COOKIES, TERMS AND CONDITIONS

         

 

TABEL OF CONTENTS

(1)      Introduction 简介

(1a) Cookies 信息记录程序

(2)   These terms and conditions 条款与条件

(3)   Licence to use website 网站使用许可

(4)   Acceptable use 使用限制事项

(5)   Restricted access 访问限制

(6)   User generated content 用户上传网站的内容

(7)   Limited warranties 限制保证

(8)   Limitations and exclusions of liability 责任的限制与排除

(9)   Indemnity 赔偿

(10) Breaches of these terms and conditions 违约处理

(11) Variation 本条款的变更

(12) Assignment 权利转让

(13) Severability 条款的可分割性

(14) Exclusion of third party rights 排除第三方权利

(15) Entire agreement 协议的完整性

(16) Law and jurisdiction 法律与司法管辖

 

(1)   Introduction 简介

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

 

(1a) Cookies 信息记录程序

（注：Cookies是一种能够让网站服务器把少量数据储存到客户端的硬盘或内存，或是从客户端的硬盘读取数据的一种技术。Cookies是当你浏览某网站时，由Web服务器置于你硬盘上的一个非常小的文本文件，它可以记录你的用户ID、密码、浏览过的网页、停留的时间等信息。）

This site uses Google Analytics and other third-party add-ons (including but not limited to Facebook 'Like' buttons and Twitter widgets) which use cookies to collect anonymous traffic data and to provide site functionality. These third parties also use cookies to identify your account when you access their services: please see their privacy policies for further details.

If you object to this use of cookies, please disable them in your browser's settings, but please note that some site functionality may be lost as a result. Please visit www.aboutcookies.org for more information about cookies and how to control them.

No cookies are placed directly by Fizz Books and no data about you is collected by Fizz Books apart from via your own communications.

 

(2)   These terms and conditions 条款与条件

These terms and conditions were made using an SEQ Legal precedent created for http://www.template-contracts.co.uk and available on http://www.website-law.co.uk.

 

(3)   Licence to use website 网站使用许可

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  All these intellectual property rights are reserved. We don't mind you sharing the contents of this website with other who may be interested in it.

 

(4)   Acceptable use 使用限制事项

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

 

(5)   Restricted access 访问限制

We reserve the right to restrict access to [other] areas of our website, or indeed our whole website, at our discretion.

 

(6)   User generated content 用户上传网站的内容

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

 

(7)   Limited warranties 限制保证

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

(8)   Limitations and exclusions of liability 责任的限制与排除

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

 

(9)   Indemnity 赔偿

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.

 

(10) Breaches of these terms and conditions 违约处理

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

(11) Variation 本条款的变更

We may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website.  Please check this page regularly to ensure you are familiar with the current version.

 

(12) Assignment 权利转让

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

(13) Severability 条款的可分割性

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

(14) Exclusion of third party rights 排除第三方权利

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

 

(15) Entire agreement 协议的完整性

These terms and conditions constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

 

(16) Law and jurisdiction 法律与司法管辖

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.