"Prohibited Content" means the content specified as such and as determined in accordance with clause 4 of these Terms (Acceptable Use Policy).
"We", "us" and "our" mean The Random House Group Limited, a company registered in England and Wales with company number 00954009 and its registered office at 20 Vauxhall bridge Road, London, SW1V 2SA and Penguin Books Limited, a company also registered in England and Wales with company number 0081590 and its registered office at 80 Strand, London, WC22 ORL.
"Website" means this website – www.my-bookmarks.co.uk
"You" and "your" mean the person using a Website under these Terms.
1. Your Access to the Website
By accessing or using the Website and/or registering to be part of our consumer panel, you agree that you have read and understood the Terms and that you agree to them. Your continued access to and/or use of any of the Website will mean that you agree to be bound by the most current version of the Terms as may be updated from time to time.
Registration to be a consumer panel member is free and only available to persons who are 18. You may only register once and may not authorise others to use your registered account except as specifically permitted in relation to particular activities (for example, if you are asked to allow your child to provide a survey response).
You are responsible for all use of the Website on your account whether by you or a third party, whether or not authorised. If you have reason to suspect your account has become compromised, please notify us immediately by email to email@example.com.
2. Updates to the Terms
These Terms may be changed at any time by us. If we make any changes to the Terms we will include a notice at www.my-bookmarks.co.uk and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration. The Terms were last updated on 11 June 2015.
3. Changes to the Website
You acknowledge and accept that we may from time to time alter any aspect of the Website as we think fit and without notice to you.
4. Acceptable Use Policy
4.1.1. It is a condition of use of the Website that you will not post any Prohibited Content on any bulletin board, forum or comment or review section of the Website as set out below. Prohibited Content includes (but is not limited to):
4.1.2. falsehoods or misrepresentations that could damage us or any third party;
4.1.3. content or links to websites that are unlawful, obscene, indecent, profane, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, in breach of privacy or confidence or encourage such conduct and/or that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;
4.1.4. any illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, or any encouragement to do so;
4.1.5. material that is otherwise subject to third party rights unless you have the relevant permission to use such material and publish it on the Website;
4.1.6. impersonation of another person;
4.1.7. advertisements or solicitations of business; or
4.1.8. personal information about another person and/or attempts to solicit personal information from anyone.
4.2. Any content which includes any of the content set out at clause 4.1 is Prohibited Content. We may, in our absolute discretion, deem any other content not listed in clause 4.1 to be Prohibited Content. We may edit, move or delete any content that you provide at our sole discretion (whether or not it is Prohibited Content).
4.3. We reserve the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of this Acceptable Use Policy, and in particular, posts Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies and removing the Prohibited Content from the Website.
4.4. We reserve the right to suspend your account or terminate your access to the Website, if you are, in our absolute discretion, deemed to have infringed this Acceptable Use Policy.
4.5. If you believe that any posting or review displayed on the Website contains Prohibited Content, please notify us immediately by contacting us at firstname.lastname@example.org.. We will consider your notification and if we consider it to be appropriate we will take all reasonable steps to remove the Prohibited Content complained about within a reasonable time.
4.6. Please note that only valid friend referrals will be accepted. Duplicate accounts created using an alternative email address are not permitted. In the event that a duplicate account is created, both the referrer and the referee account will be removed from the community and all points, rewards or prizes will be forfeited.
5.1. You acknowledge and accept that computer and telecommunication systems are not fault-free and may from time to time require periods of downtime (being periods during which the Website is not available to you) for the purposes of repair, maintenance and upgrading or otherwise.
5.2. We do not guarantee uninterrupted availability of the Website, but shall make reasonable efforts to minimise any periods during which the Website is not available. You accept that you will have no claim for breach of contract or otherwise in respect of any such period of unavailability.
6. Hypertext links
6.1. The Website may incorporate links to other websites of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party websites, nor an endorsement of the content of such third party websites by us. You acknowledge that the use of such third party websites is governed by the terms and conditions of use as applicable to such websites.
