Creakle - Terms

Welcome to the Creakle.com web site!

PLEASE READ OUR HOUSE RULES CAREFULLY BEFORE USING OUR SITE

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not accept all of our House Rules, you should not use our website.

Information about us

This website is provided solely to assist in the FREE distribution of your books, any ancillary services to books, information, posting opinions of books, related issues, engaging in our interactive book forums, book authoring and publishing, reading and writing skills and competitions, amongst other things! We will continue to add additional services and may revise these terms of use at any time by amending this page so please check this page from time to time to take notice of any changes we made, as they are binding on you.

Creakle.com is a site operated by Someone’s Book Limited ("We"). We are registered in England and Wales under company number 09178527 and have our registered office at Ibex House Malt Mill Lane, Halesowen, West Midlands, B62 8JJ

Terms of website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website http://www.creakle.com (our site), whether as a guest, a registered user or otherwise.

You must be over 16 years of age to register for an account on our web site.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Other applicable terms

These House Rules refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy (Click here to view), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. Our Acceptable Use Policy (Click here to view), which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice and for any reason. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site or any related, connected or linked third-party site is accurate, complete or up-to-date.

Your Someone’s Book account and password

Please refer to our Member Terms (Click here to view) which set out the terms which apply if you register as a Creakle Member.

If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at helpdesk@creakle.com.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved. All content on this web site is © Someone’s Book Limited.

Creakle is not responsible for content on websites operated by parties other than Creakle.

Copying, transmission, reproduction, republication, posting or redistribution of our Site Content or any part of it is strictly prohibited without our prior written permission.

Provided that: You may print off one copy, and may download extracts, of any page(s) from our site for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. As long as: (a) Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. (b) You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. To request permission, you may contact Creakle as follows: The Directors, Creakle Limited, Ibex House, Malt Mill Lane, Halesowen, West Midlands, B62 8JJ United Kingdom.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Viruses

We do not guarantee that our site or any electronic means of communication sent by or on behalf of our site will be secure or free from bugs or viruses. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Software

Software may be made available for you to download in order to help our site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an end user licence agreement). If you do not accept such terms and conditions, you will not be allowed to download the software. Use of such Software is entirely at your sole risk and we are not responsible in any way for the Software’s performance, features or failures of any kind.

We may on occasion make other Software available through the Creakle web site. If you choose to download and use such software, your use will be bound by the relevant end user licence terms for that Software. Such software is provided “as is” and it use is entirely at your sole risk.

If you make use of our mobile applications, our Mobile Terms of Use will apply.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (Click here to view).

If you wish to make any use of content on our site other than that set out above, please contact sales@creakle.com.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over third party websites and accept no legal responsibility for any content, material, information, or items such as viruses, worms, Trojan horses, defects and other items of a destructive nature contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site and such third-party sites may charge a fee for use of certain content or services provided on the third-party site.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any related, connected or linked third-party site, or any content on it, whether express or implied.

We will not be liable to any user for any loss, claims, sums incurred, expenses, or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our site for whatever reason; use of or reliance in any way on any content displayed on our site or any site connected, linked or related to our site including but not limited to content on our site relating to the information and description of any book or author; Reliance in any way on the ownership by Someone’s Book of any content displayed on our site or any site connected, linked or related to our site; or Use of or reliance in any way on part of or all of any software, products, and services contained on our website or referred to in any way on our website. Someone’s Book makes no warranty or representation of any kind about any such software, product, or service.

If you use our site or any site connected, linked or related to our site please note that in particular, Creakle Media Group Companies (including its officers, directors and affiliates) will not be liable for: (a) loss of income, profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of data; (e) loss of business opportunity, goodwill or reputation; or (f) any indirect, punitive, incidental, special, or consequential loss or damage.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our site or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of our site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

Indemnity

You agree to defend and indemnify Creakle and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) your breach of this Agreement or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of our site.

Applicable law

These terms of use, their subject matter and formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Severability

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

Entire Agreement

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Creakle with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Creakle with respect to this Website.

Creakle, the book logo and all other product or service names or slogans displayed on our websites are registered and or common law trade marks of To View Limited and or our suppliers / licensors and may not be used or reproduced without prior written permission.

To contact us, please (Click here to view).

Thank you for visiting our site.