Lament For The Fallen - Terms of Service

Copyright

First published in Great Britain in 2016 by Doubleday, an imprint of Transworld Publishers.

Copyright © Gavin Chait, 2016

The right of Gavin Chait to be identified as the Author of the Work has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988. This author supports copyright. Copyright gives creators space to explore and provides for their long-term ability to sustain themselves from their work. Thank you for buying this book and for complying with copyright laws by not reproducing, scanning, or distributing any part of it without permission. Your support will contribute to future works by this author.

ISBNs 978 0 8575236 9 3 (cased)

978 0 8575237 6 1 (tpb)

This is a work of fiction and, except in the case of historical fact, any resemblance to actual persons, living or dead, is purely coincidental.

Every effort has been made to obtain the necessary permissions with reference to copyright material, both illustrative and quoted. We apologize for any ommissions in this respect and will be pleased to make appropriate acknowledgements in any future edition.

Definition of Terms of Service

Please read these Terms of Service completely and carefully before using lamentforthefallen.com (the "Site") and the services and content offered by Whythawk Limited (trading as Qwyre) ("Qwyre", "we", "us" or "our"). This site, as well as any downloadable content, are collectively defined as the "Services". These Terms of Service set forth the legally binding terms and conditions for your use of the Site and Services.

In order to use the Services, you must be 13 years of age or older. If you are under age 13, you may not use the Services under any circumstances or for any reason. These Terms of Service apply to all users of the Services, including, without limitation, users who are registered or otherwise. If you don't agree with these terms, please do not use the Services.

Acceptance of Terms of Service

By registering for and/or using the Services in any manner - including but not limited to visiting or browsing the Site - you agree to these Terms of Service and all other operating rules, policies, and procedures published on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. When we make changes that we consider significant, we will post a notice on the Services.

From time to time part of the Services may be subject to additional terms and conditions specified by us. When we make changes that we consider significant, we will post a notice on the Services. By continuing to use such Services after these changes are made, you are expressing your acceptance of these additional terms and conditions, which are incorporated into these Terms of Service by this reference.

Eligibility

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Registration

You are not required to register for an account on the Services (an "Account") to either purchase or read the public pages of the Services.

Should you wish to register an Account, you will be required to use an existing Facebook account which is yours and which you have a legal right to use and access.

You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the Services. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorised use of your Account. You should never publish, distribute or post login information for your Account.

Content

Definition

For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.

Notices and restrictions

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Use license

Subject to these Terms of Service (including payment of all applicable fees and charges), we grant each registered user of the Services a worldwide, non-exclusive, non-sublicensable, revocable,and non-transferable license to access and use the Services in the manner set forth herein, and to access ebook Content we make available via the Services solely for such user's personal, non-commercial purposes following purchase or online lending of such Content, and subject to any further usage restrictions we may indicate on the Services with respect to such Content. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Download license

Subject to your compliance with the Terms of Service, and paying a fee via this Site to purchase a copy of the Content, we grant you a limited, non-exclusive, non-transferable, freely revocable license to download (including, without limitation download to a portable device), print, and have printed select content for personal use, except as we may restrict or block on our own initiative.

Availability of content

We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

Privacy policy

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications ("Third Party Services") that you elect to access through the Service or to individuals that we do not manage or employ. When you click on a third party logo displayed on or in the Services, and it links you to a different website or application, you are acknowledging that our Privacy Policy no longer applies to that website or application. You must read the privacy policies of the Third Party Services to see how your personal information will be handled on such Third Party Services.

While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

We collect the least amount of information required to offer you the Services.

When you create an Account, you will provide information that could be Personal Information, such as your username, password and email address. The information we collect here will be used to process your registration, your orders and payments, and to communicate with you about these topics, among others. We may also use the e-mail address provided to send you updates about us and the Services, including news about added features, special offers and promotions, surveys, and other general correspondence about the Services. If you do not want to receive certain types of communications from us, simply adjust your e-mail preferences through your Account settings.

You acknowledge that this information may be personal to you, and by creating an account on the Services and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you information about our Services, but as stated above, we will contact you only rarely when we feel such information is important.

If you connect to the Services using your Facebook account, you are authorising us to collect authentication information. This does not include your Facebook account password, but it does include your username, encrypted access credentials, and any other information that may be available on or through your Facebook account, including your name, profile picture, and e-mail address. We may store this information for two purposes: to personalise and improve your experience, and to verify your credentials with Facebook to ensure a smooth and optimal login flow. Your activities on Facebook are covered by the Facebook Terms and Policies.

We receive and record information regarding reading behavior on the services including, but not limited to, the specific pages opened or read, and words displayed to end users.

We us a third party payment processing company (the "Payment Processor") and this site never has access to any of your financial information or credit card details. Please review the Terms of Service of the Payment Processor for their Privacy Policy.

We automatically record your IP address when purchasing from the Services as we are legally obliged to do so. This information is never shared unless we are legally compelled.

Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorised by us to figure out how often individuals use parts of the Services so that we can analyse and improve them.

We also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service or Payment Terms, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your smartphone, computer and browser.

We otherwise store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorised access to information about you that we store, Personal Information or otherwise.

Rules of Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

Payments

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Bitcoin

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Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:

- which users gain access to the Services;

- what Content you access via the Services; or

- how you may interpret or use the Content.

You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

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Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of liability

In no event shall we, nor our directors, employees, agents, partners, suppliers or third party content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of fees paid to us for the particular services during the immediately previous one (1) month period.

Governing law and jurisdiction

These Terms of Service, and your relationship with us hereunder, shall be governed by and construed in accordance with the laws of the United Kingdom. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the courts of the United Kingdom, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case we may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, we are able to offer the Services at the terms designated, and that your assent to this provision is an indispensable consideration to this Terms of Service.

Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

Miscellaneous

Entire agreement and severability

These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment

These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

Notices

Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service. Electronic notices should be sent to legal@qwyre.com.

We may issue notices via various channels, including by posting messages on our Website. You consent to receive notices by e-mail and agree that any such notices that we send you shall be legally effective and satisfy any requirement that the notices be provided in writing. If you do not agree, do not accept these Terms. You have the right to withdraw your consent, and, when required by law, we will provide you with paper copies of all documents and records upon request. You may do so by contacting us at the email or mailing addresses provided in these Terms. If you withdraw your consent, we reserve the right to terminate the Agreement between us. By accepting these terms, you verify that you are able to receive, access, and retain the notices we may send. You may change your e-mail address for notification purposes at any time by editing your account information on our website.

No waiver

Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorised representatives.

Headings

The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

Term and termination

We shall have the right to terminate this Terms of Service including, without limitation, your right to access and use the Services, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Terms of Service. You may terminate this Terms of Service at any time by deactivating your user account on the Services and discontinuing use of any and all parts of the Services. Upon termination of this Terms of Service for any reason, you shall immediately cease using the Services. All provisions of these Terms of Service and the Payment Terms which by their nature should survive termination shall survive any such termination, including, without limitation, your licenses of User Content, ownership provisions, warranty disclaimers, indemnity obligations, your payment obligations under the Payment Terms, limitations of liability, and provisions related to choice of law.

Contact

You may contact us at the following address: 8c High Street, Southampton, SO14 2DH or legal@qwyre.com.

Registered company details: Whythawk Limited, Number 06583455, VAT Number 155451709.