The Poetry Archive: Terms & Conditions of Use
The Poetry Archive (registered charity number 1093858) (hereinafter referred to as "our", "us" and "we"), owns and operates the website www.poetryarchive.org (the "Website").
These are the Website terms and conditions (the "Conditions"), which apply to the use of the Website by end users. By accessing the Website, you agree to be bound by the Conditions. The Website is provided for the benefit of residents of the United Kingdom. If you are not a UK resident or do not agree to be bound by the Conditions, you may not use or access the Website and we will have the right to restrict or prevent your access to the Website. If there is anything that you do not understand please feel free to email any enquiry to us here: [email protected].
1. YOUR OBLIGATIONS
1.1 You will not:
(a) use the Website (or any part of it) for any illegal purpose and agree to use it in accordance with all relevant laws;
(b) upload or transmit through the Website (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or (ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
(c) use the Website in a manner which (i) may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); and
1.2 You agree that in the event that you have any right, claim or action against any end user of the Website arising out of that end user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
2. OUR RIGHTS
2.1 We reserve the right to:
(a) select a poet to feature on the Website and to exclude or include any poet from featuring on the Website. Any poet can refuse the offer to be included on the Website. A poet's inclusion or exclusion on the Website by us is in no way an endorsement or rejection of such poet;
(b) the right to include or exclude any information and will use reasonable endeavours to correct any mistakes. We do not guarantee that any mistakes on the Website will be corrected;
(c) modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(d) change these Conditions from time to time. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website; and/or
(e) monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
2.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website for any reason.
3. CONTENT OF THE WEBSITE
3.1 You acknowledge and agree that:
(a) poetry and poems included on the Website may include themes and any of the words, phrases and/or expressions of the full English language ("Content"); and
(b) the Content may be expressive of a poet's feelings or emotions and consequently may contain wording or themes of a sexual and/or adult and/or controversial nature.
3.2 We cannot be responsible for any offence; damage to feelings; and/or emotional distress caused as a result of any Content.
3.3 Poetry not included in the Children's Archive may not be suitable for children and we recommend that children are supervised at all times when accessing and using the Website.
4. LINKS TO OTHER WEBSITES
We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
5. LINKS TO THE WEBSITE
You may provide links to the Website from other websites ("PA Link"). Unless otherwise agreed in writing first, any and all PA Links must be to the Website's homepage. In the event that we inform you that your PA Link is unsuitable, inappropriate or unsatisfactory for any reason, you must remove such PA Link immediately.
6. POET IN RESIDENCE
You acknowledge and agree that any views expressed on the Website by the 'Poet in residence' are solely those of the Poet in residence and that we do not endorse such views.
7. CHILDREN'S ARCHIVE
The Conditions define anyone under the age of 16 to be a child. We use our discretion to decide which poets will feature in the "Children's Archive" section of the Website. You acknowledge and agree that by featuring of any poet in the Children's Archive we are not endorsing such poet's suitability for meeting, working with, or having any other contact with children. A poet or poem's appearance in the Children's Archive is purely a reflection of our belief that the poem will be of interest to children.
8. LIVE EVENTS
Any event that may be listed or is listed in the "Live Events" section of the Website ("Live Event") may be included or excluded by us at anytime and for any reason.
We take our responsibility for making accessible web content and software seriously. The Website is committed to ensuring accessibility for people with disabilities and to meeting current accessibility standards, including those defined by the Section 508 website of the U.S. Rehabilitation Act and the W3C's Web Content Accessibility Guidelines. We are actively engaged in the ongoing process of testing the Website and currently comply with accessibility standards Level 1. Many Internet users with disabilities find the Websites difficult to use simply because of the way they are designed. The Website has been designed to be as accessible as possible and to be compatible with the types of adaptive technology used by people with disabilities, including screen readers. For more information, see the Accessibility page on the Website.
10. LIMITATION OF LIABILITY
10.1 WHILST WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
10.6 We will not be liable (i) in contract, tort (including, without limitation, negligence) or otherwise for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect or consequential losses, howsoever arising and; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
10.7 If you organise or attend a poetry reading or a Live Event, either because of content you have accessed on the Website or otherwise, we are in no way liable for any losses that you suffer at or arising out of such an event.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.
11.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities incurred by us arising out of your use of the Website, or use by any other person accessing the Website using your PC or internet access account.
12. INTELLECTUAL PROPERTY AND RIGHT TO USE
12.1 All poems on the Website are protected by copyright. You agree that a featured poem's text or audio shall not be copied, modified, manipulated or changed in any way, except by us for the purpose of making the poem available on the Website.
12.2 You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us, the poets or our licensors. You are permitted to use this material only as expressly authorised by us.
12.3 You acknowledge and agree that the poems and other content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
13.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
13.2 Nothing shall be construed as a waiver of any preceding or succeeding breach of any provision.
13.3 These Conditions (as amended from time to time) contain the entire agreement and understanding between us in respect of any use of the Website and supersede any prior written or oral agreement between us relating to such use. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions. However, nothing in these Conditions purport to exclude liability for any fraudulent statement or act.
13.4 The Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.