Terms and Conditions

TERMS AND CONDITIONS

 

BACKGROUND:

 

This agreement applies as between you, the User of this Website and Sarah Houldcroft T/A www.authors-uncovered.com, the owner of this Website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website and also on submission of any Content. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

 

 

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

 

“Account”

means collectively the personal/identifying information, payment information and credentials used by Users to access parts of the Website and to create Listings;

Authors Uncovered

means Sarah Houldcroft t/a Authors Uncovered and www.authors-uncovered.com;

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Listing”

means an author and/or book listing posted on the Website by a User which shall provide information pertaining to the author and/or book;

“Listed Author”

means any author which features in a Listing;

“Listing Fee”

means the fee payable to post a Listing;

Service

means collectively any online facilities, tools, services or information that Authors Uncovered makes available through the Website either now or in the future;

System

means any online communications infrastructure that Authors Uncovered makes available through the Website either now or in the future.  This includes, but is not limited to, Listings, email addresses and online forms;

“User” / “Users”

means any third party that accesses the Website and is not employed by Authors Uncovered and acting in the course of their employment; and

“Website”

means the website that you are currently using (www.authors-uncovered.com) and any sub-domains of this site (e.g. subdomain www.authors-uncovered.com/news-and-views) unless expressly excluded by their own terms and conditions.

 

  1. Intellectual Property

2.1          Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Listings, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Authors Uncovered, or our affiliates.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2          You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Authors Uncovered.  Specifically you agree that:

2.2.1     You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Authors Uncovered;

2.3       By submitting Content to a Listing on the Website, you grant Authors Uncovered a perpetual licence to use such Content (including your name, photo and any video) for it’s future marketing purposes. You acknowledge that the purpose of the Website is to help promote authors and their books and accordingly, in the event of your subsequent commercial success, Authors Uncovered, by virtue of the licence you are granting, is entitled to utilise your name and any Content (including your written content, and any video and/or photographs you submit to the Website) for it’s own marketing purposes.

3.            Third Party Intellectual Property

3.1          Subject always to the express provisions of clause 2.3 (and the rights granted therein), the Intellectual Property Rights subsisting in the Content of Listings belong to the Listed Authors to which those Listings pertain unless it is expressly stated otherwise.

3.2          Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.

3.3          The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website.  The exceptions in Clause 4 continue to apply.

  1. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

  1. Links to Other Websites

This Website may contain links to other sites including, but not limited to, those of Listed Authors and vendors (such as for instance Amazon) where User can purchase books.  Unless expressly stated, these sites are not under the control of Authors Uncovered or that of our affiliates.  We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Website

6.1          Subject to the provisions of sub-Clause 6.2, those wishing to place a link to this Website on other sites may do so only to the home page of the site www.authors-uncovered.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Authors Uncovered.  To find out more please contact us by email at discover@authors-uncovered.com.

6.2          Listed Authors and their associates (including, for the sake of clarity, their publishers) may place deep-links to their Listings on the Website.

6.3          Authors Uncovered reserves the right to link and deep link to any page of the Website and promote specific authors / pages via social media and other external websites (but has no obligation to do so).

  1. Listing on the Website

7.1          When submitting a Listing to the Website you should do so in accordance with the following rules:

7.1.1     you must not use obscene or vulgar language;

7.1.2     your Listing may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the publishing industry).  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

7.1.3     your Listing may not contain Content that is intended to promote or incite violence;

7.1.4     your Listing should be honest and fair, should not make any false, unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other authors or their work;

7.1.5     Listings must be made using the English language.  Content in any other language may be removed at our sole discretion;

7.1.6     your Listing may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;

7.1.7     the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

7.1.8     your Listing must be placed into the appropriate category / genre;

7.1.9     you must not impersonate other people or authors;

7.1.10   you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

7.1.11   you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

7.2          Authors Uncovered does not screen or pre-approve any Listing submitted to the website, however on notification from Users we may examine Listings and such Listings may be edited and/or removed from the Website.

7.3          Authors Uncovered may edit your Listing to comply with the provisions of sub-Clause 7.1 without prior consultation.  In cases of severe breaches of the provisions of sub-Clause 7.1, your Listing may be removed and your Account may be suspended or terminated.  You will be informed in writing of the reasons for any such alterations or removals.

7.4          In order to submit a Listing, you are required to submit certain personal details and/or business details.  By continuing to use this Website you represent and warrant that:

7.4.1     any information you submit is accurate and truthful; and

7.4.2     you will keep this information accurate and up-to-date.

7.5          By submitting a Listing you warrant and represent that you are the author of that Listing or that you have acquired all of the appropriate rights and / or permissions to submit it.  Authors Uncovered accepts no responsibility or liability for any infringement of third party rights by such Listings or Content. Further, you waive all moral rights in the Listing to be named as its author and grant Authors Uncovered a perpetual licence to modify the Content as necessary for its inclusion on the Website.

7.6          Authors Uncovered will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Listings, nor for any errors or omissions in Listings.  Use of and reliance upon Listings is entirely at your own risk.

