Terms of Service

Definitions

"Account" means an Our Own Book Club user account;

"Account Holder" means a person who has a Our Own Book Club account or multiple Our Own Book Club accounts;

"Site" means the web pages available at www.ourownbookclub.com, and all linked pages or sub-domains in that domain;

"Service" means the Our Own Book Club software which is accessed and used via our password protected website;

"Owner" means Blot Design Limited, a company registered in Scotland, with registered number SC252937;

"Terms" means these Terms of Service ;

"you" means you, the person who accesses and uses this Site and/or the Service;

"we", "our" or "us" means the Owner, Blot Design Limited;

"User Content" means material (including without limitation videos, audio clips, written posts and comments, information, data, text, web pages, images, software, scripts, and graphics) that you submit to our Site and Service, for whatever purpose.

Acceptance of Terms

The web pages at The Site, are owned and operated by The Owner and is accessed by you under the terms and conditions of these Terms. Please read these Terms carefully before using the Site. By accessing the Site or using any part of the Site or any content or Service on the Site, you agree to become bound by the terms and conditions of these Terms. If you do not agree to all the terms and conditions of these Terms, then you may not access the Site or use the content or any Service in the Site.

We reserve the right, at our sole discretion, to modify or replace these Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content). You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Site and Service by you following such notification constitutes your acceptance of the terms and conditions of the Terms as modified.

Registration and formation of contract

To access the Service you must register by creating an Account. To create an Account, you must provide accurate information included on the registration page(s). You are responsible for updating the accuracy of the information that you provide to us to be associated with your Account. Regarding usernames, you shall not (i) select or use, as your username, the name of another person with the intent to impersonate that person; (ii) select or use, as your username, a name subject to any rights of a person or entity other than you without appropriate authorisation or (iii) select or use, as your username, a name that is otherwise offensive, vulgar or obscene.

If we accept an application for the creation of an Account, we will confirm this by email and at that point a legally binding contract will be created between the Account Holder and us.

Account Security

When an application has been accepted you will be able to access the Service using a username and password. You are solely responsible for the activity that occurs on your Account. You are not permitted to use another Account without permission. You must notify us immediately of any breach of security or other unauthorised use of your Account. You should never publish, distribute or post login information for your Account.

Licenses

Once your Account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your Account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service provided to you by or on behalf of the Owner, for the sole purpose of enabling you to use the Service and enjoy the benefit of the Service, subject to any applicable license terms provided with the Service and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in the Owner or the Service.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media.

Acceptable Use

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by the Owner. You warrant and represent that your you and your User Content will comply with these Terms. By way of example, and not as a limitation, you agree not to:

• abuse, harass, impersonate, intimidate or threaten other Account Holders;
• post or transmit, or cause to be posted or transmitted, any User Content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
• use the Site for any unauthorised purpose, or in violation of any applicable law, including intellectual property laws; post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Account Holder;
• create or submit unwanted email ("Spam") to any other Account Holders;
• infringe upon the intellectual property rights of the Owner, its users, or any third party;
• submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
• post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures we may use to prevent or restrict access to the Site;
• advertise to, or solicit, any user to buy or sell any products, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

Violation of our rules may result in the removal of your content from your Account and/or the canceling of your Account. You acknowledge and agree that the Owner may remove any User Content and terminate any User Account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content).

Fees

Use of the Service during any 'free trial' or 'early adopter' period granted to you will not incur any fees or charges.

A subscription fee for use of the Service is payable monthly in advance by the Account Holder if not in a 'free trial' or 'early adopter' period. The subscription rates are posted on our website and may be varied by the Owner from time to time. We will automatically renew subscriptions every month using the credit or debit card details provided to us.

Owner reserves the right, at any time, to modify fees for access to the Site or for any of its Service. The Account Holder is responsible for paying any applicable fees and taxes and for all hardware, software, service and other costs they may incur in connection with the Service, including costs incurred in connecting to the Site via the Internet.

Warranties

You acknowledge that we do not usually review, approve or edit information submitted to the site by Account Holders. We do not warrant the completeness or accuracy of the information published on the Site or Service; nor do we commit to ensuring that the Service remains available or that the material on the Site is kept up-to-date.

The Site and Service and all content are provided "as is", "as available" and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the Site and Service will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Site and Service is free of viruses or other harmful components; or (iv) the results of using the Site and Service will meet your requirements. Your use of the Site and Service is solely at your own risk.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the Site and the use of the Service (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Content Rights

While you own the User Content you store with the Service, you acknowledge and agree that we (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is hosted on our servers.

In agreeing to these Terms, you also agree that the rights in the Service and Service software, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Service software, unless you are expressly permitted to do so under an open source license or we give you express written permission.

All copyright, database rights, trade marks and other intellectual property rights in any external data sources or embedded third party services used in the Service are the intellectual property of the relevant third party provider.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Limitation of Liability

You use the Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Service (even if we have been advised of their possibility.)

Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to the Service shall not exceed an amount equal to the subscription fees which the Account Holder has paid to us in the previous month.

You shall be personally be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms by you.

Termination

The Owner may terminate or suspend the Site and any and all services and your Account immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Upon termination of your account, your right to use the Site will immediately cease and may result in the forfeiture and destruction of all information associated with your Account.

If you wish to terminate your Account, you may simply discontinue using the Site or contact the Owner via the contact form to say you wish to terminate your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Transfer

The Owner shall be entitled to transfer their rights and/or obligations under these Terms to another party. You may not transfer any of your rights or obligations under these Terms without written consent from the Owner.

Waiver

The Account Holder or the Owner's failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.

Governing Law

These Terms will be governed by and construed in accordance with Scots law, and any disputes relating to these Terms will be subject to the non-exclusive jurisdiction of the courts of Scotland. The Account Holder is responsible for compliance with any applicable laws of the country from which they use or otherwise access the Service.

Entire Agreement

These Terms, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.