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Terms and Conditions

TERMS OF WEBSITE USE
1. INTRODUCTION
2. WHO ARE WE?
3. SOME DEFINITIONS
4. USING OUR SITE
5. PASSWORDS
6. RELIANCE ON INFORMATION
7. OUR LIABILITY
8. AVAILABILITY
9. CHANGES TO OUR SITE
10. INFORMATION YOU SUBMIT TO US USING OUR SITE
11. YOUR RIGHTS AS A CONSUMER
12. LINKS TO OUR SITE
13. LINKS FROM OUR SITE
14. ADVERTISING AND SPONSORSHIP
15. INTELLECTUAL PROPERTY
16. TRADE MARKS
17. SECURITY AND COMPATIBILITY
18. DATA PROTECTION AND OUR PRIVACY POLICY
19. CHANGES TO THESE TERMS
20. SEVERABILITY
21. EVENTS BEYOND OUR CONTROL
22. DOWNLOADS
23. THIRD PARTY RIGHTS
24. JURISDICTION
25. CONTACTING US

1. INTRODUCTION
1.1. These Terms, together with our Acceptable Use Policy, tell you the terms of use on which You may make use of Our Site , whether as a guest or as a registered user. Please read them carefully. They are important.
1.2. These Terms take effect immediately on Your first use of the Site. By continuing to access and use the Site you agree to be legally bound by these Terms.
1.3. You are also responsible for ensuring that all persons who access Our Site through Your internet connection are aware of these Terms, and that they comply with them.
1.4. If you do not agree to these Terms, please refrain from using Our Site.

2. WHO ARE WE?
2.1. We are THENEVERENDINGSTORY LIMITED, a company with limited liability and registered in England and Wales with a company registration number 05449349. Our company’s registered office address is at Unit 2, A1 Parkway, Southgate, Peterborough, Cambridgeshire, PE2 6YN
2.2. We are registered for VAT with the registration number 05449349.

3. SOME DEFINITIONS
3.1. In these Terms, the following words bear the following meanings:
Contentinformation, text, data, graphics, photographs, illustrations, artwork, names, logos, icons, trademarks, service marks and information about Us and Our areas of business and general information as contained within the Site
Deep LinksA hypertext link which take visitors into a particular page on a Site whilst bypassing the homepage of that Site
Destructive Featurescomputer viruses, worms, Trojan Horses, trap doors, back doors, Easter eggs, worms, time bombs, login bombs, cancelbots, keystroke loggers, spyware, adware, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Hypertext linkslinks by which visitors can move from one website to another or from one page to another within the same website
LiabilitiesLosses, proceedings, claims, demands, liabilities, charges, costs and expenses
Lossesindirect or consequential loss, loss of use, loss of data, loss of revenue or anticipated profits, loss of business, loss of profit or contracts, loss of income or opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, wasted management or office time, special or exemplary damages or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Sitewww.TheNeverEndingStory.co.uk
Termsthese terms of use together with our Acceptable Use Policy
We, Us, OurTHENEVERENDINGSTORY LIMITED
You, Youryou

4. USING OUR SITE
4.1. When using Our site, you must comply with the provisions of our Acceptable Use Policy [HYPERTEXT LINK TO ACCEPTABLE USE POLICY]
4.2. You are responsible for making all arrangements necessary for You to have access to Our Site.
4.3. You are permitted to:
4.3.1. download, retrieve and display Content from the Site on a computer screen
4.3.2. print individual pages on paper (but not to photocopy them) and
4.3.3. store such pages in electronic form (but not on any server or other storage device connected to a network)
for Your personal use or for internal use within Your organisation.
4.4. Unless We give you written permission You are not permitted to:
4.4.1. copy, reproduce, republish, post, broadcast, transmit, make available to any third parties or otherwise use the Site or Content in any way except for Your own personal, non-commercial use; or
4.4.2. adapt, alter or create a derivative work from the Site or Content.
4.5. Any other use of the Site or the Content, including for commercial purposes, requires Our prior written permission.
4.6. Our status (and that of any identified contributor) as the authors of material on Our Site must always be acknowledged.
4.7. If breach these Terms or our Acceptable Use Policy, Your right to use Our Site will cease immediately and you must, at Our option, return or destroy any copies of the materials You have made.