7.7          Nothing in these Terms and Conditions shall grant Authors Uncovered any rights in or to any trade marks or any other intellectual property rights contained within your Listing or any part of it save for the right to display the same on the Website as part of your Listing until you or Authors Uncovered choose to remove that Listing subject always to the provision of clause 2.3 above.

7.8          You acknowledge that Authors Uncovered may retain copies of any and all communications, information, Content and Listings sent to us or submitted to the Website.

7.9          Authors Uncovered may, at its sole discretion, choose to feature your Listing by means of its “Book of the Week”, “Author of the Week” and any other form of feature or accolade of its choosing. If your listing / work is featured Authors Uncovered may feature your Listing on its homepage or via prominent sliders throughout the site. Additional Fees may be incurred in order to be featured as “Book of the Week” and / or “Author of the Week”, which will be notified to you directly upon selection. Participation of Users in such schemes / features is discretionary.

  1. Accounts and Listing Fees

8.1          In order to post a Listing on this Website you must create an Account which will contain certain personal details.  By creating an Account you represent and warrant that:

8.1.1     all information you submit is accurate and truthful; and

8.1.2     you will keep this information accurate and up-to-date.

8.2          Sharing of accounts is not permitted unless expressly authorised in writing by Authors Uncovered.  You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.

8.3          For Listings made after April 2014, a Listing Fee will be charged for each Listing you post on this Website.  Listing Fees are detailed on the Website.  Your credit / debit card will be billed at the time at which you open an Account and annually thereafter until cancellation or termination.

8.4          Your first payment will be at the price advertised on the Website.  Authors Uncovered reserve the right to change Listing Fees from time to time and any such changes may affect your recurring Listing Fees:

8.4.1     increases in price will be reflected in your recurring Listing Fees; and

8.4.2     decreases in price will be reflected in your recurring Listing Fees.

8.5          Multiple Listings are permitted for each Account provided they are for the same author. In cases where an author uses various pen-names, please contact Authors Direct by email via discover@authors-uncovered.com to discuss and agree your requirements and the associated fees.

8.6          If you terminate a Listing and/or your Account, your Listing(s) may be removed at the discretion of Authors Uncovered and you will not be rebilled for either the cancelled Listing or all of your Listings, as appropriate.

8.7          Listings which Authors Uncovered rejects in accordance with sub-Clause 7.2 shall not be charged for.

  1. Termination and/or Suspension

9.1          In the event that any of the provisions of sub-Clause 7.1, above, are not followed, Authors Uncovered reserves the right to suspend or terminate your access to the Service.  Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

9.2          If Authors Uncovered terminates or suspends your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.  If you have multiple Listings and not all are deleted, you will continue to be billed for those which remain active and will not be refunded for those which are deleted.

  1. Privacy

10.1       Use of the Website is also governed by our privacy policy which is incorporated into these terms and conditions by this reference.

10.2       The Website may place cookies onto your computer or device for the purpose of monitoring usage of the Website and to facilitate repeat users (e.g. the Website may use cookies to remember your login details but not your password).  These cookies are used for the purposes of improving the Users experience, marketing analysis and future improvements to the site. Full details of the cookies used by the Website and your legal rights with respect to them are available from Authors Uncovered upon written request.  By accepting these terms and conditions, you are giving consent to Authors Uncovered to place cookies on your computer or device. 

10.3       If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed.  For instructions on how to do this, please consult your internet browser’s help menu.

  1. Disclaimers

11.1       Authors Uncovered makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

11.2       Save for the screening and approval of Listings, Authors Uncovered has neither control over, nor involvement in, any Listed Author and accepts no responsibility for any actions taken, or any goods or services provided, by any Listed Author.

11.3       Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Authors Uncovered makes no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.

11.4       No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

11.5       Authors Uncovered makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

11.6       Whilst every effort has been made to ensure that all descriptions of services available from Authors Uncovered correspond to the actual services available, Authors Uncovered is not responsible for any variations from these descriptions.

11.7       Whilst Authors Uncovered uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

  1. Availability of the Website and Modifications

12.1       The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

12.2       Authors Uncovered accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

12.3       Authors Uncovered reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available.  These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

  1. Limitation of Liability

13.1       To the maximum extent permitted by law, Authors Uncovered accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

13.2       Nothing in these terms and conditions excludes or restricts Authors Uncovered’s liability for death or personal injury resulting from any negligence or fraud on the part of Authors Uncovered.

13.3       Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Authors Uncovered.

  1. Communications

17.1       All notices / communications shall be given to us by email to discover@authors-uncovered.com.  Such notice will be deemed received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

17.2       Authors Uncovered may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the “Unsubscribe” link in any email you receive from us, in the absence of which simply reply to the email indicating you wish to be removed from the list.

  1. Law and Jurisdiction

These terms and conditions and the relationship between you and Authors Uncovered shall be governed by and construed in accordance with the Law of England and Wales and Authors Uncovered and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.