These terms of use apply to all users of www.behemoth-books.com ("our site") and constitute a legally binding agreement between Behemoth Books Ltd and such users ("you"). This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our site, whether as a guest, a registered user (the "Registered User") or a registered author (the "Registered Author"), as set out below. Please read these terms of use carefully before you start to use our site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site. INFORMATION ABOUT US www.behemoth-books.com is a site operated by Behemoth Books Ltd, including for the avoidance of doubt any of Behemoth Books Ltd's franchisees or assignees or any or all of its business (if applicable), ("we"). We are registered in England and Wales under company number 6492094 and have our registered office at 2nd Floor, 145-157 St. John Street, London EC1V 4PY. We are a company limited by shares. ACCESSING OUR SITE Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You hereby authorise us to proceed on the basis that any person using our site with your user identification code and password is either you or a person authorised to act on your behalf. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use or for any other reason. If you become aware of any third party abusing your identification code and/or your password please e-mail us to info@behemoth-books.com. Please note that if you are the Registered Author you must also comply with the Authors Agreement. INTELLECTUAL PROPERTY RIGHTS We are the owner of all intellectual property rights associated with our site (including without limitation these terms of use, the Authors Agreement and the Privacy Policy), exclusive of the material provided by the Registered Users, the Registered Authors or other third parties which is owned by such Registered Users, Registered Authors, other third parties or their respective licensors. Behemoth Books Ltd owns the design, format and layout of our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without the prior permission of the relevant Registered Author to do so. Status of Behemoth Books Ltd as the authors of our site as well as the status of any identified third party that are the authors of any material on our site must always be acknowledged by you. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors or the relevant Registered Author. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. RELIANCE OF INFORMATION POSTED Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. OUR SITE CHANGES REGULARLY We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. OUR LIABILITY The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude: all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; any liability for any direct, indirect or consequential loss or damage incurred by any user (including, for the avoidance of doubt, any Registered User or any Registered Author) in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation: (a) any liability for loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; (f) loss of goodwill; (g) wasted management or office time; and/or (h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. INDEMNITY In consideration for us giving you access to our site, you agree to indemnify and hold us, our officers, employees or agents harmless for any direct or indirect loss (including for the avoidance of doubt consequential damages, damages resulting from negligence and any loss of profits) arising out of your use of our site or your involvement in any transaction contemplated by our site. PERSONAL INFORMATION You agree that we are a data processor in respect of certain personal data (as defined in the Data Protection Act 1998) which is transferred to us by you as a result of your registration on our site or the use of the services provided by our site. We will only use such personal data in accordance with your instructions, these terms of use or the Authors Agreement (if applicable). We will, however, disclose any such personal data if prompted or required to do so for legal or regulatory reasons (including any anti money laundering regulations). We will not be responsible for any such personal data which you upload on our site (other than data provided by you in the process of registration on our site as the Registered User or the Registered Author or in respect of the services provided by our site) included without limitation through your use of the Forum. On the cancellation of your registration (whether as a Registered User or a Registered Author) we will have a right to retain your personal data for a reasonable period thereafter for legal or any other regulatory reasons as we see fit. By using our site, you consent to such treatment of your personal data and you warrant that all data provided by you is accurate. It is our practice to comply with the Privacy Policy in respect of any personal information you submit to us. BEHEMOTH-BOOKS NEWSLETTER Please note that as part of the service of our site we will be sending you a monthly newsletter unless you have elected not to receive it at the time of your registration or you have unsubscribed from receiving the newsletter in the manner set out at the bottom of the newsletter e-mail. TRANSACTIONS CONCLUDED THROUGH OUR SITE Without prejudice to anything foregoing, you agree the following in respect of any contracts for the supply of goods, information, services and/or the Work (as defined in the Authors Agreement) formed through our site or as a result of visits made by you: any agreement to buy the Work (as defined in the Authors Agreement) is made between you and the relevant Registered Author and not, for the avoidance of doubt, between you and us; and we make no representation or warranty as to the quality, fitness for purpose, the ownership of the copyright or any other right subsisting in the Work (as defined in the Authors Agreement) and it is your responsibility to obtain any such representations or warranties from the Relevant Author. UPLOADING MATERIAL TO OUR SITE If you are a Registered User or a Registered Author and you wish to upload material to our site, or to make contact with other users of our site whether through use of the Forum or otherwise, you must comply with the Content Standards (as defined below). You are not permitted to upload to our site: materials (including without limitation, graphics, pictures, videos, text, links or other references) which in our reasonable opinion contain profanity, hate speech, threats of violence, racist statements, pornographic or adult material, defamatory statements, is harassing or threatening materials