5. PASSWORDS
5.1. If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential, and you must not disclose it to any third party.
5.2. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our opinion You have failed to comply with any of the provisions of these Terms.

6. RELIANCE ON INFORMATION
6.1. We have tried to ensure that all the Content provided on the Site is accurate and up-to-date at the time of publication.
6.2. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.
6.3. Unless We expressly state to the contrary the Content and this Site is not intended to, nor does it, constitute any professional advice or services.

7. OUR LIABILITY
7.1. The Site and Content is provided “AS IS” and on an “AS AVAILABLE” basis.
7.2. We do not accept any liability for any errors, omissions or inaccurate Content on the Site.
7.3. We accept no liability any losses arising from any action taken on the basis of the Content.
7.4. The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We, other members of our group of companies and third parties connected to us hereby expressly exclude:
All representatives, conditions, warranties and other terms, either express or which might otherwise be implied by statute, common law or the law of equity, including those relating to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, timeliness, completeness, uninterrupted service, freedom from errors and defects, correction of errors and defects, and the freedom from viruses or bugs of the server hosting the Site.
Any liabilities in connection with the use or inability to use Our Site, any websites linked to it and any material posted on it

8. AVAILABILITY
8.1. We endeavour to make the Site available 24 hours a day. However, We will not be liable if for any reason if all or part of the Site is unavailable at any time or for any period. We may suspend access to the Site temporarily or permanently and without notice.

9. CHANGES TO OUR SITE
9.1. We may change our Site and anything described in it without notice to You.
9.2. We process information about You in accordance with our privacy policy. By using Our Site, You consent to such processing and You warrant that all data provided by You is accurate.
9.3. From time to time we may restrict access to some parts of Our Site, or our entire Site, to users who have registered with Us.

10. INFORMATION YOU SUBMIT TO US USING OUR SITE
10.1. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of Our Site, you must comply with the content standards set out in Our Acceptable Use Policy [HYPERTEXT LINK TO ACCEPTABLE USE POLICY].
10.2. Any material You upload to Our Site will be considered non-confidential and non-proprietary, and We have the right to use, copy, modify, distribute, publish, create a document work form, and disclose to third parties any such material for any purpose.
10.3. We also have the right to disclose your identity to any third party in accordance with our Privacy Policy.
10.4. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other user of Our Site.
10.5. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy [HYPERTEXT LINK TO ACCEPTABLE USE POLICY].
10.6. You:-
10.6.1. warrant that any material You submit to Us complies with our Acceptable Use Policy
10.6.2. agree to indemnify Us if any third party takes action against Us in relation to the material that You submit
10.6.3. warrant that You believe We may publish the material You submit and/or make use of it or any concepts described in it in Our products or services without liability and You agree not to take action against Us in relation to it.
10.7. You shall fully and promptly indemnify us against all Liabilities which We may suffer or incur as a result (directly or indirectly) of any material, information or data submitted by You to Us or to the Site or as a result of any breach by You of these Terms.

11. YOUR RIGHTS AS A CONSUMER
11.1. Nothing in these Terms, including any exclusions and limitations, is intended to limit any rights You may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Our liability to You for death or personal injury resulting from Our negligence or that of Our employees or agents.

12. LINKS TO OUR SITE
12.1. In these Terms We grant to you a revocable, non-exclusive, royalty-free right to provide a hypertext link (but not a framed link or Deep Link) to the home page of this Site from any other business information or business service website, PROVIDED that (unless We give Our written permission) You do so in a fair and legal way without damaging Our reputation or taking advantage of it. In particular:
12.1.1. You shall not make any warranties or representations about Us, Our services or Our policies except with Our prior written permission; and
12.1.2. You shall not suggest expressly or impliedly that We have endorsed Your site or are associated with it where this is not the case.
12.2. You must not establish a link from any website that is not owned by You.
12.3. Our site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which You are linking must comply in all respects with the content standards set out in Our Acceptable Use Policy [HYPERTEXT LINK TO ACCEPTABLE USE POLICY].

