Terms and Conditions
Effective Date: 27 September 2023
1. Introduction
These Terms of Service (“Terms”) govern your use of the website https://djjwatson.com (“Website”) and any related products or services (collectively, “Services”) provided by DJW Digital Enterprise (“Company”, “we”, “our”, or “us”).
Please read these Terms carefully before accessing or using our Website or Services. By using any part of the Website or Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Website or Services. If you have any questions about these Terms, please contact us at author@djjwatson.com.
As a fiction author operating under the laws of the United Kingdom, Company provides online Services including original fiction books, marketing emails, and related information. These Terms constitute a legally binding agreement between you and Company regarding your use of the Website and Services.
2. Ability to Accept Terms
You affirm that you are at least 18 years of age or have reached the age of majority where you live, and are fully able and competent to enter into these Terms. If you are under 18 or have not reached the age of majority, you must have your parent or legal guardian review and accept these Terms on your behalf.
3. Revisions to Terms
We may revise these Terms at any time by updating this page. Your continued use of the Website or Services after a revision becomes effective indicates your acceptance of the revised Terms. It is your responsibility to periodically review these Terms.
4. Account Creation and Use
You may have to create an account to access certain features of the Website and Services. When creating an account, you must provide true, accurate, and complete registration information. You are solely responsible for your account, including use of your account by others. You must safeguard your account credentials and notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts in our sole discretion.
5. Our Content and Services
The Website and Services contain fiction books (digital and physical), related content, emails, affiliate and third-party offers, and other information we create and own. Except for content you own, all content on the Website and Services is our proprietary property and is protected by copyright, trademark, and other intellectual property laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for your own personal use. You agree not to copy, distribute, modify, make derivative works of, publicly display or perform, republish, scrape, download, store or transmit any of our content except as expressly permitted by us or authorized under applicable law.
6. Your Use of Services
You agree not to misuse the Services or assist anyone else in doing so. This includes:
– Accessing or using the Services in an illegal or unauthorized manner.
– Posting or transmitting content that is obscene, pornographic, threatening, harassing, defamatory, or otherwise objectionable.
– Posting or transmitting content that violates copyright, trademark or other intellectual property laws.
– Accessing parts of the Services that require authorization without permission.
– Circumventing or disabling any security features or measures on the Services.
– Overburdening our systems by placing excessive demands on our servers in a manner that interferes with normal use.
– Attempting to reverse engineer, decompile, disassemble, decipher or otherwise discover source code or underlying ideas or algorithms of the Services.
– Impersonating any person or entity or misrepresenting your affiliation with a person or entity.
We reserve the right to terminate your access to the Services for violations of these Terms.
7. Your Content
You are solely responsible for any content, materials or information you upload, post or otherwise transmit via the Services. You agree not to transmit content that is illegal, harmful, offensive, defamatory, racially or ethnically objectionable, or infringing of third party intellectual property rights.
You grant Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content you post for the purpose of operating and promoting the Website and Services. You can delete your content by specifically deleting it. However, cached copies may still exist on our servers after deletion.
We reserve the right to remove or disable access to any content for any reason, with or without notice to you.
8. Purchases and Payments
If you purchase products or services through the Website, additional terms and conditions may apply. You will be required to agree to those before processing your purchase. All payment transactions are processed by third party payment services. You must abide by the relevant third party payment service terms and conditions.
We are not responsible for errors made by any third party payment services. We reserve the right to correct any errors made in processing your purchases.
All sales are final. We do not provide refunds unless required under consumer protection laws.
9. Email Communications
By signing up to receive emails or making a purchase, you agree to receive promotional and transactional emails from us related to the Website and Services. You can opt out of promotional emails at any time by clicking the unsubscribe link they contain. This will not affect necessary transactional emails related to your account.
10. Affiliate Links and Third Party Offers
Parts of the Website or emails may contain affiliate links or promote third party offers. If you purchase products or services through those links, we may receive compensation or commission from the third party.
Our promotion of third party offers is for your convenience only. You agree that you are responsible for evaluating third party offers before purchasing. We are not responsible for the quality or characteristics of third party products or services.
11. Disclaimers
THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE WEBSITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR NEEDS OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH OR FACILITATED BY THE WEBSITE OR SERVICES.
12. Limitations of Our Liability
WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.
OUR MAXIMUM TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THE WEBSITE, SERVICES OR THESE TERMS, REGARDLESS OF CAUSE, WILL NOT EXCEED ONE HUNDRED BRITISH POUNDS (£100).
THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
13. Indemnity
You agree to fully indemnify, defend and hold us and our officers, directors, employees and agents harmless from and against any and all claims, damages, losses, costs and expenses, including reasonable solicitors’ fees, caused by or arising out of your use of the Website or Services, your breach of these Terms, or your violation of any law or rights of any third party.
14. Privacy Policy
Please review our Privacy Policy to understand how we collect and use information about you when you access our Website or use our Services. The Privacy Policy is incorporated by reference into these Terms.
15. Termination
We reserve the right to terminate your access to the Website and Services at any time and for any reason, including for violation of these Terms.
Sections of these Terms that by their nature should survive termination shall survive, including disclaimers, limitations of liability, indemnity, and jurisdiction provisions.
16. Modifications
We may modify these Terms from time to time and will post the most current version on our Website. If a revision meaningfully reduces your rights, we will notify you. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Terms.
17. Assignment
You may not assign, transfer or sublicense any of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any of our rights or obligations under these Terms without notice or consent.
18. Dispute Resolution
If any controversy, allegation, or claim arises out of or relates to the Website, Services, or these Terms (collectively, “Dispute”), you agree to first contact us and attempt to resolve it informally. If we cannot resolve the Dispute informally, then the Dispute will be resolved through binding arbitration rather than in court. Arbitration hearings will take place in United Kingdom. A single independent arbitrator will decide the Dispute. The arbitrator will follow substantive law and may award any relief available in court. Any court of competent jurisdiction may enforce the arbitrator’s award.
19. Governing Law
These Terms are governed by the laws of England and Wales without regard to conflict of law rules or principles. You agree that any dispute arising out of or relating to these Terms or the Website or Services must be commenced in the courts of England and Wales, and you hereby consent to the exclusive jurisdiction of those courts.
20. Severability
If any provision of these Terms is determined to be invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
21. Additional Terms
Additional terms may apply to certain Services. Those will be disclosed when you access or sign up for those specific Services. Any additional terms will become part of your agreement with us if you use those Services.
22. Questions
If you have any questions regarding these Terms, please email us at author@djjwatson.com.