCELLANEOUS

(a) Failure by Parragon to enforce any right under this Agreement is not a waiver of that right, nor does it prevent subsequent exercise of that right.

(b) If any provision of this Agreement is deemed unlawful, void or unenforceable, whether in whole or in part, the remaining provisions hereof shall continue in full force and effect.

(c) You acknowledge that your use of the Site is subject to the laws of Australia and you agree to submit to the exclusive jurisdiction of the courts of Australia. If you do not understand what any of the provisions in this Agreement mean, we advise you to obtain independent legal advice.

LAST UPDATED: June 2016

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Sorry if this seems a bit nosy. By law we have to ask for your date of birth to check that you are over 12 years old. If you’re 12 or under please ask a parent or guardian to do this bit for you. Thanks very much.

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