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Terms and Conditions

TERMS AND CONDITIONS

1. Acceptance of Terms and Conditions
2. The Site
3. Membership subscription
4. Membership registration obligations
5. Cancellation of Membership
6. User submissions
7. Online conduct
8. Indemnity
9. Sanctions
10. Trademarks and copyright
11. Advertising and third-party Sites
12. General restrictions
13. Limitation of Liability
14. Rights of third parties
15. Variation
16. Law and Disputes

1. Acceptance of Terms and Conditions

1.1. These terms and conditions (“Terms and Conditions”) constitute an agreement between you and The Book of Man Limited (“we” “us”) regarding your use of www.bookofman.com and any services offered to you through the site, and all associated web pages (the “Site” and the “Services” as further defined below).

1.2. You agree to be legally bound by these Terms and Conditions when you access the Sites, register to use, pay for the Services and/or where you proceed to access and use the Membership Service through the Site. These Terms and Conditions contain important information about your rights and obligations and the restrictions that may apply when you use the Services. If you do not agree with any of these Terms and Conditions then you should not register for, access or use the Site or the Services.

1.3. Definitions:

Content means all data, text, software, music, sound, photographs, graphics, images, video, audio, messages or other materials or other multimedia content, software or other information or material
Cookie Policy means the policy which governs how we use cookies in the Site, which can be accessed at https://thebookofman.com/cookie-policy/
Privacy Policy means the policy which governs how we process any personal data collected from you which can be accessed at https://thebookofman.com/privacy-policy/
Site www.thebookofman.com and any associated web pages, including pages only available to Membership subscribers
Services means the Membership and any other services offered by The Book of Man now or in the future
Membership means the subscription service detailed at clause 3
Forum discussion forum for Membership subscribers
We, us, our or The Book of Man means The Book of Man Limited, company registration number 11045647, with VAT registration number 8916615993 and the registered office of which is at 139a Waller Road, London SE14 5LE and
You or your means the person accessing or using the Site or its Content.

1.4. Each service offered to you may be subject to additional terms and conditions (“Additional Terms”). If there is any inconsistency between these Terms and Conditions and any Additional Terms, the Additional Terms shall prevail.

1.5. These Terms and Conditions incorporate our Privacy Policy and our Cookie Policy.

1.6. If you have any questions about the Site, please contact us by e-mail at martin@thebookofman.com.

2. The Site

2.1. The Site is for your personal and non-commercial use only.

2.2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your access to and use of the Site.

2.3. The Site and the Services are intended for users that are 18 years old or over and only by those who can access it from within the UK. If you choose to access the Site or Services from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

2.4. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at martin@thebookofman.com.

2.5. To be able to access and view Content using the Site you must have a compatible device and an active broadband internet connection or mobile network connection. You will be responsible for any costs and other charges or expenses charged by your Internet Service Provider or network operator in relation to your internet service, your mobile service and any use in relation to the Site.

2.6. We reserve the right to remove and/or alter the Content available via the Site or Services and/or the functionality of the Site or Services at any time and for any reason whatsoever. All Content is subject to change and is variable from time to time.

2.7. We will make reasonable efforts to keep the Site operational at all times, however we cannot guarantee that your use of the Site will be uninterrupted or error-free. From time to time we may temporarily suspend or remove the Site for technical, maintenance or operational reasons.

2.8. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

2.9. Content is provided for your general information purposes only and to inform you about us, news, features, services and other websites that may be of interest. It does not constitute medical, technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

3. Membership subscription

3.1. Our Membership is subscription service with options for monthly and annual subscriptions. We reserve the right to vary the features and types of service we make available to different categories of users at any time.

3.2. You agree that at the end of the initial subscription period (and of each renewal period thereafter), your subscription will automatically renew for the same subscription period at the then prevailing renewal rate (unless specifically stated when you sign up for Membership), which may change from time to time. You may cancel your subscription at any time as set out below.

3.3. All prices shall include VAT where applicable.

3.4. Trial subscriptions are available to new subscribers only. Discounts may be offered or withdrawn at our discretion.

3.5. Your subscription will automatically renew and you will continue to have access to the Membership until you cancel your payments or if we terminate your access.

4. Membership registration obligations

4.1. You agree to:

4.1.1. provide true, accurate, current and complete information about yourself when filling out our registration form; and

4.1.2. maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.

4.2. Your password is confidential to you and you are responsible for keeping it secure. If you know or suspect your password has been compromised you must change your password as soon as possible using the functionality provided within the Site. We will never ask you for your password in an email or when calling you by telephone. We will never invite you to log in to your account through a link in any email communication you receive from us. If we believe there has been, or there may be, a breach of security we may suspend accounts and/or require that passwords be changed.

