Terms of Service
Terms of Service
This agreement (“Agreement”) is between users of Falchion Publications, LLC (“Falchion”), and any related service website, tool or application (“Website”) put out by Falchion.
If you use Website anywhere in the world Falchion means Falchion Publications, LLC. This would include any usage of the website (www.falchionpub.com), the digital form of the Falchion magazine through the Apple Store, Google Play, or any other related app service platform, podcast (F-Pub), or any related service.
A reference to “you” means an intending user or user (as the case requires) of Falchion and a reference to “your” is a reference to you in the possessive form.
A reference to “we” or “us” is a reference to Falchion and a reference to “our” or “ours” is a reference to us in the possessive form.
This document is important and should be considered carefully by anyone intending to use the Website. Should you have any questions you may contact us by email at [email protected]
As this agreement may be updated from time to time, users of the Website should consider carefully whether any change to this agreement may affect them, and whether any change is suitable to their continued use of the Website.
This Agreement was last changed on 24 June 2018.
The material on the Website is copyright © 2015 – 2018 Falchion Publications, LLC.
Falchion and you agree as follows:
Acknowledgement as to Use
- By using (which includes, without limitation, accessing, browsing, viewing, listening to, and contributing to in any form including by way of writing articles or comments) the Website and continuing to use the Website you acknowledge and agree that you have had sufficient time to read and understand this Agreement. If you do not wish to be bound by this Agreement you agree to cease using the Website or related service and notify Falchion by email ([email protected]) so that we may deactivate any of your accounts on the Website or related service and in our discretion block any Internet Protocol addresses associated with you from accessing the Website or Falchion related services.
Licence to Use Website
We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Agreement.
- You may access and use the Website, digital app, or related service (including any incidental copying that occurs as part of that use) in the normal manner and may also print and/or store electronically one copy of any page within the Website for your own personal, non-commercial use.
- You must not add any content to the Website, digital app, or related service:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the Website, into disrepute; or
- that infringes the intellectual property or other rights of any person.
Falchion contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user-generated content or any content available on any linked website.
- You acknowledge and agree that:
- we retain complete editorial control over the Website, digital app, or related service and may alter, amend or cease the operation of the Website, digital app, or related at any time in our sole discretion;
- the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
- we may host and otherwise export your personal data within and outside o the European Union.
Intellectual Property Rights
- Nothing in this Agreement constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.
- By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- The licence in clause 9 will survive any termination of this Agreement.
- You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 8 and 9.
- You represent and warrant to us that:
- you have the legal capacity to enter this Agreement; and
- you have complied with clause 4.
- To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
- To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.
- This agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- in the case of goods:
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of having the goods repaired, and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- You must not assign, sublicence or otherwise deal in any other way with any of your rights under this Agreement.
- We may assign, sublicence or otherwise deal with the benefit of this Agreement to us and any of our rights and or obligations hereunder without requiring your consent.
- If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
- Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
- This Agreement will be governed by and construed and interpreted in accordance with U.S. law in the state of Texas.
- You acknowledge and agree that all of our policies published on the Website are part of this Agreement, including but not limited to:
- As part of the Website and our marketing materials, you agree that we may publish your use of the Website and in so doing we may:
- display your personal and/or business name;
- display your biographical and/or business history data; and
- display your logos and trademarks.
- If you register to use an account with the Website (“Account”), you agree to provide accurate, complete and true information on any and all forms you access on the Website.
- You must update your information provided to the Website to maintain its accuracy, completeness and truthfulness.
- You authorize us to verify your identity through any means we consider expedient.
- In the event we are unable to verify your identity to our satisfaction we may close, suspend, or limit you access to the Website and any Account, which you may have registered.
- Falchion operates the Website as an interactive magazine allowing users to write and comment upon articles published on the Website and which may include editing services of such articles (“Falchion Service”).
- You acknowledge the content produced by writers and contributors to the Website in their use of the Falchion Service is not that of Falchion, and in that regard you agree:
- to use such content at your own risk;
- that no warranty or representation about the accuracy or reliableness of such content is made by Falchion;
- to hold Falchion harmless from all liability for any damage you may suffer relying on anything contained in or omitted from such content, to the full extent permitted by law; and
- to conduct your own due diligence and prevention of fraud measures in relation to users of the Website and such content.
- Falchion may negotiate with and pay a fee to certain users of the Website who write and contribute content to the Website which, if this clause applies to you, is in consideration of you agreeing to the preceding clauses of this Agreement (in addition to any other consideration in this Agreement, such as the exchange of promises in the preceding clauses).
- In any event, in consideration of the Falchion Service, you agree to be bound by the preceding clauses of this Agreement (in addition to any other consideration in this Agreement, such as the exchange of promises in the preceding clauses).