These terms and conditions govern your use of Power Over Procrastination’s website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 13 years of age to use this website. By using this website you warrant and represent that you are at least 13 years of age.
License to use website
Unless otherwise stated, we and/or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including direct republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website, except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed for personal use unless specifically stated otherwise.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without our express written consent.
Access to certain areas of this website is restricted. We reserve the right to restrict access to areas of this website, or indeed this entire website, at our discretion.
If you are provided with a user ID to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.
In these terms and conditions, “user content” means material (including without limitation event listings, text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of user content to, or the publication of user content on, this website.
For any user content which specifies or implies any form of payment either directly of by link to an external website, bookings and/or purchase verifications and/or collection of any money, goods or trade is the responsibility of the posting entity identified by user ID. We do not collect payment on your behalf and are not liable for payment of such money, goods or trade.
While we undertake reasonable measures to ensure the accuracy of all information posted on this Web site, the material contained on this Web site may include inaccuracies or other errors for which we are not responsible and, while the information contained within the site is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and up-to-date. The information and materials provided on this website are provided “as is” without any representations or warranties, express or implied.
Neither the Publisher nor any other party involved in creating, producing or delivering this Web site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of this Web site.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
If you require advice in relation to any legal, financial or medical matter, you should consult an appropriate professional.
Limitations of liability
We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if we have been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation on the part of us; or
- matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Copyright Infringement and DMCA Policy
As Power Over Procrastination asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us about Digital Millennium Copyright Act (“DMCA”) issues. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to repeatedly infringe on our copyrights or other intellectual property rights or copyrights or other intellectual property rights of others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid.
This Agreement does not transfer from us to you any of our or any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us. All trademarks, service marks, graphics and logos used in connection with this Website are trademarks or registered trademarks of us our licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties and remains the property of the respective owners. Your use of the Website grants you no right or license to reproduce or otherwise use any Power Over Procrastination or third-party trademarks.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as deemed appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check the page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with prevailing governing law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York, USA.
You can contact us here.
By using this Site, you signify your acceptance of these terms. If you do not agree to these terms, please do not use our Site. Your continued use of the Site following the posting of changes to these terms will be deemed your acceptance of those changes.
This document is based on a Contractology template available at http://www.freenetlaw.com.
This document was last updated on April 22, 2014