Terms of
use
Access to and use of this site "melaniedevall.com" is
provided by Melanie De` Vall subject to the following
terms:
1. By using the Site you agree to be legally bound by these
terms, which shall take effect immediately on your first
use of the Site. If you do not agree to be legally bound by
all the following terms please do not access and/or use the
Site.
2. Melanie De` Vall may change these terms at any time by
posting changes online. Please review these terms regularly
to ensure you are aware of any changes made by (insert
name). Your continued use of the Site after changes are
posted means you agree to be legally bound by these terms
as updated and/or amended.
Use of the Site
3. You may not copy, reproduce, republish, download, post,
broadcast, transmit or otherwise use the Site content in
any way except for your own personal, non-commercial use.
You also agree not to adapt, alter or create a derivative
work from any Site content except for your own personal,
non-commercial use. Any other use of the Site content
requires the prior written permission of Melanie De` Vall.
4. You agree to use the Site only for lawful purposes, and
in a way that does not infringe the rights of, restrict or
inhibit anyone else's use and enjoyment of the Site.
Prohibited behaviour includes harassing or causing distress
or inconvenience to any person, transmitting obscene or
offensive content or disrupting the normal flow of dialogue
within the Site. Disclaimers and Limitation of Liability
5. The Site content, including the information, names,
images, pictures, logos and icons regarding or relating to
(insert name), its products and services (or to third party
products and services) is provided "AS IS" and on an "IS
AVAILABLE" basis without any representations or any kind of
warranty made (whether express or implied by law),
including the implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
6. Melanie De`Vall will not be liable for any damages,
including indirect or consequential damages, or any damages
arising from use or loss of use, data or profits, whether
in contract, negligence or other tortuous action, arising
from or in connection with the use of the Site.
7. Melanie De`Vall does not warrant that functions
contained in the Site content will be uninterrupted or
error free, that defects will be corrected, or that the
Site or the server that makes it available are free of
viruses or bugs. Intellectual Property
8. The names, images and logos identifying Melanie De`Vall
or third parties and their products and services are
subject to copyright, design rights and trade marks of
Melanie De`Vall and/or third parties. Nothing contained in
these terms shall be construed as conferring by
implication, estoppel or otherwise any licence or right to
use any trademark, patent, design right or copyright of
Melanie De`Vall, or any other third party. Contributions to
the Site
9. Where you are invited to submit any contribution to the
Site (including any text, photographs, graphics, video or
audio) you agree, by submitting your contribution, to grant
Melanie De`Vall a perpetual, royalty-free, non-exclusive,
sub-licensable right and licence to use, reproduce, modify,
adapt, publish, translate, create derivative works from,
distribute, perform, play, and exercise all copyright and
publicity rights with respect to your contribution
worldwide and/or to incorporate your contribution in other
works in any media now known or later developed for the
full term of any rights that may exist in your
contribution, and in accordance with privacy restrictions
set out in Melanie De`Vall's Privacy Policy. If you do not
want to grant to Melanie De`Vall the rights set out above,
please do not submit your contribution to the Site.
10. Further to paragraph 9, by submitting your contribution
to the Site, you:
10.1 warrant that your contribution:
10.1.1 is your own original work and that you have the
right to make it available to Melanie De`Vall for all the
purposes specified above;
10.1.2 is not defamatory; and
10.1.3 does not infringe any law; and
10.2 indemnify Melanie De`Vall against all legal fees,
damages and other expenses that may be incurred by Melanie
De`Vall as a result of your breach of the above warranty;
and
10.3 waive any moral rights in your contribution for the
purposes of its submission to and publication on the Site
and the purposes specified above. House Rules for the Site
Communities 11. You agree to use the Site Communities
(including Message Boards) if introduced in accordance with
the following House Rules: About your posts:
(i) Contributions must be civil and tasteful;
(ii) No rude or abusive behaviour (flaming or trolling).
Postings must be constructive and polite, not mean-spirited
or posted with the intention of causing trouble;
(iii) Unlawful, harassing, defamatory, abusive,
threatening, harmful, obscene, profane, sexually oriented,
racially offensive or otherwise
objectionable material is not acceptable;
(iv) Be patient - users of all ages and abilities may be
taking part in the relevant the Site community;
(v) No spamming - don't cross post your messages to more
than one discussion;
(vi) No advertising;
(vii) Posts containing languages other than English may be
removed unless allowed in the local house rules;
(viii) No impersonation. Adopting an inappropriate user
name (one that is vulgar, offensive, etc.) is also
unacceptable;
(ix) You may not post your email address unless allowed
under the local house rules;
(x) You may not refer to specific URLs (web site addresses)
unless allowed under the local house rules. If you know of
a worthy web site relevant to the discussion topic, please
go to the Web Guide and recommend it by email if it's not
already listed.
About
the law:
(i) You may not post any defamatory or illegal material of
any nature in the Site Communities. This includes text,
graphics, video, programs or audio. Posting a message with
the intention of committing an illegal act is strictly
prohibited.
(ii) You agree to only post materials to which you have the
copyright or other permission to distribute electronically.
You may not violate,
plagiarise, or infringe on the rights of third parties
including copyright, trademark, trade secrets, privacy,
publicity, personal or proprietary
rights.
If you're under 16:
(i) Please get your parents' permission before taking part
in any the Site discussion.
(ii) Never reveal any personal information about yourself
(for example, your telephone number, home address or email
address).
If you breach these Terms of Use:
If you fail to abide by these terms (including the house
rules at this paragraph 11 above), you will be formally
warned by email. This warning may also include a temporary
suspension of your ability to participate in any or
all of the Site Community areas. If after this warning you
continue to breach these terms, you will be prohibited from
using the Site Communities for an extended period of time.
If you post or send offensive or inappropriate content
anywhere on or to the Site Communities and Melanie De`Vall
considers such behaviour to be serious and/or repeated,
(insert name) may use whatever information that is
available to him/her about you to stop any further such
infringements. This can include informing relevant third
parties such as your employer, school
or email provider about the infringement/s. Melanie De`Vall
reserves the right to delete any posting, at any time, for
any reason.
General
12. If there is any conflict between these terms and
specific terms appearing elsewhere on Melanie De`Vall
(including local house rules) then the latter shall
prevail.
13. If any of these terms are determined to be illegal,
invalid or otherwise unenforceable by reason of the laws of
any state or country in which these terms are intended to
be effective, then to the extent and within the
jurisdiction in which that term is illegal, invalid or
unenforceable, it shall be severed and deleted from these
terms and the remaining terms shall survive, remain in full
force and effect and continue to be binding and
enforceable.
14. These terms shall be governed by and interpreted in
accordance with the laws of England and Wales.