6.2. You acknowledge and accept that we are not, and will not be held responsible for any damages, loss, costs or expenses arising from the use of such third party websites or products or services available through such third party websites.
We take your online privacy seriously. However, although we use appropriate encrypted security software on the Website, the security of information transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet link will be borne solely and exclusively by you.
8. Additional rules
The Website may contain various bulletin boards, prize draws and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature before participating in them, as they form part of these Terms to which you agree through your continued use of this site.
9. Use of the Website
9.1. You must use the Website for lawful purposes only.
9.2. You must comply at all times with the Acceptable Use Policy set out in clause 4 above.
9.3. You must not send for display on the Website any material that is unlawful including but not limited to material which is defamatory, obscene, indecent, menacing, in breach of privacy or confidence, infringes copyright or trademark rights.
9.4. You must not send material containing software viruses or otherwise use the Website in any way that interrupts access to it.
10. Your Account
10.1. In order to be part of our consumer panel, use any board, forum or comment or review section of the Website and to be entered into the monthly prize draw open to consumer penal members, you need to register your details with us. On registration, you must provide us with accurate and complete registration information as indicated on the registration screen and in the registration survey and it is your responsibility to inform us of any changes to that information.
10.2. On first registration you will choose a user name and password (ID). None of our employees or agents will ever ask you for this password. Do not disclose this password to anyone under any circumstances whatsoever.
10.3. You are responsible for all use of your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information you must notify us immediately by contacting email@example.com.
12. Intellectual property rights
12.1. The Website contains material that is owned or licensed by us. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on the Website, including computer code and software.
12.2. All brand names, product names and titles used in the Website are trade names, and in some instances trade marks, of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders' rights.
12.3. By posting messages, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with us through the Website (each a “Communication”), you are granting us a perpetual, non-exclusive, royalty free, unrestricted worldwide licence to use, display, sublicense, adapt, create derivative works from, transmit and copy such Communication and you waive your right to be identified as the author of such content and your right to object to derogatory treatment of it. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction in any media.
13. Limitations of liability
13.1. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.
13.2. We are providing the Website on an “AS IS, AS AVAILABLE” basis to users. You use the Website at your own risk.
13.3. Subject to 13.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:
13.3.1. neither we nor our employees or agents are in breach of a legal duty owed to you;
13.3.2. such loss or damage is not a reasonably foreseeable result of any such breach; or
13.3.3. any increase in loss or damage results from a breach by you of any term of these Terms.
13.4. Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
13.5. Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with these Terms or your use of the Website generally.
13.6. We do not warrant that the Website is error free, or that errors will be corrected, or that the Website or the server from which it is run is free of viruses or other potentially harmful codes.
You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms by you or your authorised users, or in connection with the use of the Website or the Internet or the placement or transmission of any message or information on the Website by you or your authorised users.
15.1. Our failure to insist upon the strict performance of any of your obligations under the Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.
15.2. If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
15.3. All notices will be in writing and maybe served by either party on the other by hand or by first class pre-paid post or (as may be permitted in accordance with these Terms) by posting them in the Internet. The address for service, in the case of a notice from you to us, is specified at the bottom of this page and, in the case of a notice from us to you, will be any address that you have provided to us (or the URL on which the notice is posted).
15.4. Nothing in these Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.5. These Terms are governed by and construed in accordance with English law and the parties will submit to exclusive jurisdiction of the English courts.
15.6. Neither we nor our affiliates make any representation that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so under their own initiative and are responsible for compliance with local laws.
17. Comments on how we may improve our service to you
We aim to provide outstanding customer service. If you have any comments about the service you have received from us, please contact us at the email address below.
18. Contact Us
For comments relating to the content of the Website generally, please email us at firstname.lastname@example.org.
For service of legal notices our details are as follows:
The Random House Group Limited
20 Vauxhall Bridge Road