Terms of use

TERMS OF USE

These terms of use (together with the terms and policies referred to in it) tell you how you can make use of our website, www.abctales.com (“ABCtales”), whether you’re a guest or a registered user. Please take the time to read this page carefully before you set up your ABCtales account, as these will apply to your use of our site. We recommend that you print a copy for future reference. By using ABCtales, you confirm that you accept these terms of use and agree to them. If you don’t agree to these terms of use, you must not use our site.

1. OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of ABCtales:

• Our privacy policy, which sets out terms on which we process any personal data we collect from you or that you provide to us. By using our site you consent to such processing and confirm all data you provide is accurate.

• Our cookie policy, which sets out information about the cookies we use on our site.

2. ABOUT US

www.abctales.com is a site operated by Burgeon Creative Ideas Ltd ("We"). We are a company registered in England and Wales under company number 03294060 and have our registered office at Barne House, Dry Lane, Christow, Exeter EX6 7PE.

3. CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

3. ACCESS

We aim to ensure ABCtales is always available for your use but there may be times when the entire site, or part of it, may not be. We’ll do our utmost to warn you if it’s going to be unavailable for any period (like when we’re carrying out essential maintenance) but there may be occasions when we’re not able to tell you in advance. We’ll aim to keep such interruptions to a minimum.

We can’t guarantee ABCtales will be bug or virus free so you should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

4. USING ABCTALES

We want you to make the most out of ABCtales but we have to have a few rules. You must not use ABCtales in any way that is:

• illegal, unlawful or fraudulent, or likely to encourage illegal, unlawful, or fraudulent behaviour;

• likely to be a nuisance, harmful, or deceptive to any other ABCtales users (including, by way of examples only, posting unauthorised advertising, sending spam emails, transmitting viruses or other potentially damaging programmes or files); and/or

• likely to damage the reputation of ABCtales.

If you choose to, you can share content using ABCtales. Whenever you share any content, in addition to the above, you confirm that such content shall:

• be factually accurate and not misleading and/or be your genuinely held belief or opinion based on facts;

• not be defamatory, discriminatory, obscene or offensive;

• not be threatening or harassing to any other person;

• not breach any applicable laws in the UK or that of any country from which the content was posted;

• not be likely to deceive, harass, needlessly upset, embarrass, alarm or annoy any other person;

• not infringe the copyright, trademarks or any other intellectual property rights of another person;

• not promote your own or your employer’s business, or otherwise include any advertising or promotional material;

• not be used to impersonate any person, or to misrepresent your identity or affiliation with any person (including ABCtales).

You acknowledge that you, not we, are responsible for the contents of any information or material that you add to ABCtales, and that the views expressed by other users of ABCtales do not reflect our views or values.

5. NOTICES AND TAKEDOWNS

There are only so many hours in the day, so we don’t monitor the ABCtales forums. This means we may not be aware of content posted by other ABCtales users. We operate on a “notice and takedown” basis so if you believe any content posted on ABCtales contains a defamatory statement, or have a complaint about such content, please notify us immediately by emailing luke@abctales.com.

We’ll do our best to temporarily remove the content from ABCtales within a reasonable time. After investigation we may permanently remove the content if we agree with your assessment of it. If we don’t agree we may reinstate the content at our discretion.

You agree that if any third party complains about any content you have posted to ABCtales we have the right to remove it. If after a reasonable investigation we think the complaint is valid we won’t be required to reinstate it.

6. INTELLECTUAL PROPERTY RIGHTS

OUR RIGHTS. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. All such rights are reserved by us. Whether you’re a guest or a registered subscriber, ABCtales is for your personal use only. You must not use any part of ABCtales, or the content on it, for commercial purposes without first obtaining an express licence to do so from us.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

YOUR RIGHTS. We don’t own anything you upload to ABCtales. It will always remain yours (provided of course you owned it in the first place!) You confirm that you own anything you post to ABCtales and, if not, that you have the owner’s permission to post it to ABCtales.

You agree to grant Burgeon Creative Ideas Ltd a royalty free licence to use, publish, and distribute any content you post to ABCtales strictly for the purposes of making the content available to you and other users.

You agree that we may transfer the benefit of this licence to any company, firm, or person to whom we may sell the whole or any part of our business so that they may continue to provide the ABCtales service to you.

You agree to reimburse us for any losses or damage we may suffer as a result of any claim by a third party that our use of your content in the manner permitted by you infringes their intellectual property rights or any other rights. You also agree that we have the right to disclose your identity to any such third party who claim their rights are being infringed.

7. NO RELIANCE ON INFORMATION

The content provided by us on ABCtales is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we can’t guarantee that content is accurate, complete, or up-to-date.

8. OUR LIABILITY

Every now and then it’s possible things may go wrong with ABCtales. If this happens, we’ll always do our best to put things right as soon as possible.

If we fail to comply with our obligations under these terms of use, or any of the terms and policies referred to herewith, we shall only be liable to you for any losses you suffer as a direct result of our failure to comply, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, which are a foreseeable consequence of such failure.

Since ABCtales is intended for personal use only we won’t be liable for any loss of profit, loss of business, business interruption, or loss of business opportunity. We shall also not be liable to you for any loss or damage suffered by you to the extent it is caused by your breach of any of the terms of this agreement or any terms or policies referred to in it.

We shall not be liable to you for any loss or damage you may suffer as a result of ABCtales or any part of it being unavailable or inaccessible to you for reasons outside our control or where we have given you reasonable notice.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, or for fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

9. LINKING TO OUR SITE

Please tell your friends, family, colleagues, and others about ABCtales! You may link to our homepage, as long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

10. THIRD PARTY LINKS AND RESOURCES

Where ABCtales contains links to other sites and resources provided by third parties, whether included by us or posted by ABCtales users, these links are provided for your information only. We have no control over the contents of those sites or resources and are not responsible for them.



11. APPLICABLE LAW



These terms of use are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. If you are a resident of Northern Ireland or Scotland you may also bring proceedings in Northern Ireland or Scotland, respectively.

12. FAILURE TO COMPLY WITH THESE TERMS

If you fail to comply with this terms of use agreement (or any of the terms and policies referred to in it), we reserve the right to:

• temporarily or permanently withdraw your right to visit our site or suspend or cancel your ABCtales account;

• temporarily or permanently remove any posting or material uploaded by you to ABCtales

• issue a warning against you;

• issue legal proceedings against you for reimbursement of all costs which may result from your failure to comply (including, but not limited to, reasonable administrative and legal costs);

• disclose information to law enforcement authorities as we feel is reasonably necessary.

Please note that the actions described above are not limited and we may take any other action we deem appropriate

13. CHANGES TO THE TERMS OF USE

We may revise this terms of use policy at any time by amending this page. You should check it from time to time to take notice of any changes, as they are legally binding on you.

14. CONTACT US

If you have any questions about this terms of use agreement or any of the terms or policies referred to in it, please email luke@abctales.com.