Terms and Conditions
(firstname.lastname@example.org) if you have any questions about these terms.
1. Legal Agreement
The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to Wise Grey Owl's
website (the "Site"), and constitute a binding, legal agreement ("Agreement") between you and Wise Grey Owl Limited
("Wise Grey Owl"). We suggest that you to print and keep a copy of this Agreement for reference.
Please read the information below carefully. By using the Site, you accept the terms and conditions described below,
and you warrant and represent that you have the legal capacity to enter into this Agreement.
Wise Grey Owl's web site provides tools to facilitate the exchange of information and knowledge. We provide a
service to enable our members to publish, and other people to purchase, digital content in on-line, eBook, DVD, CD-ROM, or
other electronic or printed formats. Digital content ("Content") may consist of information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials. We also provide services to our members, and facilitate
our member’s receipt of other services from third parties.
If you would like to participate in Wise Grey Owl forums and groups, or to publish or purchase content, you must become
a Wise Grey Owl member by registering and by agreeing to the terms of Wise Grey Owl's Member Agreement. By agreeing to these
terms and conditions and supplying your e-mail address to us and validating your e-mail address you are agreeing to become a
Wise Grey Owl member.
3. Wise Grey Owl Services
Pre-publishing, marketing, distribution, and other tools and services may be available from time to time for purchase or
for free at
http://www.wisegreyowl.co.uk (the "Services"). Use of these tools and services generally requires that you
register and become a Wise Grey Owl member.
The tools and services available as Services and which include a
link to a website outside of Wise Grey Owl's control ("Third Party Tools and Services") are subject to the terms and
conditions of such outside website, and Wise Grey Owl's terms and policies do not govern. If you decide to leave this Site
and access any such outside website or to use any tools or services from such outside websites, you do so at your own risk.
4. Community Use
As a User, you agree not to use the Site to:
In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and
national laws that pertain to your location, wherever you are. SPECIFICALLY YOU AGREE TO FULLY INDEMNIFY Wise Grey Owl IF
YOU USE THE SITE FOR ANY OF THE PURPOSES ABOVE AND IF YOUR ACTION IS UNLAWFUL OR INFINGES ANOTHER'S COPYRIGHT.
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise
- Harm minors, or anyone else, in any way;
- Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
- Interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage
software or hardware;
- Employ a robot, spider or other process or device to harvest e-mail addresses or other User information or to monitor
the activity on the Site;
- Impersonate another person or entity or to forge any e-mail communication or message; or
- Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to
- Publish content that you have plagiarised.
- Publish content that infinges another's copyright.
Wise Grey Owl reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive,
or potentially or actually harmful in any respect, or negatively affects site operations. At our discretion, we will
remove Content and/or ban Users who violate our policies with respect to the Site. We reserve the right to amend our
policies from time to time in our sole discretion.
In general, Wise Grey Owl collects information that could be used to identify you, such as your
e-mail address (collectively "Personal Data") only when you
register with Wise Grey Owl and when you use Wise Grey Owl services. However, some aggregated data is collected on all visitors
Information on Wise Grey Owl's collection and use of data about users, and our contact information regarding privacy issues,
6. Restrictions on Use of Materials
If you obtain Content or other materials off of the Site, you agree to the following restrictions with respect to such
materials and the information contained therein:
- You may not resell any such materials or otherwise profit from their use or display on the Wise Grey Owl marketplace;
- Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative works from the Content is
permissible only if explicitly designated in any permissions included with such materials and only to the extent so
explicitly designated. You agree to abide by any restrictions included with the Content;
- You will not allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer
such materials or any of your rights under this Agreement to any third party; and
- You will not remove or obscure any proprietary rights notices contained in or on such materials.
7. International Users
Wise Grey Owl makes no representation that material on the Site is appropriate to or available at locations outside of the
United Kingdom. You may not use the Site or export the Contents in violation of UK export regulations. If you access this
Site from a location outside of the United Kingdom, you are responsible for compliance with all applicable local laws
and payment of any local taxes that may be payable in connection with any purchase from the Site.