4.3. Your screen name will be used to identify you in online competitions and Forum areas. Have fun with your screen name but note that vulgar or offensive names will constitute a breach of these rules. If you are offended by another user’s screen name, please email us at martin@thebookofman.com immediately.

4.4. We are concerned about the safety and privacy of all our users. Please remember that our Forum areas are designed to appeal to The Book of Man audience. Accordingly, it is your responsibility to determine whether any use of the Forum areas and our Site is appropriate for a child.

4.5. 5.6.  Your registration information and other details provided by you and certain other information about you is subject to our Privacy Policy.

5. Cancellation of Membership

5.1. You can cancel within 14 days of the start of your Membership subscription without giving any reason and we will reimburse to you all payments received from you in relation to the applicable purchase of the Membership. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, we will not charge you any fees as a result of the reimbursement.

5.2. If you wish to cancel after the first 14 days of your subscription, you will not be entitled to a refund and will be committed to your minimum subscription term.

5.3. The easiest way to cancel the Membership is by going to “My Subscription” in “My Account” in the Membership area, or you can contact us at martin@thebookofman.com.

5.4. You will continue to have access to the Membership for the remainder of the month or year for which you have paid but your access to the Membership will not renew at the end of that month/year. If you cancel part way through a billing month or year you will not receive a refund in respect of the remainder of that month/year.

5.5. Your repeat monthly/annual charge will, where possible, be charged on the same date each month/year and will be the date set out in your Membership welcome email. If that date does not occur in a particular month then the payment will be charged on the last date of that month. Your next billing month or year will start on the date of your next charge.

6. User submissions

6.1. You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated. This means that you, and not The Book of Man, are entirely responsible for all Content that you upload, post or email via our Forum areas and our Site. We do not control the Content posted via any Forum area and therefore do not guarantee the accuracy, integrity or quality of the Content.

6.2. Under no circumstances will we be liable in any way for any Content, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content including any reliance on its accuracy or completeness. You also understand that by using our Forum areas and our Site, you may be exposed to Content that is offensive, in-decent or objectionable.

6.3. You acknowledge that we do not pre-screen Content but that we shall have the right (though not the obligation) in our sole discretion to move, modify or remove any Content that is available on or via any Forum area or our Site generally.

6.4. The views expressed in any Content or material which is uploaded by you or other users of the Site do not reflect our views.

6.5. You grant to us a worldwide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform or display any Content (in whole or part) you upload, post or email and/or to incorporate such Content in other works in any form, media or technology now known or developed.

7. Online conduct

You agree that you will not use any Forum area or any part of our Site to:

7.1. upload, post or email any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;

7.2. harm minors in any way;

7.3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any Content;

7.4. ‘stalk’ or otherwise harass another;

7.5. collect or store personal data about other users;

7.6. upload, post or email any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

7.7. upload, post or email any Content that infringes any intellectual property rights of any party;

7.8. upload, post or email any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of solicitation;

7.9. upload, post or email any Content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

7.10. disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the Forum areas are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; or

7.11. violate any applicable national or international laws or regulations.

8. Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any Content you upload, post or email on or through our Forum areas or our Site, your use of the Forum areas and our Site, or your breach of the provisions of these rules.

9. Sanctions

9.1. As soon as we are made aware of activities that breach these rules, our terms and conditions or our privacy policy, prompt action will be taken. If you witness such breaches in the Forum areas or anywhere else in our Site, please notify martin@thebookofman.com immediately.

9.2. On being made aware of any such breaches, we may ban, delete, or prohibit any Content that relates to those breaches or that we judge harmful to individuals or the rights of The Book of Man or any of our affiliates, licensors or partners.

9.3. We reserve the right to take whatever action we deem necessary to prevent such breaches including the following:

9.3.1. breaches we deem minor may result simply in receipt of a warning from us; or

9.3.2. breaches we deem serious may result in your automatic ban from our Forum and our Site generally.

All incidents will be logged and our decision is final in all such cases.

9.4. Any breaches may lead: (i) to us reporting your activities to your Internet service provider, relevant authorities; or (ii) to legal action being taken against you, or both.

9.5. In addition we may at any time move, modify or remove any Content or take further legal action as a result of breaches or suspected breaches of these rules, our privacy policy, any applicable laws or regulations, or where our rights or third-party rights are threatened or infringed.

