Terms and Conditions
The Book of You Ltd. website and all the information, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the website (collectively referred to as “Content”), is intended for the lawful use of Book Of You’s customers, employees and members of the website.
In these conditions, the term “Book Of You” or “us” or “we” refers to the owner of the website, Book Of You Ltd, company number 7393392.
The Terms and Conditions of Use constitute the entire agreement between you and Book Of You Ltd and govern your use of the website, superseding any prior agreements between you and Book Of You Ltd relating to your use of this website. Use of this website constitutes agreement to the Terms and Conditions of Use. You will be required to confirm acceptance of these terms upon registration.
2. Acceptance of Terms and Conditions of Use
Further, you affirm that you are more than 18 years of age, agree to comply with all local laws regarding online conduct and acceptable content; and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use.
3. Intended Audience / Use
This website is intended for use by the general public. The website is controlled and operated in whole or in part by Book Of You Ltd from its offices within the United Kingdom.
Book Of You makes no representation that these materials are appropriate or available for use in other countries. Those who access the website from other countries do so at their own risk and are responsible for compliance with local laws.
Book Of You reserves the right in its sole discretion to refuse or terminate access to the website by you at any time.
4. Restrictions on Use of Content
The unauthorised copying, displaying or other use of any Content from this website is a violation of the law.
The website’s Content is protected in the UK and internationally by a variety of laws, including, copyright, trademark, patent laws (collectively known as “Rights”).
Book Of You Ltd reserves all rights not expressly granted to the website and the Content. In addition to Book Of You’s Rights in individual elements of the Content it has provided to the website (“Book Of You Content”), Book Of You own a copyright in the selection, coordination and arrangement of the Book Of You Content and website.
Book Of You Ltd own full and complete title to the software of the website; the software, including all code, files, images, contained in or generated by the software, and accompanying data.
In addition to Book Of You Content, the website contains content provided by third parties, specifically, User Content, as defined below. You may access User Content solely
(1) for your information and personal use;
(2) as intended through the normal functionality of the services offered on the website; and/or;
(3) for Streaming. “Streaming” means a digital transmission of an audiovisual work via the Internet from the website to a user’s device, intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted here, including any use, copying, or distribution of User Content obtained through the website for any commercial purposes.
You agree not to interfere with security-related features of the website or features that prevent the use or copying of any Content. You understand that when using the website, you will be exposed to User Content from a variety of sources, and that Book Of You Ltd is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.
You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Book Of You Ltd with respect thereto.
5. Book Of You Membership
In order to access services on this website, you have to establish a membership account.
You must provide accurate and complete information when establishing such an account.
You may not use an account that is not yours without permission from the account owner.
You are responsible for your password security., You must notify Book Of You if the security of your password has been breached. Book Of You is not liable for losses caused by any unauthorised use of your account. You may be liable to Book Of You for losses it incurs as a result of unauthorised use of your account.
User accounts are free for 6 months from the establishment of a ‘Book of You’ book. Users exceeding this time period will be required to pay a fee outlined on the Book of You website. Reminders for payment dates will be sent by email with a requirement to pay within 30 days. Failure to pay will result in denial of access until the account is brought up to date. If an account remains unpaid, the account may be archived for an unspecified term, after which, the content may be deleted permanently. The 6 month free user offer may be withdrawn at any time, and other marketing offers may
be employed in its place.
Accounts may be cancelled at any time by contacting us at: contact@Book Of You.co.uk
Part-year refunds are not offered.
6. User Submissions and Content
As a registered account holder of this website, you may upload, display, publish or otherwise submit (“Submit”) audio-visual works, photographs, video, text, music, software and other materials and information (collectively, referred to as “Content”) to the website. Book Of You Ltd does not guarantee security or confidentiality of any Content. We do put security procedures in place to protect it from loss or corruption. These steps are outlined in our Security Policy.
You retain any ownership rights you have in the Content you post. By posting Content you are granting to all members of your ‘Book of You’ group, permission to use your Content as permitted by these Terms and Conditions of Use, including, without limitation, a non-exclusive, world-wide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content without having your name attached to it.
