Terms and Conditions of Use

Scribestar General Site Terms and Conditions of Use

Version 4
Issued 18 April 2018

 

Scribestar Limited is a company incorporated in England and Wales under company number 06935972, with registered office at Suite 202, Central Point, 45 Beech Street, London EC2Y 8AD, United Kingdom (“Scribestar”, “we”, “us” or “our”). Scribestar provides certain web-enabled platform services (“Scribestar Services”) via http://www.scribestar.com or such other Uniform Resource Locator (“URL”) as we may utilize from time to time (“Scribestar Services Site”). This document sets out the terms (“Terms”) upon which you may access our public website (“Scribestar General Site”) where you are not a Scribestar Customer accessing the Scribestar Services themselves, and accordingly your access to and use of the Scribestar General Site shall be made upon these terms and conditions of use.

 

Historic versions of these Terms can be obtained by contacting us.

 

1     APPLICABILITY

These Terms apply to anyone who simply accesses the Scribestar General Site only and in doing so is not making use of the Scribestar Services, which use of the Scribestar Services shall be subject to different terms and conditions for their use.

 

2     DEFINITIONS AND INTERPRETATION

‘Affiliate’ means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.

 

‘Customer Contract’ means a contract entered into between Scribestar and a Scribestar Customer organization covering the use by the Scribestar Customer of the Scribestar Services which Scribestar Services are provided as from the Scribestar Services Site.

 

‘Data Protection Legislation’ means for the United Kingdom, the Data Protection Act 1998 as amended, replaced or superseded from time to time, including without limitation the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council when that comes into full legal force and effect (“GDPR”) and in respect of the United Kingdom, any data protection laws substantially amending, replacing or superseding the GDPR following any exit by the United Kingdom from the European Union or the European Economic Area (as applicable). For the avoidance of doubt, ‘personal data’, ‘data controller’, ‘data subject’, ‘data processor’ and ‘processing’ shall be as defined in the Data Protection Legislation.

 

‘Other Services’ means third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the Scribestar General Site links to, or which we may recommend to any Visitor to this Scribestar General Site.’Scribestar Customer” means an organization that has entered into a Customer Contract.

 

‘Scribestar Customer’ means an organization that has entered into a Customer Contract.

 

‘Service Data’ means electronic data, text, messages, communications or other materials submitted to and stored within the Scribestar General Site by a Visitor to that Scribestar General Site, which may include, without limitation, personal data.

 

‘Visitor’ means any person who accesses and uses the Scribestar General Site (and not the Scribestar Services Site) who is not for such purposes, a Scribestar Customer.

 

Unless the context otherwise requires: (a) words in the singular shall include the plural and in the plural shall include the singular; and (b) a reference to one gender shall include a reference to the other genders; and (c) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

 

3     TERMS OF SITE USE

These Terms (together with any other documents or policies referred to in it) tell you the terms of use on which a Visitor can access and use the Scribestar General Site. The right to access and use this Scribestar General Site is made strictly upon the terms hereof. These terms shall not apply to a Scribestar Customer whose use (and that of their authorised users) of the Scribestar Services shall be governed by both a Customer Contract and also the Scribestar Services Site terms and conditions. These terms apply to all Visitors whether they are browsing, enquiring, registering, messaging or otherwise making use of any publically available information, data or services on this Scribestar General Site.

 

Please read these Terms (including the Data Protection and Privacy terms) carefully before you start to use this Scribestar General Site and if you do not agree to them, then please leave this Scribestar General Site.

 

By using the Scribestar General Site, you confirm that you accept these Terms and you agree to comply with them. You also agree that any consents that you have given here by your use, are freely given to Scribestar on an informed basis. By agreeing to these Terms you also agree to comply with any other policy published on the Scribestar General Site by Scribestar from time to time. If you are entering into these Terms on behalf of a company, organization or another legal entity, you are agreeing to these Terms for that other company, organization or other legal entity and hereby represent to Scribestar that you have the authority to bind such company, organization or other legal entity and its Affiliates to these Terms, in which case the terms “you,” “your” or related terms herein shall also refer to such legal entity and its Affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use or access the Scribestar General Site.

 

 

4     CHANGES TO THE SCRIBESTAR GENERAL SITE

We may update our Scribestar General Site from time to time, and may change any of the Scribestar Services offered or described on it at any time, including any materials or data published on it or referred to from it.

 

We do not guarantee that the Scribestar General Site, or any content on it, will be free from errors or omissions. Furthermore, please note that any of the content on the Scribestar General Site may be out of date at any given time, and we are under no obligation to update it. No reliance should be placed on any material or data displayed or accessed on the Scribestar General Site unless we have entered into a Customer Contract with you and that Customer Contract confirms any information upon which you wish to rely, within it.

 

5     ACCESSING THE SITE AND MATERIALS

You are responsible for making all arrangements necessary for you to have access to the Scribestar General Site.

 

We do not guarantee that the Scribestar General Site, or any content on it, will always be available or be uninterrupted. Access to the Scribestar General Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part (including access) of and to the Scribestar General Site without notice, including to any Visitor. We will not be liable to you if for any reason the Scribestar General Site is unavailable at any time or for any period. Information, data and materials displayed on the Scribestar General Site may not be owned by Scribestar and accordingly in the event that any of that information or material is expressed as being copyrighted or owned by a third party, you may not reproduce any of that without obtaining a valid licence to do so. You may reproduce and copy any narrative on the Scribestar General Site which describes our Scribestar Services or which we own the copyright in, provided that in doing so you acknowledge in each copy of those materials that Scribestar is the copyright owner of those materials and reserves all its rights to them.

