Terms

OWNERSHIP

This Web site is owned and operated by PowderDry Books. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and PowderDry Books.

PowderDry Books has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and PowderDry Books. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately.

If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.

ACCESS AND USE

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of PowderDry Books or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audio-visual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited.

INTELLECTUAL PROPERTY RIGHTS

PowderDry Books is the owner of all intellectual property rights in the Site and in the content published on it. Those works are protected by UK and international copyright and other intellectual property laws. All such rights are reserved.

For all content on the Site, in general, you are not permitted to reproduce or publish in any way any of the content that appears on the Site unless you have first obtained PowderDry Books written permission to do so but you may share links for personal, non-commercial purposes, but always in accordance with these Terms of Use.

BULLETIN BOARDS, CHAT ROOMS & BLOGS

PowderDry Books does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed prior to posting and do not necessarily reflect the opinions or policies. PowderDry Books makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, PowderDry Books reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

PowderDry Books assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time PowderDry Books chooses, in its sole discretion, to monitor the Forums, PowderDry Books nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that PowderDry Books accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.

You agree that you will not submit Messages to Forums that:

  • are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
  • violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to PowderDry Books that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
  • improperly assume or claim the identity, characteristics or qualifications of another person;
  • are for purposes of spamming;
  • contain any virus or other harmful component;
  • are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
  • are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.

You agree that any Message whatsoever submitted by you becomes the property of PowderDry Books and may be used, copied, sublicensed, adapted, edited, transmitted, distributed, publicly performed, published, displayed or deleted as PowderDry Books sees fit.

You agree to release PowderDry Books, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

DISCLAIMER OF LIABILITY AND WARRANTIES

While PowderDry Books does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all materials in this Site, are provided ‘as is’ and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that HCP DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that PowderDry Books, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that PowderDry Books is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that PowderDry Books is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

INDEMNITY

You agree to defend, indemnify and hold harmless PowderDry Books, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

VIRUSES, HACKING AND OTHER OFFENCES

You will only use the Site (and any information and content obtained from it) lawfully and only for the purposes for which it has been provided and in accordance with these Terms of Use.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious, technologically harmful or disruptive. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site or otherwise circumvent any technological security measures. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. Except as permitted under these Terms of Use or applicable law, you must not copy, modify, reproduce, disassemble, broadcast, sublicense, republish, transmit, publicly perform, display or make available, remove, alter, adapt, sell, exploit, create derivative works from, or distribute our content or trademarks or any content or trademarks owned by our commercial partners unless you have their explicit permission. You must not use or access the Site in any other unlawful manner and/or restrict or inhibit any other user from using and enjoying the Site. In the event of a breach of the terms of this paragraph, your right to use the Site will cease immediately.

PowderDry Books will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

LOCATIONS OUTSIDE THE UNITED KINGDOM

PowderDry Books makes no representation that the contents of this Website, including without limitation, its Privacy Policy, and any transactions offered, are appropriate or authorized in locations other than the United Kingdom.  Those who choose to access this Website from locations outside the United Kingdom do so at their own risk and are responsible for compliance with all applicable laws.

RIGHT TO TERMINATE OR SUSPEND

PowderDry Books, in its sole discretion, reserves the right to terminate or suspend your access to and/or use of this Website, or any part of it for any reason, including, without limitation, if PowderDry Books believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.  Any such termination or suspension may be effected without prior notice to you and PowderDry Books shall not be liable to you or any third-party for any such termination or suspension. In the event of termination or suspension, you are no longer authorized to have access to this Website, and all limitations on PowderDry Books liability and on your use of Website material shall survive.

PowderDry Books may also in its sole discretion and at any time modify or discontinue, temporarily or permanently, this Website (or any part of it), with or without notice.

COPYRIGHT INFRINGEMENT PROCEDURE

PowderDry Books will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the ‘DMCA’) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to HCP’s Designated Agent.

IF YOU WISH TO CONTACT US

Please address any enquires to:

PowderDry Books

Regency Court

62-66 Deansgate

Manchester

M3 2EN

United Kingdom