While it is our intention to safely and securely store your Content, we cannot accept responsibility in the event that uploaded content is lost or damaged. We advise users of Book Of You Ltd to retain original copies of the Content uploaded to the website. No compensation will be paid with respect to the use of your Content.
You are solely responsible for your own Content and the consequences of posting or publishing it. By posting Content protectable under UK and international copyright laws, you warrant and represent that:
1. you are the copyright owner of such Content, or that the copyright owner of such Content has granted you permission to use such Content
2. you have the rights necessary to grant the licenses and sub-licenses described in these Terms and Conditions of Use, and
3. that each person depicted in such Content, has provided consent to the use of the images including the distribution and public display of such images.
You are expressly prohibited from posting to the website any unlawful, threatening, libellous, defamatory, obscene or pornographic material, or any other material that could give rise to any civil or criminal liability under the law.
Book Of You Ltd does not endorse any Content or any opinion, recommendation, or advice expressed, and Book Of You Ltd expressly disclaims any liability in connection with Content. Book Of You Ltd does not permit copyright infringing activities or infringement of intellectual property rights on its website, and Book Of You Ltd will remove any Content if properly notified that such Content infringes on another’s intellectual property rights. Book Of You Ltd reserves the right to refuse, move or remove Content without prior notice. Book Of You Ltd assumes no responsibility for monitoring the website for inappropriate or illegal Content or activity, but reserves the right to do so. In any event, Book Of You Ltd does not assume any responsibility for removing offensive or illegal Content.
7. Trademarks and Service Marks
There are a number of logos, trademarks, brands and product designations (“Marks”) found on this website. By making the Marks available on this website, Book Of You Ltd is not granting you a license to use them in any fashion. Access to this website does not confer upon you any license to the Marks under any of Book Of You’s or any third party’s intellectual property rights. No Book Of You Marks may be used as a hyperlink or otherwise without prior written permission.
8. Copyright Infringement
Book of You Ltd respects the intellectual property rights of others and we prohibit users from uploading or posting on the website any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy , we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that any material on the website infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Agent. Please see our Copyright Policy or more information on how to report infringement of your copyright.
11. Links to 3rd party websites
The Book of You website may provide links to other third-party websites. Book Of You Ltd makes no representations whatsoever about any other website which you may access through this website. Because Book Of You has no control over such websites and resources, you acknowledge and agree that Book Of You Ltd is not responsible for the availability of such external websites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, trojans and other destructive items. Book of You Ltd does not offer endorsement or recommendation of the third party or its products
and services. Book Of You Ltd makes no representation or warranty as to any third party Content, products or services. You agree that Book Of You will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such website.
Book of You Ltd does not warrant or make any representations regarding the availability, use, security, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content of the website. Any material downloaded or otherwise obtained through the use of the website is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, or use of this website. The content of the website is provided “as is” and on an “as available” basis, without warranties of any kind either express or implied.
14. Limitation of liability
Book Of You Ltd, its affiliates, officers, agents or other partners and employees, will not be liable for any damages of any kind arising out of the inability to use this website, its content, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other direct, indirect, special, incidental, exemplary or consequential damages even if Book of You Ltd has been advised of the possibility of such damages.
Book Of You Ltd’s total liability to you collectively with that of any of its affiliates, officers, agents, or other partners and employees, for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of this website will not exceed £100.
You agree that Book Of You Ltd, in its sole discretion and without prior notice, may terminate or restrict your use or access to this website for any reason, including, without limitation, if Book Of You Ltd believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use and the Code of Conduct.
- What personally identifiable information of yours is collected;
- What organisation is collecting the information;
- How the information is used;
- With whom the information may be shared;
- What choices are available regarding collection, use and distribution of the information;
- What kind of security procedures are in place to protect the loss, misuse or alteration of information under our control; and,
- How you can correct any inaccuracies in the information.
