Terms and Conditions
TheOpenAuthor.com is owned and operated by David B. Lyons whose registered office is at Woodville Road, Kings Heath, Birmingham, B14 7AH. It is a registered company with HMRC.
Please read these terms and conditions carefully to ensure that you understand and agree to them, as they contain the legal terms and conditions that you are deemed to have agreed to whenever you use the Site. If you do not accept these terms and conditions you should not use this Site. Any reference to ‘we’ in the below refers to the company David B.Lyons and any reference to ‘you’ refers the visitor to the website TheOpenAuthor.com
Purpose of the Site
The purpose of the Site is to provide you with information related to services that author, editor and educator David B. Lyons offers.
Other Terms and Conditions
Please note that additional terms and conditions may apply to specific sections of the Site. Please ensure that you review these where they are drawn to your attention.
Code of conduct
You agree that you are responsible for everything that you transmit to the Site and you agree not to and warrant, represent and undertake that you will not:
- use the Site in any way that will violate or infringe any laws or regulations of any jurisdiction or the rights of any person, nor post, submit or upload or otherwise transmit or publish content or information which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented or pornographic, racially offensive or which otherwise includes objectionable material;
- post, submit or upload or otherwise transmit or publish content or information which you do not have the right to use or which contains advertising of any kind, or transmit to the Site any material containing software viruses or files designed to damage or disrupt or corrupt data or the good working order of any computer or telecommunications equipment; or impersonate any other person or entity whilst using the Site.
- We will be entitled at our discretion to remove anything which is transmitted to, from or via the Site or posted on the Site which, in our opinion, is objectionable or does not comply with these terms and conditions in any way. We will not be liable for doing this. However, for the avoidance of doubt, we will not be required to monitor use of or access to the Site generally.
Availability and access
We have taken reasonable care in the preparation of the Site. However, we cannot guarantee that you will have uninterrupted access to the Site at all times and we reserve the right to suspend the Site at any time, without notice or liability. We reserve the right in our absolute discretion to monitor, suspend, revoke or otherwise limit access to this Site for any person at any time. Access to the Site and the information on the Site is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) it is prohibited to access the Site or direct such information for any reason. If you are a person in a jurisdiction in which such prohibitions apply, you must not access this Site.
We may delete or update any information on the Site, add material or amend, alter, redesign or change anything contained on the Site at any time, without notice and without any liability to any person. We shall have no responsibility for ensuring that the Site is kept up to date.
We reserve the right to amend these terms and conditions without notice to you from time to time. Any such amendment shall be effective once the revised terms and conditions have been posted on the Site, and it shall be your responsibility to check these terms and conditions for any such amendments.
Information on the Site
Nothing on the Site should be construed as the making of an offer.
We have made reasonable efforts to ensure that all information on the Site is accurate at the time of inclusion, however, there may be errors in such information for which we apologise but shall have no liability. We cannot guarantee that any information displayed on the Site has not been changed or modified through malicious attacks or “hacking”.
Ownership of Materials on the Site and Intellectual Property Rights
David B. Lyons is, unless otherwise stated, the owner of all copyright, database and other intellectual property rights in the Site and its contents, with all rights reserved. This includes, without limitation, copyright and other intellectual property rights in the videos, presentations, photographs, audios, documents, images, buttons, layout and text contained on or in this Site. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site in any form (including photocopying or storing it in any medium by electronic means) other than (i) as specifically permitted by applicable law, and (ii) by making copies as part of any necessary incidental acts during your viewing of the Site or for solely educational, non-commercial purposes. In particular, you shall not incorporate any material from any part of the Site in any commercial work or publication, whether in hard copy or electronic or any other form, and no part of a page from this Site may be distributed or copied for any commercial purpose.
All brand, product and service names, logos and images used in this Site are the property of David B. Lyons, unless otherwise stated, with all rights reserved. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any of the trade marks, trade names or service marks on this Site without the prior written permission of David B. Lyons or, where applicable, the owner of such trade marks, trade names or service marks.
Contributions to the Site
Where you submit information to the Site, you warrant, represent and undertake that it:
- is your own original work and that you have the right to make it available to David B. Lyons for all the purposes for which you submit it; is not defamatory; and does not infringe any law.
David B. Lyons is not responsible for the content of external websites. This Site may include links to other websites from time to time and so when you access certain links in this Site you may leave the Site. These links are provided for your convenience. External websites are not part of this Site and we do not endorse or accept any responsibility for the content of those websites (nor the products or services on them), are not responsible for the availability of the websites and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.
The Google translate facility on the Site generates a statistical machine based translation that is not retained in our system. Informa, our agents, and our licensors make no representations or warranties whatsoever as to the accuracy, completeness, or suitability for any purpose of the translation. Informa shall not be liable for any losses, actions, claims, proceedings, demands, costs, expenses, damages, and other liabilities whatsoever or howsoever caused arising directly or indirectly in connection with, in relation to or arising out of the use of the translation. Your use of this feature is subject to these Terms.
Disclaimer of Warranties and Liability
This Site is provided “as is” and your access and use of it is at your own risk. To the fullest extent permitted by law, David B. Lyons makes no representations, undertakings or warranties about the content of and information provided through this Site, including any hypertext links or any other items used either directly or indirectly from the Site. David B. Lyons accepts no liability for any inaccuracies or omissions in the Site and any decisions based on information contained in the Site are your sole responsibility.
To the fullest extent permitted by law all representations, warranties and undertakings (express or implied) in respect of the Site and the content of and your use of the same are excluded. In particular, but without limitation, we do not warrant that the Site or any videos, software, information or material available on or downloaded from the Site will be free from errors, faults, viruses, other computer or data-corrupting or data-damaging material or defects, compatible with your equipment or fit for any purpose.
Except in the case of fraud, death or personal injury caused by our negligence or other cases where by law liability cannot be excluded or limited, we exclude all liability to you in respect of your use of this Site or any information or other content obtained either directly or indirectly from this Site, howsoever arising and whether in contract, tort, negligence, misrepresentation or otherwise.
Under no circumstances shall we have any liability for any loss of profit, business opportunity, goodwill, anticipated savings or data, or for any special, indirect, incidental or consequential loss or damages of whatsoever kind resulting from the use of this Site or any information or other content obtained either directly or indirectly from this Site, howsoever arising and whether in contract, tort, negligence, misrepresentation or otherwise.
You shall be liable to us for any loss, liability or cost we (or any of our affiliates) suffer as a result of your use of this Site or any breach of these terms and conditions. By using this Site you agree to indemnify and hold harmless David B. Lyons and its affiliates against all legal fees, claims, liabilities, damages, costs, losses and other expenses that may be incurred or suffered by David B. Lyons or his affiliates as a result of your use of the Site or breach of these terms and conditions.
These terms and conditions are governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts.