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Terms of Use

LAST REVISED: May 8, 2013

1. General Information

By means of the Website, www.barringtonstokeyoungeditors.co.uk, Barrington Stoke Ltd makes available a proof-copy review service as well as related Content, services, and business-networking and social-networking opportunities (the "Website"). Unless otherwise expressly provided, all provisions of these Terms of Use apply both to non-registered users and registered users.

Please read these terms of use carefully before using the website. By using the website, you consent to the terms of use. Please note that Barrington Stoke Ltd may review these terms of use from time to time. Because these terms of use create a binding contract between you and Barrington Stoke Ltd, Barrington Stoke Ltd recommends that you bookmark the terms of use and review these regularly to ensure your compliance therewith.

2. Privacy

Please visit our privacy policy which is incorporated into the Terms and governs your visit to the Website www.barringtonstokeyoungeditors.co.uk.

3. Definitions

"Content" means proof copies, marketing material, related catalogue and text information, and any and all other text, pictures, sounds, video, or other data, in any format made available via the Website.
"Proof copy" means any single version of a publication, including related metadata, distributed for media or buyer review, comment, editorial review, promotional, or other similar purposes including: unbound printed proof, bound printed proof, digital proof, uncorrected manuscript proof, review copy, desk copy, preview copy, digital preview, digital manuscripts, or finished book adapted for use and display in connection with the Website. The term, "Manuscript proof" may include EBooks and post-publication content.
"Public Areas" means those portions of the Website that Barrington Stoke Ltd makes available to the public without restriction and that may be accessed without the use of a password.
"Secure Area" means those portions of the Website that Barrington Stoke Ltd makes available solely to Registered Users and for which access is controlled by usernames and passwords.
"Submit" (whether or not capitalised) means to transmit, post, upload, distribute, display, publicly perform, copy, and/or make derivative works.
"Unrestricted Content" means Content that is not Restricted Content, made available on public portions of the Website.
"Use" means (whether or not capitalised) to copy, distribute, publicly perform, publicly display, make derivative works, edit or otherwise access or use.

4. Unrestricted and Restricted Content

You may use the Website solely pursuant to these Terms of Use. Unless you are a Registered User, you may not access Secure Areas or use any Restricted Content. This Website may provide the means for you to download Unrestricted Content for your own personal and non-commercial use. Regardless of whether you are an unregistered user or a Registered User, you will not: (i) use the Website except as permitted by the Terms of Use; (ii) modify, reverse engineer, decompile, or disassemble any part or all of the Website; (iii) sell, sublicense, resell, or otherwise transfer your right to use the Website; or (iv) collect or use any listings, descriptions, and/or prices for the benefit of any other business.

You will not: (a) sell, sublicense, resell, or otherwise transfer your right to use the Content; (b) create or attempt to create derivative works from the Content except as expressly permitted herein; (c) remove any copyright, trademark or other proprietary notices from any Content.

5. Authorised Users

5.1. Limited Use of the Restricted Content. If you are a Registered User who has been granted permission by Barrington Stoke Ltd to access one or more Secure Areas, the following sections apply to you as well as the rest of the provisions in the Terms of Use. You may use Restricted Content solely for your own personal purposes pursuant to the Terms of Use and any instructions, rules, or conditions provided to you by Barrington Stoke Ltd. If you are accessing Secure Areas and/or using Restricted Content, you represent and warrant that you are authorised to do so by Barrington Stoke Ltd and that you will comply with any instructions, rules, or conditions imposed by Barrington Stoke Ltd as well as these Terms of Use. You understand and agree that your authorisation to access any Restricted Content or Secure Areas may be revoked by Barrington Stoke Ltd at any time if you fail to comply with these Terms of Use.
5.2. Confidentiality of Restricted Content. You will employ best efforts to safeguard the Restricted Content and protect it from unauthorised use, exercising at least a reasonable degree of care. You will immediately notify Barrington Stoke Ltd of any unauthorised use of the Restricted Content. Your obligations to keep confidential the Restricted Content will survive the termination or expiration of the Agreement.
5.3 Password Protection for Secure Areas. Your right to access Secure Areas and to use Restricted Content is personal to you. You will not transfer, or make available to another, passwords and account identification provided to you or otherwise facilitate another's access to the Secure Areas or use of the Restricted Content. Any such transfer or facilitation may result in the immediate termination (at Barrington Stoke Ltd’s sole discretion) of your rights under the Terms of Use. If you believe your password has been disclosed to or is in use by another, you will immediately notify Barrington Stoke Ltd.
5.4. Limited Liability Regarding Restricted Content. Barrington Stoke Ltd does not guarantee the accuracy, completeness, usefulness, integrity, or quality of Restricted Content. You understand and agree that by accessing Secure Areas and/or using Restricted Content, you may be exposed to Restricted Content that you may consider offensive, indecent, or objectionable. Under no circumstances will Barrington Stoke Ltd be liable in any way for any Restricted Content, including any errors or omissions in any Restricted Content or any loss or damage of any kind incurred as a result of the use of any Restricted Content submitted via this Website.