or materials relating to terrorism; materials which are unlawful or are inviting to break the law or are otherwise deemed fraudulent by us; personal data of another person other than yourself; materials which violate any copyright, trademark, trade secret or other intellectual property right of another person; information which invades any individual’s right of privacy; contributions purporting to impersonate our staff or act on our behalf; materials which are not owned by you except to the extent that you have explicit permission to publish such materials on our site; any contents or part of contents that will (or is likely to) result in personal injury to anyone; materials that are to your knowledge, upon a reasonable enquiry, untrue or inaccurate; offer any materials directly to a buyer bypassing the payment through the Behemoth-Books account; and/or blast factors or spam or pre-recorded phone messages to sell and promote your materials, all of the above constituting our "Content Standards". By uploading any contributions on our site, you warrant that all such contributions comply with the Content Standards and you indemnify us for any breach of that warranty. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the complete discretion to remove any material or posting you make on our site if, in our opinion, such material does not comply with the Content Standards or for any other reason. If you are the Registered Author you must comply with the provisions of the Authors Agreement in addition to the provisions of these terms of use. VIRUSES, HACKING AND OTHER OFFENCES You will not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You will not attack our site via a denial-of-service attack or a distributed denial-of service attack or any other attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We 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 our site or to your downloading of any material posted on it, or on any website linked to it. LINKING TO OUR SITE You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, partnership, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Content Standards set out above. If you wish to make any use of material on our site other than that set out above, please address your request to info@behemoth-books.com. LINKS FROM OUR SITE Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control and we do not have any responsibility over the contents of those sites or resources, and accept no responsibility for any loss or damage that may arise from your use of them. We do not agree, confirm, approve or support any contents of or views expressed on such third party sites and we are not affiliated with such third party sites and/or such third parties. JURISDICTION AND APPLICABLE LAW The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim whatsoever relating to these terms of use or the formation thereof are governed by English law. TRADE MARKS "Behemoth-Books", "Behemoth-Books.com" and "Behemoth Books Ltd" or any variations thereof are each an unregistered trademark of Behemoth Books Ltd. CAPACITY You hereby represent and warrant that you have the legal capacity to enter into this agreement and that the entering by you into these terms of use and/or the Authors Agreement (if applicable) does not infringe any laws applicable to you. SEVERABILITY In case any one or more of the provisions contained in these terms of use are found to be invalid, illegal or unenforceable in any respect, the validity, legality and/or enforceability of the remaining provisions contained in these terms of use shall not in any way be affected or impaired thereby. EMBARGO COUNTRIES AND GENERAL ACCESS In consideration inter alia for us granting you access to our site, the Services and/or the Work, you hereby represent and warrant that you are not a person based in, resident or a citizen of an embargo country. By purchasing any Work or other products through our site, you accept all responsibilities regarding the legality of your purchase. If you have any doubts as to such legality it is your responsibility to consult your legal advisors. Do not order and/or purchase any products that are illegal and/or offensive in your country or any country where you access our site. VARIATIONS We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. ARCHIVING We reserve a right to archive and back-up any and all materials and information uploaded onto our site. However, and for the avoidance of doubt, we shall be under no obligation to archive and/or back-up any of the materials uploaded onto our site by you and you should not use our site as a back-up or archiving tool for any of your materials. MISCELLANEOUS We have not and we do not intend to purchase any personal data from third party entities. Save as otherwise set out in these terms of use and the Privacy Policy, we shall not share or sell any of your personal information to any third party. YOUR CONCERNS If you have any concerns about material which appears on our site, please contact info@behemoth-books.com Thank you for visiting our site. The below sets out our privacy policy in respect of maintaining the personal information which you provide to us from time to time. This privacy policy is in addition to the terms set out in the Terms of Use. DISCLOSURE We do not generally intend to share your personal information with third parties unless so required to do by virtue of a legal requirement or when to our reasonable determination a substantiated complaint has been made about your use of our site whether by a court order, or other legal process. We will also be permitted to disclose your personal information to third parties to establish or exercise our legal rights or defend against legal claims. Notwithstanding the above, we may provide your personal information to a third party or parties when Behemoth Books Ltd or a part or whole of Behemoth Books Ltd's business is acquired by such third party or parties. In this event, we will notify you on or within a reasonable time of the transfer of such personal information. Please note that we cannot guarantee that any personal information which you post on the Forum will be protected. Furthermore, we will not be obliged to check, delete or redact your personal information from the Forum content you provide. If you do not want your personal information to be displayed as part of the content on the Forum, then you must delete it prior to uploading. ACCESS We will grant access to your personal information to employees to the extent reasonably required in order to provide products or Services (as defined in the Authors Agreement) to you.