 

6    UPLOADING CONTENT TO OUR SITE

Whenever you make use of a Scribestar General Site feature that allows you to upload content to the Scribestar General Site (or any other place linked by it), or to make contact with other users or Visitors of Scribestar via the Scribestar General Site, you must comply with the content standards set out in our Acceptable Use Policy.

 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy, or an infringement of any other legal rights that they have.

 

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or anyone on your behalf.

 

7     ACCEPTABLE USE POLICY AND SITE SECURITY

You must not use the Scribestar General Site (including in posting any data or messages) for any purpose that is unlawful or prohibited in any manner or which could damage, disable, overburden, or impair the Scribestar General Site or adversely affect the rights of others. Scribestar is not responsible for messages posted by Visitors and expects Visitors to comply with all applicable law, decency and the rights of third parties, when using the Scribestar General Site.

 

You must not attempt to gain unauthorized access to the Scribestar Service, other accounts, computer systems or networks connected to the Scribestar General Site (or otherwise), through hacking, password mining or any other means, nor shall you commit an act or omission that facilitates such activity by another person.

 

You must not disable or bypass any functionality of the Scribestar General Site or assist another person’s effort to harvest or otherwise collect information about others, including but not limited to user e­mail addresses for spamming or other purposes. Scribestar does not warrant that the Scribestar General Site is virus free and you must ensure that in your use of it and your use of public internet services, you have installed and maintained appropriate virus protection programmes. Scribestar is not liable and can not be held responsible for any virus infection or other infection to your hardware, software or systems by your accessing the Scribestar General Site.

 

8    INTELLECTUAL PROPERTY AND LICENCE RIGHTS

The Scribestar General Site and all services relating to it (including any relevant software) and all data, materials and information provided from it, contains proprietary and confidential information that is protected by intellectual property and other applicable laws. Scribestar grants you a limited, personal, non-transferable, non­exclusive license to access and use the Scribestar General Site in the manner contemplated by these Terms. No other rights are expressly or impliedly given.

 

9    TRADEMARK

Scribestar, the Scribestar logo, the names of individual Scribestar Services and their logos are trademarks of Scribestar and copyrighted to Scribestar. You agree not to display or use, in any manner, the Scribestar trademarks, without Scribestar’s express prior written permission and if such permisson is given, to only use them in the manner and context that such permission is granted. Scribestar has the right to revoke any such consent immediately upon notifying you.

 

10    SUSPENSION AND TERMINATION

Your use of the Scribestar General Site is permitted on an ‘at will’ basis by Scribestar. Your use may be ended by a Scribestar at any time without notice. You should not rely on the Scribestar General Site to store any data which you need to retain and you are responsible for ensuring that you have back-ups of such data should that be needed.

 

If you have a user account or password to access the Scribestar General Site (or any features or functions of it) may be suspended or temporarily disabled in the event of any suspected illegal activity, extended periods of inactivity, requests by law enforcement or other government agencies (including a Supervisory Authority under Data Protection Legislation) or otherwise if we suspect or believe that you are in breach of any of the Terms. Objections to suspension or disabling of user accounts should be made to Scribestar at the address for Scribestar stated on this Scribestar General Site. A suspended or disabled user account may be terminated immediately by Scribestar with no right to a Visitor to have it reinstated.

 

11    CHANGES TO THESE TERMS

We may revise these Terms at any time and from time to time. The latest Terms are published on our Scribestar General Site.

 

12    INDEMNIFICATION

You agree to indemnify and hold harmless Scribestar, its officers, directors, employees, suppliers, shareholders and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Scribestar General Site in violation of another party’s rights, in violation of any law, in violation of any provisions of the Terms, or any other claim related to your use of the Scribestar General Site, except where such use is expressly authorized by Scribestar in writing.

 

13    DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SCRIBESTAR GENERAL SITE IS AT YOUR SOLE RISK. THE SCRIBESTAR GENERAL SITE IS PROVIDED ON AN “AS-IS-AND-AS-AVAILABLE” BASIS. SCRIBESTAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCRIBESTAR MAKES NO WARRANTY THAT THE SCRIBESTAR GENERAL SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SCRIBESTAR GENERAL SITE WILL BE CORRECT AND ANY RELIANCE CAN BE PLACED UPON IT AND YOU VISIT IT AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SCRIBESTAR GENERAL SITE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM SCRIBESTAR, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

14    LIMITATION OF LIABILITY

YOU AGREE THAT SCRIBESTAR SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SCRIBESTAR GENERAL SITE, EVEN IF SCRIBESTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL SCRIBESTAR’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY MATTER ARISING FROM THE USE OF THE SCRIBESTAR GENERAL SITE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE. NONE OF THE FOREGOING WILL SEEK TO LIMIT SCRIBESTAR’S LIABILITY FOR DEATH OR PERSONAL INJURY OR FOR ANY CLAIM WHICH, AS A MATTER OF APPLICABLE LAW IN THE UNITED KINGDOM, CANNOT BE SO LIMITED.

 

15   APPLICABLE LAW

These Terms of Use and any dispute or claim arising out of or in connection with them (including any non­contractual disputes or claims) are governed by and are to be construed in accordance with the laws of England and Wales.

 

Each of the parties irrevocably submits for all purposes (including any non­contractual disputes or claims) to the exclusive jurisdiction of the courts in England and Wales.