6. General Use of this Website

You agree that you will not use this Website to demonstrate any behaviour that:
Is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libellous, invasive of another's privacy, racially or otherwise hateful, or otherwise objectionable;
Harms minors;
Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
Conflicts with any obligations you have under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as party of employment relationships or under non-disclosure agreements);
Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party;
Constitutes or contains unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorised solicitation.
Constitutes or contains software viruses or any other computer code, files or programmes designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interferes with or disrupts the Website, related services, or servers or networks connected thereto or disobeys any requirements, procedures, policies, or regulations of networks connected to this Website or related services.
Violates any applicable national or international law or any regulations having the force of law; or
Is used to stalk or otherwise harass another.

7. Claims of Infringement

Barrington Stoke Ltd requires that you respect the intellectual property of others. In accordance with the Copyright, Designs and Patents Act (1988), Barrington Stoke Ltd will respond timeously to instances of apparent copyright infringement or notices thereof. Barrington Stoke Ltd will disable and/or terminate the accounts of any user infringing copyright.

8. General Conditions

8.1. Disclaimer. Your use and browsing of this Website are at your own risk. Except as otherwise provided above, everything on this Website is provided "AS IS" without warranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Barrington Stoke Ltd makes no warranties that the Website will be error-free or uninterrupted, that defects will be corrected, or that this Website, or its server are or will be free of viruses or other harmful components. Barrington Stoke Ltd makes no warranties or representations regarding the use or results of the use of the Content on this Website. You understand and agree that applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
8.2. Indemnification. You will defend, indemnify, and hold Barrington Stoke Ltd harmless from: (i) your use of and access of the Website; (ii) your violation of any of these Terms; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to the Content or use of the Website. This defence and indemnification obligation will survive these Terms and your use of the Website.
8.3. Limitation of Liability. In no event will Barrington Stoke Ltd be liable for any indirect, consequential, special, incidental or punitive damages arising out of your access to, or use of, this website or the content thereon, whether in a contract action or based on negligence or any other claim whatsoever, even if Barrington Stoke Ltd or one of its authorised representatives have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will Barrington Stoke Ltd's total liability to you for all damages, losses, and causes of action, whether in contract, negligence, or otherwise, exceed the amount paid by you, if any, in accessing this website.
8.4. Entire Agreement; Waiver. These Terms, together with the privacy policy and any other legal notice published by Barrington Stoke Ltd on this Website constitute the entire agreement between you and Barrington Stoke Ltd concerning this Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of the Terms of Use. Barrington Stoke Ltd's failure to insist on or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.
8.6. Assignment. Subject to any terms to the contrary in the Client Agreement, Barrington Stoke Ltd may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganisation, or sale of all, or substantially all, of its assets relating to this Agreement.

9. Termination

The Terms may be terminated by Barrington Stoke Ltd at any time without notice. In the event of termination, you are no longer authorised to access the Website and all limitations on Barrington Stoke Ltd's liability regarding your use of the Website and/or the Content will survive.

10. Governing law

These Terms of Use will be governed by English law.