1. Information collected by Book Of You or on Book Of You’s behalf
A. Personal Information
This is information that can be used to identify or contact you. We collect the Personal Information that you provide to us in two general and distinct ways:
(1) when you choose to purchase or utilise various services or products offered by Book Of You and/or its affiliated business partners, or
(2) when you choose to participate in surveys or send emails to Book Of You
B. Registration And Other Information
We may from time to time use the email address provided in your contact information, to inform you of useful product enhancements or services designed to enhance your enjoyment of the Book Of You website, or to send you a regular email Newsletter. You can unsubscribe from this Newsletter at any time by following the link within it.
We collect anonymous, non-confidential, and non-personal information when you use our website, send us emails, or respond to special promotions or newsletters that we may send to you from time to time. For example, cookies are small computer files that we transfer to your computer’s hard drive that allow us to know how often someone visits a website and the activities they conduct while on that website (such as the pages you view, whether you clicked on a product purchase link, etc.). Every computer is assigned a different cookie by Book Of You. The information collected by cookies helps us dynamically generate content on web pages or in emails specifically designed for you and also allows us to statistically monitor how many people are using our website and selected affiliated business partners websites, or are opening our emails. We may use cookie information to target certain advertisements to your browser or to determine the popularity of certain content. It may be possible to link non-personal cookie information to Personal Information collected. You may be able to turn off cookies in your browser, but this may hinder our ability to provide you with certain services or your ability to enjoy certain features of the website.
D. Emails and Newsletters
We collect anonymous, non-personal information about your use of emails and newsletters that we may send to you from time to time. In some cases, when you click on a link or an advertisement in an email or newsletter, your browser may be momentarily directed to the website of a third party which, acting on Book Of You’s behalf (see Disclosure to Web website Service and Content contractors, below), notes or “counts” your response to the email or newsletter before re-directing your browser to its proper destination. This re-direction process will not be apparent to you.
E. Public Forums
2. Disclosure of your information
Except as written in this Section 2, or specifically agreed to by you, Book Of You Ltd will employ best efforts to not use or disclose any Personal Information it gathers from you unless reasonably required in order to answer your questions, provide products and/or services you may request or purchase from Book Of You (such as, information we need to share with Paypal), or to comply with governmental or internal record-keeping requirements as reasonably required. We may release Personal Information to third parties:
(1) to comply with valid legal requirements such as a law, regulation, search warrant, witness summons or court order; or
(2) in special cases, such as a financial threat to you or others. In the event that we are legally compelled to disclose your Personal Information to a third party, we will notify you unless doing so would violate the law or court order.
B. Disclosure to Book Of You’s Subsidiaries
C. Disclosure to Book Of You’s Contractors
Book Of You’s contractors may sometimes have limited access to your Personal Information in the course of providing products or services to Book Of You. These contractors include suppliers that provide us with technology, services, and/or content related to operation and maintenance of our website. These contractors also may have access to your email address to send newsletters or special promotions to you on our behalf or to send emails to you for purposes such as conducting market research on our behalf. Access to your Personal Information by these contractors is limited to the
information reasonably necessary in order for the contractor to perform its function for Book Of You.
D. Disclosure to website Service and Content Contractors.
E. Disclosure to Linked websites.
F. Disclosure of Aggregate Information.
Book Of You may provide to third parties non-personal information about you that does not allow you to be identified or contacted and that is combined with the non-personal information of other users (“Aggregate Information”). For example, we might inform third parties regarding the number of users of our website and the activities they conduct while on our website. We may not limit the third parties’ use of the Aggregate Information, except that we do require third parties to whom we disclose Aggregate Information to agree that they will not attempt to make this information personally identifiable by combining it with other databases or otherwise.
3. How Book Of You handles privacy and security internally
Book Of You wants your Personal Information to remain as secure and accurate as possible. We implement appropriate measures and processes to protect your Personal Information and maintain its quality, such as encryption. Although we make reasonable efforts to protect your Personal Information from loss, misuse, or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is always some risk that thieves could find a way to thwart our security systems. Therefore we cannot and do not guarantee that your Personal Information or Private Events will not be viewed by unauthorised persons.