13. LINKS FROM OUR SITE
13.1. Websites or web pages to which the Site are linked are for information purposes only and We have not reviewed those websites.
13.2. Once You leave Our Site, whether or not You realise that You have left, We are not in any way liable for any Losses incurred as a result of Your use of any links or reliance on the Content of any webpage or website to which this Site is linked.
13.3. We are not responsible for the privacy policy of any websites or web pages to which Our Site are linked.

14. ADVERTISING AND SPONSORSHIP
14.1. The Site may from time to time contain advertising material. When it does We do not endorse or accept any liability for any of the products or services so advertised, or for any error or inaccuracy in the advertisements.
14.2. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with all relevant laws.

15. INTELLECTUAL PROPERTY
15.1. Except where otherwise indicated, We are the owner or licensee of all intellectual property rights in Our Site and in all the Content featured on Our Site and of all related intellectual property rights, including but not limited to all database rights, trade marks, registered trade marks, service marks and logos.
15.2. This extends to the use of the content in published books and other books and other publications. We will strongly protect our intellectual property rights in all countries.
15.3. Nothing in these Terms should be interpreted as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Ours or of any third party.

16. TRADE MARKS
16.1. [“TRADE MARK 1”] and [“TRADE MARK 2”] are UK registered trade marks of THENEVERENDINGSTORY LIMITED.

17. SECURITY AND COMPATIBILITY
17.1. You must not:
17.1.1. submit to us or to these Sites or to any visitor to these Sites any Destructive Features.
17.1.2. attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site.
17.1.3. in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of this Site, its software or systems.
17.1.4. not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
17.2. By breaching the sub-clauses above You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our Site will cease immediately.
17.3. We use reasonable endeavours to protect this Site from Destructive Features. However, we do not warrant that:
17.3.1. the Site, its servers, downloadable files or e-mails which may be sent by Us, are free from any Destructive Features
17.3.2. that the Site will be compatible with all hardware and software which You may use.
17.4. We accept no liabilities that may result from any distributed denial of service attack on the transmission of any Destructive Feature via this Site or via any Content which is available for You to download from the Site.
17.5. We do not warrant We may put in place security measures for Your protection.

18. DATA PROTECTION AND OUR PRIVACY POLICY
18.1. When You supply any personal information to our Site, you shall be deemed to have accepted the terms of Our Privacy Policy.

19. CHANGES TO THESE TERMS
19.1. We reserve the right, at Our discretion, to make changes to any part of the Site, the Content or these Terms at any time.
19.2. Please review these Terms regularly to ensure that you are aware of any changes made to these Terms.
19.3. Any changes to these Terms take effect immediately on Your first use of the Site after any amended terms have been posted. By continuing to access and use the Site after any amended terms have been posted You agree to be legally bound by any amended terms.

20. SEVERABILITY
20.1. If any of these Terms or any part of any term is determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term (or any part of the term) is illegal, invalid or unenforceable, it shall, in that state or country, be treated as severed and deleted from these Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable in that state or country.

21. EVENTS BEYOND OUR CONTROL
21.1. We will not be responsible for any breach of these Terms by us caused by circumstances beyond Our reasonable control.

22. DOWNLOADS
22.1. Some Content is available for downloading from the Site. All downloaded Content is subject to these Terms.

23. THIRD PARTY RIGHTS
23.1. These Terms are not intended to confer any benefit on a third party under the provisions of the Contracts (Rights of Third Parties) Act 1999.

24. JURISDICTION
24.1. These Terms shall be governed by and interpreted in accordance with the laws of England and Wales and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms, Your use of the Site or any Content on it.

