Hands Off Publishing provides content writing and publishing services (the
"Service"). The Service is provided by Hands Off Publishing
("Company", "we", or "us").
These terms and conditions, as may be amended from time to time (the "Terms
of Use"), together with our govern your access to and use of the
Service made available online through our website, and
any of our applications through whatever platform, including any content and
functionality (collectively, the "Site"), whether as a guest
or as a registered user.
Acceptance of the
The Hands Off Publishing Terms are
entered into by and between you and the Company. Please read the Hands Off
Publishing Terms carefully before you start to use the Site. By using
the Site or by clicking to accept or agree to the Hands Off Publishing Terms
when this option is made available to you, you accept and agree to be bound by
and abide by the Hands Off Publishing Terms. If you do not accept the Hands
Off Publishing Terms, you must not access or use the Site.
The Site is offered and available to
users who are 13 years of age or older. By using the Site, you represent and
warrant that you are of legal age to form a binding contract with the Company
and meet all of the foregoing eligibility requirements. If you do not meet all
of these requirements, you must not access or use the Site.
Changes to the Hands
Off Publishing Terms
We may revise and update the Hands
Off Publishing Terms from time to time in our sole discretion. All changes are
effective immediately when we post them and apply to all access to and use of
the Site thereafter. However, any changes to the dispute resolution provisions
set forth in "Governing Law and Jurisdiction" below will not apply to
any disputes for which parties have actual notice on or prior to the date the
change is posted on the Site. Your continued use of the Site following the
posting of revised Hands Off Publishing Terms means that you accept and agree
to the changes.
You are expected to check this page frequently so you are aware
of any changes, as they are binding on you.
Accessing the Site
and Account Security
We reserve the right to withdraw or
amend the Site, and any services or materials we provide on the Site (including
the Service), at any time in our sole discretion without notice. We will not be
liable if for any reason all or any part of the Site is unavailable at any time
or for any period. From time to time, we may restrict access to portions of the
Site, or the entire Site, to some or all users, including registered users. We
have no obligation to provide you with any technical support in connection with
your use or attempted use of the Site.
To access the Site or some of the
resources it offers, you may be asked to provide certain registration details
or other information. It is a condition of your use of the Site that all the
information you provide on the Site is correct, current and complete. You agree
that all information you provide to register with this Site or otherwise,
including but not limited to through the use of any interactive features of the
Site, is governed by our service provider.
If you choose, or are provided with,
a user name, password or any other piece of information as part of our security
procedures, you must treat such information as strictly confidential, and you
must not disclose it to any other person or entity. You also acknowledge that
your account is personal to you and agree not to provide any other person with
access to any portion of the Site using your user name, password or other
security information. You agree to notify us immediately upon becoming aware of
any unauthorized access to or use of your user name or password or any other
breach of security. You also agree to ensure that you exit from your account at
the end of each session. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or
record your password or other personal information.
We have the right to disable any user
name, password or other identifier, whether chosen by you or provided by us, at
any time in our sole discretion for any or no reason, including if, in our
Using the Site is free. Fees for the
Service will be paid in accordance with the Service and payment options
described on the Site from time to time or in a separate written agreement
between you and the Company.
The Site and its entire contents,
features and functionality (including but not limited to all information, software
(including any source code and object code), text, displays, images, video and
audio, and the design, selection, and arrangement thereof), are owned by the
Company, its affiliates, its licensors, or other providers of such material and
are protected by United Kingdom and international copyright, trademark, patent,
trade secret and other intellectual property or proprietary rights law, as
You must not reproduce, distribute,
modify, create derivative works of, publicly display, publicly perform,
republish, download, store or transmit any of the material on the Site, except
You must not:
If you print, copy, modify, download,
or otherwise use or provide any other person with access to any part of the
immediately and you must, at our option, immediately return or securely destroy
any copies of the materials you have made. No right, title or interest in or to
the Site or any content on the Site is transferred to you, and all rights not
expressly granted are reserved by the Company. Any use of the Site not
may violate copyright, trademark and other laws.
The Company name, the Company logo,
and all related names, logos, product and service names, designs and slogans
are trademarks of the Company or its affiliates or licensors. You must not use
such marks without the prior written permission of the Company. All other
names, logos, product and service names, designs and slogans on the Site are
the trademarks of their respective owners.
You may use the Site only for lawful
Additionally, you agree not to:
The Site may contain interactive
features (collectively, "Interactive Services") that allow
users to post, submit or transmit (hereinafter, "post")
content or materials (collectively, "User Contributions") on
or through the Site. All User Contributions must comply with the Content
Any User Contribution you post to the
Site, or using the Site, will be considered non-confidential and non-proprietary,
unless otherwise specifically noted by us. By providing any User Contributions
on the Site, you grant us and our affiliates and service providers, and each of
their and our respective licensees, successors and assigns the right to use,
reproduce, modify, perform, display, distribute and otherwise disclose to third
parties any such material.
You represent and warrant that:
You understand and acknowledge that
you are responsible for any User Contributions you submit or contribute, and
you, not the Company, have full responsibility for such content, including its
legality, reliability, accuracy and appropriateness. We are not responsible, or
liable to any third party, for the content or accuracy of any User
Contributions posted by you or any user of the Site.
We have the right to:
Without limiting the foregoing, we
have the right to fully cooperate with any governmental authorities (e.g., law
enforcement) or court order requesting or directing us to disclose the identity
or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS
AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH
PARTIES OR GOVERNMENTAL AUTHORITIES.
We do not undertake to review all
material before it is posted on or transmitted through the Site and cannot
ensure prompt removal of objectionable material after it has been posted.
Accordingly, we assume no liability for any action or inaction regarding
transmissions, communications or content provided by any user or third party.
We have no liability or responsibility to anyone for performance or
nonperformance of the activities described in this section.
These content standards apply to any
and all User Contributions and use of Interactive Services. User Contributions
must comply with all applicable federal, state and local laws and regulations
in all respects. Without limiting the foregoing, User Contributions must not:
The information presented on or
through the Site is made available solely for general information purposes. We
do not warrant the accuracy, completeness or usefulness of this information.
Any reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on
such materials by you or any other visitor to the Site, or by anyone who may be
informed of any of its contents.
The Site may include content provided
by third parties. All statements and/or opinions expressed in these materials,
and all articles and responses to questions and other content, other than the
content provided by the Company, are solely the opinions and responsibility of
the person or entity providing those materials. These materials do not
necessarily reflect the opinion of the Company. We are not responsible, or
liable to you or any third party, for the content or accuracy of any materials
provided by any third parties.
Changes to the Site
We may update the content of the Site
from time to time, but its content is not necessarily complete or up-to-date.
Any material on the Site may be out of date at any given time, and we are under
no obligation to update such material.
You and Your Visits to the Site
All information we collect through
to all actions taken by us with respect to your information in compliance with
Links from the Site
If the Site contains links to other
sites and resources provided by third parties, these links are provided for
your convenience only. We have no control over the contents of those sites or
resources, and we accept no responsibility for them or for any loss or damage
that may arise from your use of them. If you decide to access any of the third
party websites linked to this Site, you do so entirely at your own risk and
subject to the terms and conditions of use for such websites.
The owner of the Site is based in Manchester in the United Kingdom. We provide this Site for use only by
persons located in the United Kingdom We make no claims that the Site or any of
its content is accessible or appropriate outside of the United Kingdom. Access
to the Site may not be legal by certain persons or in certain countries. If you
access the Site from outside the United Kingdom, you do so on your own
initiative and are responsible for compliance with local laws.
You understand that we cannot and do
not guarantee or warrant that files available for downloading from the internet
or the Site will be free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for anti-virus protection and accuracy of data
input and output, and for maintaining a means external to the Site for any
reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING
OF ANY MATERIAL POSTED ON THE SITE, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE,
ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY
PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY
NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE,
ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE
ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES AND THE SITE, WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR
THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS
AFFILIATES OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE, OR
INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY CONTENT ON THE SITE
OR SUCH OTHER SITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE,
LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
You agree to defend, indemnify and
hold harmless the Company, its affiliates, licensors and service providers, and
its and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors, and assigns from and against any actual or
alleged claims, liabilities, damages, judgments, awards, losses, costs, expenses
or fees (including attorneys' fees) arising out of or relating to your
limited to, your User Contributions, any use of the Site's content, services
use of any information obtained from the Site.
Governing Law and
All matters relating to the Service,
the Site and the Hands Off Publishing Terms and any dispute or claim arising
therefrom or related thereto (in each case, including non-contractual disputes
or claims), shall be governed by and construed in accordance with the internal
laws of Manchester, United Kingdom without giving effect to any choice or conflict
of law provision or rule.
Any legal suit, action or proceeding
arising out of, or related to, the Hands Off Publishing Terms, the Service or
the Site shall be instituted exclusively in the federal courts of the United Kingdom. You waive any and all objections to the exercise of jurisdiction
over you by such courts and to venue in such courts.
At our sole discretion, we may
require you to submit any disputes arising from the Hands Off Publishing Terms,
the Service or the Site, including disputes arising from or concerning their
interpretation, violation, invalidity, non-performance, or termination, to
final and binding arbitration under the JAMS Streamlined Arbitration Rules and
Procedures applying UK law, taking place in UK.
Limitation on Time
to File a Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY
HAVE ARISING OUT OF OR RELATING TO THE HANDS OFF PUBLISHING TERMS, THE SERVICE
OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term
or condition set forth in the Hands Off Publishing Terms shall be deemed a
further or continuing waiver of such term or condition or waiver of any other
term or condition, and any failure of the Company to assert a right or
provision under the Hands Off Publishing Terms shall not constitute a waiver of
such right or provision. If any provision of the Hands Off Publishing Terms is
held by a court or other tribunal of competent jurisdiction to be invalid,
illegal or unenforceable for any reason, such provision shall be eliminated or
limited to the maximum extent such that the remaining provisions of the Hands
Off Publishing Terms will continue in full force and effect.
Unless explicitly stated in a
separate private agreement between you and us, the Hands Off Publishing Terms
constitute the sole and entire agreement between you and the Company with
respect to the Site and the Service and supersede all prior and contemporaneous
understandings, agreements, representations and warranties, both written and
oral, with respect thereto. If a separate contract is made between you and the
Company with respect to the Site or the Service, the terms of the separate
contract control in the event that those terms may be in conflict with the Hands
Off Publishing Terms.
You hereby consent to receiving email
messages, text messages (i.e., SMS and/or MMS communications) and/or telephone
calls, including to your wireless telephone number(s), from us in connection
with the Services, including text messages and/or telephone calls that are
automatically dialed and/or include pre-recorded messages.