These terms of use apply to all users of www.behemoth-books.com ("our site") and constitute a legally binding agreement between Behemoth Books Ltd and such users ("you"). This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our site, whether as a guest, a registered user (the "Registered User") or a registered author (the "Registered Author"), as set out below. Please read these terms of use carefully before you start to use our site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site. INFORMATION ABOUT US www.behemoth-books.com is a site operated by Behemoth Books Ltd, including for the avoidance of doubt any of Behemoth Books Ltd's franchisees or assignees or any or all of its business (if applicable), ("we"). We are registered in England and Wales under company number 6492094 and have our registered office at 2nd Floor, 145-157 St. John Street, London EC1V 4PY. We are a company limited by shares. ACCESSING OUR SITE Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You hereby authorise us to proceed on the basis that any person using our site with your user identification code and password is either you or a person authorised to act on your behalf. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use or for any other reason. If you become aware of any third party abusing your identification code and/or your password please e-mail us to info@behemoth-books.com. Please note that if you are the Registered Author you must also comply with the Authors Agreement.
INTELLECTUAL PROPERTY RIGHTS We are the owner of all intellectual property rights associated with our site (including without limitation these terms of use, the Authors Agreement and the Privacy Policy), exclusive of the material provided by the Registered Users, the Registered Authors or other third parties which is owned by such Registered Users, Registered Authors, other third parties or their respective licensors. Behemoth Books Ltd owns the design, format and layout of our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without the prior permission of the relevant Registered Author to do so. Status of Behemoth Books Ltd as the authors of our site as well as the status of any identified third party that are the authors of any material on our site must always be acknowledged by you. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors or the relevant Registered Author. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. RELIANCE OF INFORMATION POSTED Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. OUR SITE CHANGES REGULARLY We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. OUR LIABILITY The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INDEMNITY In consideration for us giving you access to our site, you agree to indemnify and hold us, our officers, employees or agents harmless for any direct or indirect loss (including for the avoidance of doubt consequential damages, damages resulting from negligence and any loss of profits) arising out of your use of our site or your involvement in any transaction contemplated by our site.
PERSONAL INFORMATION You agree that we are a data processor in respect of certain personal data (as defined in the Data Protection Act 1998) which is transferred to us by you as a result of your registration on our site or the use of the services provided by our site. We will only use such personal data in accordance with your instructions, these terms of use or the Authors Agreement (if applicable). We will, however, disclose any such personal data if prompted or required to do so for legal or regulatory reasons (including any anti money laundering regulations). We will not be responsible for any such personal data which you upload on our site (other than data provided by you in the process of registration on our site as the Registered User or the Registered Author or in respect of the services provided by our site) included without limitation through your use of the Forum. On the cancellation of your registration (whether as a Registered User or a Registered Author) we will have a right to retain your personal data for a reasonable period thereafter for legal or any other regulatory reasons as we see fit. By using our site, you consent to such treatment of your personal data and you warrant that all data provided by you is accurate. It is our practice to comply with the Privacy Policy in respect of any personal information you submit to us.
BEHEMOTH-BOOKS NEWSLETTER
Please note that as part of the service of our site we will be sending you a monthly newsletter unless you have elected not to receive it at the time of your registration or you have unsubscribed from receiving the newsletter in the manner set out at the bottom of the newsletter e-mail.