8. Operation of Site
Technical, maintenance and other issues may make the Site unavailable from time to time. Wise Grey Owl MAKES NO COMMITMENT,
WARRANTY OR GUARANTEE THAT THE SITE WILL OPERATE IN A TIMELY, UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE SITE WILL
MEET USERS' PURPOSES. Wise Grey Owl may in its discretion modify the features, availability, operation and/or look and
feel of the Site from time to time without notice to our users.
9. Disclaimers; No Warranties
EVERYTHING ON WISE GREY OWL'S SITE AND EVERYTHING SOLD VIA THE SITE, INCLUDING ALL SOFTWARE, SERVICES, INFORMATION,
MATERIALS, FORUMS, TOOLS AND CONTENT IS OFFERED BY Wise Grey Owl AND ITS THIRD-PARTY LICENSORS AND CONTENT PROVIDERS ON
AN "AS-IS," "AS-AVAILABLE" BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE PRIOR STATEMENT,
Wise Grey Owl DOES NOT VOUCH FOR THE QUALITY, ACCURACY, COMPLETENESS, OR CURRENTNESS OF ANY CONTENT OR INFORMATION SOLD OR
PROVIDED THROUGH THE SITE.
REGARDING DOWNLOADS, WISE GREY OWL DOES NOT REPRESENT OR WARRANT THAT DOWNLOADING CONTENT OR USE OF THE SITE WILL BE
SUCCESSFUL, AND DOES NOT REPRESENT OR WARRANT THAT ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER,
DATA, SOFTWARE, FILES OR PERIPHERALS. WISE GREY OWL WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE,
FILES, OR PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF THE SITE AND DOWNLOADING CONTENT.
10. Limitation of Liability
IN NO EVENT SHALL WISE GREY OWL OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS OR THIRD-PARTY LICENSORS
AND CONTENT PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, COVER, PUNITIVE, INCIDENTAL
OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SALES, OR LOST BUSINESS) DIRECTLY OR INDIRECTLY
RELATED TO OR ARISING OUT OF THE SITE, CONTENT ON OR SOLD THROUGH THE SITE, OR ANY TRANSACTION ENTERED HEREUNDER, WHETHER
IN CONTRACT, TORT OR OTHERWISE, EVEN IF WISE GREY OWL OR ANY OF ITS OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE LIABILITY OF Wise Grey Owl,
ITS OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT
OR OTHERWISE) IN ANY WAY CONNECTED WITH ANY TRANSACTION ENTERED INTO THROUGH OR IN CONNECTION WITH THE SITE SHALL NOT
EXCEED THE AMOUNT YOU PAID TO Wise Grey Owl IN CONNECTION WITH THE TRANSACTION GIVING RISE TO SUCH CLAIM. ANY ACTION UNDER
THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION OCCURS.
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Wise Grey Owl, its officers,
employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against Wise Grey
Owl in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this Agreement are as expressly
set out in this Agreement.
11. Proprietary Rights
Wise Grey Owl is the owner of all intellectual property rights, including all copyright, patents, and trademarks,
associated with the Site, with all rights reserved, exclusive of Content provided by third parties, which is owned by the
licensors of such Content. Wise Grey Owl owns the design, format and layout of the Site. Wise Grey Owl authorises Users of
this website to use the Site and to copy materials posted on the Site strictly for their own personal, non-commercial use,
provided you maintain all notices of rights that may be contained in such materials. Any and all other uses of the Content
or other materials posted on the Site are prohibited. Giving you permission to make a copy for your own use does not mean
that you can do anything else with such materials. In other words, your authorisation from Wise Grey Owl does not extend to
use of the design, format, or layout of this website, which may be further protected under applicable trade dress,
trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must
remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorisation
granted above. In granting this authorisation, Wise Grey Owl grants no other right, title, ownership, license, or other
property interest in the materials and subject matter posted on the Site, or in any intellectual property rights protecting
such materials and subject matter. FOR AVOIDANCE OF DOUBT, AND WITHOUT LIMITING THE FOREGOING, YOU HAVE NO RIGHT TO POST,
MAKE AVAILABLE TO OTHERS, OR OTHERWISE DISTRIBUTE IN ANY FORMAT ANY ELECTRONIC MATERIALS DOWNLOADED OR RETRIVED IN ANY OTHER
MANNER FROM THE SITE OR ANY DERIVATIVE WORKS OF SUCH MATERIALS.