25. CONTACTING US
25.1. If you would like to set up a hypertext link or Deep-Link to our Site or make use of any material on Our Site where our permission is required, please contact Us at The NeverEndingStory Limited, Unit 2, A1 Parkway, Southgate, Peterborough, Cambridgeshire, United Kingdom PE2 6YN or by email to : enquiries@theneverendingstory.co.uk



OUR ACCEPTABLE USE POLICY
1. INTRODUCTION
2. DEFINITIONS
3. USING OUR SITE
4. PROHIBITED USES
5. YOUR ACCOUNT
6. SECURITY
7. AGE
8. INTERACTIVE SERVICES
9. CONTRIBUTIONS TO OUR WEBSITE
10. CONTENT STANDARDS
11. SUSPENSION AND TERMINATION
12. CONTACTING US

1. INTRODUCTION
1.1. This Acceptable Use Policy together with our Terms of Use will tell you the terms of use on which You may make use of our website, whether as a guest or as a registered user. Please read them carefully. They are important
1.2. This Acceptable Use Policy takes effect immediately on Your first use of the Site. By continuing to access and use the Site you agree to be legally bound by this Acceptable Use Policy, which supplements our Terms of Use
1.3. If you do not agree to this Acceptable Use Policy, please refrain from using Our Site.

2. DEFINITIONS
2.1. Please refer to our Terms of Use for the meanings of defined words in this Acceptable Use Policy

3. USING OUR SITE
3.1. You agree to use Our Site in accordance with this Acceptable Use Policy and our Terms of Use

4. PROHIBITED USES
4.1. You must not use our Site in any way:
4.1.1. that breaches any applicable local, national or international law or regulation
4.1.2. that fails to comply with accepted internet protocol
4.1.3. that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
4.1.4. to send, knowingly receive, upload, download, use or re-use any Content which does not comply with our Content Standards set out in this Acceptable Use Policy
4.1.5. to transmit any Destructive Features
4.1.6. to transmit, or procure the sending of, any solicited or unauthorised advertising or promotions material or any other form of similar solicitation, including by:
4.1.6.1. sending such material; or
4.1.6.2. using any distribution list that includes persons who have not give specific consent to be included in such a distributions process
4.1.6.3. in any way that infringes the rights of, restricts or inhibits any else’s use of Our Website
4.1.6.4. in any way that infringes the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site.

5. YOUR ACCOUNT
5.1. You agree that You will:
5.1.1. not open more than one account
5.1.2. not allow another person to use Your account
5.1.3. not transfer Your account to another person
5.1.4. not divulge Your password to another person
5.1.5. not send multiple messages containing the same or similar wording to Us
5.1.6. not adopt an offensive or obscene user name
5.1.7. notify Us immediately of any unauthorised use of Your password or any other breach or security or which You became aware
5.2. You acknowledge that we may be required by law or regulations to access, monitor, store or copy material sent to us without further notice to You.

6. SECURITY
6.1. You agree not to access without authority, interfere with, damage or disrupt:
6.1.1. any part of our Site
6.1.2. any equipment or network on which our Site is stored
6.1.3. any software used in the provision of our Site; or
6.1.4. any equipment or network or software owned or used by any third party

7. AGE
7.1. You must be 18 years old or over to contribute to Our Site
7.2. If we discover or have reason to suspect that You are not over 18 years of age, then we reserve the right to suspend or terminate Your access to this Site immediately and without notice

8. INTERACTIVE SERVICES
8.1. We may from time to time provide interactive services on our site, including, without limitation:
8.1.1. Chat rooms
8.1.2. Bulletin boards
8.2. Where we provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
8.3. We do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not
8.4. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them
8.5. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise

9. CONTRIBUTIONS TO OUR WEBSITE
9.1. Where you are invited to submit any contribution to Our Website (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant to Us an irrevocable, perpetual, royalty-free, exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Our Privacy Policy
9.2. If you do not want to grant to Us the rights set out above, please do not submit your contribution to Us
9.3. By submitting your contribution to our Site You:
9.3.1. warrant that:
9.3.1.1. you are over 18 years old
9.3.1.2. full information and details provided by You to Us are true, accurate and up to date in all respects and at all times
9.3.1.3. You will comply with this Policy of the Terms of Use
9.3.1.4. Your contribution:
9.3.1.4.1. is your own original work and that you have the right to make it available to Us for all the purposes specified above
9.3.1.4.2. is not defamatory
9.3.1.4.3. does not infringe any law
9.3.2. indemnify Us against all liability that may be incurred by Us as a result of Your breach of the above warranty
9.3.3. waive any moral rights in Your contribution for the purposes of its submission to and publication on Our Website and the purposes specified above

10. CONTENT STANDARDS
10.1. These content standards apply to any and all material which you contribute to Our Site (contributions), and to any interactive services associated with it
10.2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole
10.3. Contributions must:
10.3.1. be accurate (where they state facts)
10.3.2. be genuinely held (where they state opinions)
10.3.3. comply with applicable law in the UK and in any country from which they are posted
10.3.4. be civil and tasteful
10.3.5. be constructive and polite
10.4. Contributions must not contain any material which:
10.4.1. is defamatory or potentially defamatory
10.4.2. is offensive, threatening or abusive
10.4.3. is likely to harass, upset, embarrass, alarm, inconvenience in anyway any other person or invade their privacy
10.4.4. is mean-spirited or unfriendly even if in response to unfriendly language or behaviour
10.4.5. is contributed with the intention of causing trouble
10.4.6. promotes, advocates or assists:
10.4.6.1. violence
10.4.6.2. sexually explicit material
10.4.6.3. any illegal activity or unlawful act in any jurisdiction (including but limited to copyright infringement and computer misuse)
10.4.6.4. discrimination based on race, sex or religion, nationality, disability, sexual orientation or age
10.4.6.5. the use of Destructive Features
10.4.7. is likely to deceive any person
10.4.8. makes incorrect or negative comment about our staff or service, or which may discourage other members from using the service
10.4.9. is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
10.4.10. infringes any intellectual property rights of any other person, including, but not limited to any copyright, database right or trademark
10.4.11. is used to impersonate any person, or to misrepresent your identity or affiliate with any person
10.4.12. gives the impression that the content emanates from us, if this is not the case
10.4.13. refers to specific URLs (web site databases) without our permission
10.4.14. makes commercial use of Our Website without our express written consent
10.4.15. advertises or promotes a third party or You own products or services
10.4.16. makes insulting remarks to or about other users ("flaming")
10.4.17. transfers files containing Destructive Features
10.4.18. conducts any fraudulent activity including any "pyramid scheme" or "chain letter"

11. SUSPENSION AND TERMINATION
11.1. We will determine in our discretion, whether there has been a breach of this Acceptable Use Policy through Your use of Our site. When a breach of this policy has occurred, We may take such action as We deem appropriate
11.2. Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Use
11.3. ] upon which You are permitted to use Our Site, and may result in Our taking all or any of the following actions, at Our discretion:
11.3.1. immediate, temporary or permanent withdrawal of Your right to use Our Site
11.3.2. Immediate, temporary or permanent removal of any posting or material uploaded by You to Our Site
11.3.3. issue of a warning to You
11.3.4. legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
11.3.5. further legal action against You
11.3.6. inform the appropriate authorities and to provide to them such information We reasonably feel is necessary
11.4. We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate

12. CONTACTING US
12.1. If you would like to set up a hypertext link or Deep-Link to our Site or make use of any material on Our website where our permission is required, please contact Us at The NeverEndingStory Limited, Unit 2, A1 Parkway, Southgate, Peterborough, Cambridgeshire, United Kingdom PE2 6YN or by email to : enquiries@theneverendingstory.co.uk


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