TRANSACTIONS CONCLUDED THROUGH OUR SITE Without prejudice to anything foregoing, you agree the following in respect of any contracts for the supply of goods, information, services and/or the Work (as defined in the Authors Agreement) formed through our site or as a result of visits made by you:
UPLOADING MATERIAL TO OUR SITE If you are a Registered User or a Registered Author and you wish to upload material to our site, or to make contact with other users of our site whether through use of the Forum or otherwise, you must comply with the Content Standards (as defined below). You are not permitted to upload to our site:
By uploading any contributions on our site, you warrant that all such contributions comply with the Content Standards and you indemnify us for any breach of that warranty. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the complete discretion to remove any material or posting you make on our site if, in our opinion, such material does not comply with the Content Standards or for any other reason.
If you are the Registered Author you must comply with the provisions of the Authors Agreement in addition to the provisions of these terms of use.
VIRUSES, HACKING AND OTHER OFFENCES You will not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You will not attack our site via a denial-of-service attack or a distributed denial-of service attack or any other attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We 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 our site or to your downloading of any material posted on it, or on any website linked to it. LINKING TO OUR SITE You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, partnership, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Content Standards set out above. If you wish to make any use of material on our site other than that set out above, please address your request to info@behemoth-books.com. LINKS FROM OUR SITE Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control and we do not have any responsibility over the contents of those sites or resources, and accept no responsibility for any loss or damage that may arise from your use of them. We do not agree, confirm, approve or support any contents of or views expressed on such third party sites and we are not affiliated with such third party sites and/or such third parties.
JURISDICTION AND APPLICABLE LAW The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim whatsoever relating to these terms of use or the formation thereof are governed by English law. TRADE MARKS "Behemoth-Books", "Behemoth-Books.com" and "Behemoth Books Ltd" or any variations thereof are each an unregistered trademark of Behemoth Books Ltd. CAPACITY You hereby represent and warrant that you have the legal capacity to enter into this agreement and that the entering by you into these terms of use and/or the Authors Agreement (if applicable) does not infringe any laws applicable to you. SEVERABILITY In case any one or more of the provisions contained in these terms of use are found to be invalid, illegal or unenforceable in any respect, the validity, legality and/or enforceability of the remaining provisions contained in these terms of use shall not in any way be affected or impaired thereby. EMBARGO COUNTRIES AND GENERAL ACCESS In consideration inter alia for us granting you access to our site, the Services and/or the Work, you hereby represent and warrant that you are not a person based in, resident or a citizen of an embargo country. By purchasing any Work or other products through our site, you accept all responsibilities regarding the legality of your purchase. If you have any doubts as to such legality it is your responsibility to consult your legal advisors. Do not order and/or purchase any products that are illegal and/or offensive in your country or any country where you access our site. VARIATIONS We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. ARCHIVING We reserve a right to archive and back-up any and all materials and information uploaded onto our site. However, and for the avoidance of doubt, we shall be under no obligation to archive and/or back-up any of the materials uploaded onto our site by you and you should not use our site as a back-up or archiving tool for any of your materials.
MISCELLANEOUS
We have not and we do not intend to purchase any personal data from third party entities.
Save as otherwise set out in these terms of use and the Privacy Policy, we shall not share or sell any of your personal information to any third party.
YOUR CONCERNS If you have any concerns about material which appears on our site, please contact info@behemoth-books.com Thank you for visiting our site.
The below sets out our privacy policy in respect of maintaining the personal information which you provide to us from time to time. This privacy policy is in addition to the terms set out in the Terms of Use. DISCLOSURE We do not generally intend to share your personal information with third parties unless so required to do by virtue of a legal requirement or when to our reasonable determination a substantiated complaint has been made about your use of our site whether by a court order, or other legal process. We will also be permitted to disclose your personal information to third parties to establish or exercise our legal rights or defend against legal claims. Notwithstanding the above, we may provide your personal information to a third party or parties when Behemoth Books Ltd or a part or whole of Behemoth Books Ltd's business is acquired by such third party or parties. In this event, we will notify you on or within a reasonable time of the transfer of such personal information. Please note that we cannot guarantee that any personal information which you post on the Forum will be protected. Furthermore, we will not be obliged to check, delete or redact your personal information from the Forum content you provide. If you do not want your personal information to be displayed as part of the content on the Forum, then you must delete it prior to uploading. ACCESS We will grant access to your personal information to employees to the extent reasonably required in order to provide products or Services (as defined in the Authors Agreement) to you.