The Wise Grey Owl logo and the names of all Wise Grey Owl products and/or services as posted on the Site are either
trademarks and/or service marks or registered trademarks and/or service marks of Wise Grey Owl.
This Agreement is binding. It cannot be changed, except as provided in the Amendments section below, unless both parties
agree to a change and that change is set out in a written document signed by both parties. The United Nations Convention
on Contracts for the International Sale of Goods shall not apply to this Agreement.
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
Every term of this Agreement is intended to be severable. If any term of this Agreement is found to be invalid or
unenforceable, then such term will be deemed amended and interpreted, if possible, in a way that renders it enforceable.
If such an interpretation is not possible, then the term will be deemed removed from this Agreement and the rest of this
Agreement will remain in full force and effect.
Wise Grey Owl's headquarters and principal operations, including control and supervision of the Site, are based in
Yorkshire, England. This Agreement is governed by the laws of the England, without regard to its "choice of law" or
"conflict of laws" provisions that would apply the laws of another jurisdiction. The parties agree that any dispute that
cannot be settled by good faith negotiation shall be submitted to English arbitration. The location of the arbitration
shall be England. The arbitration shall be conducted by a single arbitrator with experience in computer/technology
matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject
to appeal, and shall be enforceable in any court of competent jurisdiction.
Except for delay in payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage,
riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God,
etc.), then delays will be expected and performance may be excused. Wise Grey Owl and its subcontractors or suppliers
shall not be liable for any delay caused by the occurrence of such an event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer
of the other party for any purpose whatsoever.
References to business "partners" in connection with Wise Grey Owl's operations refer to organisations with which
Wise Grey Owl has business relationships and do not imply formal legal partnerships.
This Agreement is effective until terminated. Wise Grey Owl may terminate or suspend this Agreement immediately for any
reason and without prior notice to you. You may effectively terminate this Agreement by ceasing to use the Site. All
provisions of this Agreement relating to disclaimers, limitations of liability, and proprietary rights shall survive
By uploading or transferring material to our site you agree to the items being sold at a unit price published the
linked site where a user may purchase items you have listed. We will not be involved in any financial transaction
concerning the sale of any item listed and will make no fee when a user purchases an item you have listed.
15. Purchases from Wise Grey Owl
When you purchase items from Wise Grey Owl you are purchasing copyright material and you and only you
may use it. You will be subject to the copyright restructions indicated in the item purchased and you must
not distribute the item to any other person or other body.
Wise Grey Owl may change the terms in this Agreement from time to time. When the terms are changed, Wise Grey Owl will
make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If
you do not agree to be bound by any future changes, you should promptly notify Wise Grey Owl and discontinue your use
of the Site. If you use the Site after Wise Grey Owl has posted a change to these terms on the Site, you are agreeing to
be bound by that change.
YOU EXPLICITLY AGREE BY ACCEPTING THIS AGREEMENT THAT YOU WILL NEVER PLAGIARISE MATERIAL AND THEN POST IT ON OUR SITE AND
NEVER POST TO OUR SITE MATERIAL THAT WOULD INFINGE ANOTHER'S COPYRIGHT. FOR THE AVOIDANCE OF DOUBT YOU UNDERTAKE TO
INDEMNIFY US FULLY AGAINST ANY ACTION TAKEN BY A COPYRIGHT OWNER AS A RESULT OF YOUR ACTION IN INFRINGING ANOTHER'S
If you believe that any material contained in this Site infringes your copyright, you should notify Wise Grey Owl of your
copyright infringement claim.
Wise Grey Owl will process notices of alleged infringement which it receives and will take appropriate action as
required by applicable intellectual property laws.
Issue date: 3rd April 2012