1. RESTRICTIONS ON USE OF WEBSITE
(b) If you have any questions about this Agreement or wish to contact us by e-mail please use the following address: firstname.lastname@example.org
(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: email@example.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:
- (i) PARRAGON WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THIS SITE;
- (ii) PARRAGON DOES NOT MAKE ANY, AND DISCLAIMS ALL, REPRESENTATIONS, GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE INFORMATION AND MATERIALS APPEARING ON THE SITE, WHICH IS PROVIDED “AS IS”; THAT THIS SITE OR ITS CONTENTS WILL BE VIRUS-FREE OR ERROR-FREE; THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED; OR THAT THE SITE WILL ALWAYS BE ACCESSIBLE; AND
- (iii) UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PARRAGON BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND/OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR FOR ANY MATERIALS CONTAINED HEREIN WHETHER SUCH DAMAGES OR EXPENSES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES..
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:
- (i) display, sublicense, adapt, transmit, copy and exploit such Communication, including for commercial purposes;
- (ii) edit, adapt, modify, change, add to and detract from any such Communication;
- (iii) to use such Communication for any purpose, including commercial purposes. The foregoing grant shall include the right to exploit any proprietary rights in such Communication including, but not limited to, rights under trademark, copyright, servicemark or patent laws in any relevant jurisdiction.
(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:
- (i) you own the necessary licenses, rights, consents and permissions with respect thereto to enable inclusion and use of the Communication in the manner contemplated by the Site and this Agreement;
- (ii) you have the written consent, release and/or permission of each and every identifiable individual person in the Communication to use the name or likeness of each and every such person to enable inclusion and use of the Communication in the manner contemplated by the Site and this Agreement; and
- (iii) any Communication you submit does not infringe or violate the rights of any third-party or otherwise infringe any law.
(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:
- (i) an electronic or physical signature of the owner of the copyright or other intellectual property interest, or of the person authorized to act on their behalf;
- (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
- (iii) a description of where the material that you claim is infringing is located on the Site;
- (iv) your address, telephone number, and email address;
- (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
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
15-17 Trim Street
By phone: Tel +44 (0) 1225 478888
By email: firstname.lastname@example.org
Upon receipt of proper notification, Parragon will remove any material found to be infringing the rights of any person or entity.
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.
(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