4. Your privacy choices
This privacy statement applies only to the website. The website may contain links to other websites. Once you enter another website (whether through an advertisement, service, or content link), be aware that Book Of You has no control over and is not responsible for the privacy practices of such other websites. We encourage you to look for and review the privacy statements of each and every website that you visit through a link or advertisement on Book Of You’s Web website or any website that collects Personal Information from you.
5. Updating your personal information and contacting Book Of You
You can always contact us in order to;
(1) delete your Personal Information from our systems,
(2) update the Personal Information that you have provided to us, and
(3) change your preferences with respect to marketing contacts or other activities,
by emailing us at firstname.lastname@example.org. Such changes will not have any effect on other information that Book Of You maintains. If you have a complaint or problem you may email us at email@example.com and the Customer Service department will forward your complaint to the appropriate Book Of You Ltd department for a response or resolution. We try to answer every email in a timely manner but are not always able to do so.
You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to Book Of You from our servers. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personal Information may exist in a non-erasable form that may be difficult or impossible for us to locate. Nevertheless, upon receiving your request, we will endeavour to delete all Personal Information stored in the databases we actively use for research and daily business activities, as well as other readily searchable media. Further, you understand and acknowledge that even after removal, instances of your events and Personal Information may remain viewable in cached and archived locations. Any nefarious collection, distribution, or general exploitation of information, media, and content on the website is a violation of the Book Of You Terms and Conditions of Use and should be reported.
A. If you believe that any Content on our website has been posted in violation of your copyrights, you may submit a written communication to our Designated Agent. The Notice must contain substantially the following information:
1. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example. If multiple copyrighted works at a single online website are covered by your notification, you may provide a representative list of such works at that website.
2. Identify the url or other specific location on the website where the material described in Item 1 is located. You must provide us with reasonably sufficient information to locate the alleged infringing material.
3. Include the electronic or physical signature of the owner of the copyright or a person authorised to act on the owner’s behalf.
4. Include a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
5. Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorised to act on the copyright owner’s behalf.
6. Include your name, mailing address, telephone number and email address.
You may submit your Notice to our Designated Agent by email as set forth below:
Please note that you may be liable for damages, including court costs and solicitors fees, if you materially misrepresent that content on our website is infringing copyright. Filing a false Notice constitutes perjury.
Upon receiving a proper Notice as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of how they may respond to your claim and/or restore this material. For information on copyrights, please visit www.copyrightservice.co.uk.
B. If you believe your own User Content has been removed from our website as a result of mistake or misidentification , you may submit a written Counter Notification to our Designated Agent. Your Counter Notice must include substantially the following:
1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
2. Your name, address and telephone number.
3. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your physical or electronic signature.
You may submit your Counter Notice to our Designated Agent by E-Mail as set forth below:
If you send us a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notice, unless our Designated Agent first receives notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false form on this page constitutes perjury and will be punished to the full extent of the applicable laws.
Code of Conduct
The terms in this Code of Conduct carry the meaning attributed to them in the Terms and Conditions of Use. By using the Book Of You website, you agree not to post any User Content that:
ñ is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually explicit, libellous, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation,
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- harm, solicit, intimidate, harass, threaten, bully, or defame minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the website;
- sell or transfer your Book of You user account, or purchased media and content to any individual or entity;
- cover or obscure textual, graphical, or relevance-based advertisements on your personal page via any means;
- use the website in an automated manner, such as, using scripts to send User Content, create submissions, or otherwise ‘game’ any rank or prestige systems or services to your benefit or detriment;
- circumvent, modify or disable any security software that is part of the website or assist others in doing so;
- interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
- “stalk” or otherwise harass another person or entity;
- collect or store personal data about other users;
- solicit personal information from persons under 18 years of age; or delete any proprietary notices appearing on Content other than your own. behave in a rude or lascivious manner when interacting with other customers of the website