10. Trademarks and copyright

All intellectual property rights in the Site and all Content shall remain at all times the property of us or our licensors. The names, images and logos identifying us, our partners or third parties and our/their products and services contained within the Site are proprietary marks and may not be reproduced or otherwise used without our express permission. Nothing in these Terms and Conditions shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of us, or of any third party. You do not acquire any ownership right in any Content by accessing the Content on the Site or any legal rights in the Site other than as necessary to enable you to access the Site.


<p?>11. Advertising and third-party sites

The Site may contain links (whether by way of an advertisement or otherwise) to other third-party sites and services. Such links are provided for your ease of reference and convenience only. We have no control over those third-party sites or services and are not responsible for their contents. We do not endorse the material contained in any third party’s sites or services and have no association with their operators. You agree that we will not be a party to any transaction or contract with a third party that you may enter into and we will not be liable to you for any loss or damage which you may suffer by using those third party sites and services. You agree that you will not involve us in any dispute you may have with such third-party sites and services.

12. General restrictions

12.1. You agree that you will comply with our reasonable instructions regarding your use of the Site. You agree that you will not (and you will not allow any other person to) use the Site for any purpose which is commercial, unlawful or otherwise improper. In particular, except as expressly permitted by these Terms and Conditions or otherwise by us, you will not by any means as a result of or in connection with your use of the Site:

12.1.1. share your login with anyone else;

12.1.2. remove, alter, bypass, avoid, interfere with or circumvent the digital rights management software or geo-blocking software;

12.1.3. copy, download, lend, hire, broadcast, stream, capture, reproduce, archive, share, distribute, modify, translate, display, transmit or make the Content available to the public;

12.1.4. remove or alter any copyright or other proprietary notice from the Site or from any Content;

12.1.5. extract any data or metadata from the Site or any Content nor create any index or database incorporating any Content or any part of it;

12.1.6. block, disable, obscure or impair any advertising on the Site or associated with any Content;

12.1.7. capture or store any personal information relating to other users of the Site;

12.1.8. incorporate the Site into another service or website or make it available via frames;

12.1.9. reverse engineer, decompile, disassemble, alter, duplicate, modify, rent, lease, loan, sub-license, make copies, create derivative works from, distribute or provide others with the Site or any Content;

12.1.10. create any works or materials derived from or based on any Content or the Site;

12.1.11. use the Site in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person; or

12.1.12. do anything that may cause damage to the Site or our servers, systems or equipment or those of third parties, nor access or attempt to access any users’ data or to penetrate or attempt to penetrate any applicable security measures.

12.2. You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of the Site in breach of these Terms and Conditions or from your violation of any applicable law or regulation.

12.3. You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make.

12.4. We reserve the right to suspend, restrict or terminate your access to the Site at any time at our sole discretion. We may also ban or suspend you as a user of the Site if you do not comply with these Terms and Conditions, any terms or policies to which they refer or any applicable law.

13. Limitation of liability

13.1. All services are provided on an ‘as is’ and ‘as available’ basis. We cannot promise that the Site will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the Site will work on all devices. We make no guarantee that all or any features of the Site will work on any particular device. Whilst we do take reasonable precautions to prevent the occurrence of computer viruses and/or other malicious programmes, we do not guarantee that they will not be present.

13.2. We will not be responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the Site, including where the damage or loss results from our breach of these Terms and Conditions.

13.3. The Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms and Conditions we will not be liable to you or to any other person in the event that all or part of the Site is unavailable, discontinued, modified or changed in any way.

13.4. We do not accept any liability for:

13.4.1. any damage or loss caused to you where you are not entering into these Terms and Conditions as a consumer;

13.4.2. any failure, any suspension and/or any termination of access to the Site or any content in connection with or arising out of a force majeure event. In these Terms and Conditions, a “force majeure” event means any event, circumstance or cause beyond our reasonable control and shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm, epidemic or pandemic, or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; and/or

13.4.3. any claims brought against you by a third party except as stated in these Terms and Conditions.

13.5. Nothing in these Terms and Conditions will: (i) restrict your statutory rights as a consumer; or (ii) limit our liability for death or personal injury resulting from our negligence or for fraud.

14. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms. You may not transfer your rights under these Terms and Conditions to any other person.

15. Variation

Please note that we may update and amend these Terms and Conditions from time to time. By proceeding to use the Site you agree to be bound by any changes to these Terms and Conditions. However, it is your responsibility to ensure you review these Terms and Conditions regularly at https://thebookofman.com/terms-of-use/ to familiarise yourself with any changes.

16. Law and Disputes

16.1. These Terms and Conditions are available in English only and shall be governed by and construed in accordance with the laws of England.

16.2. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16.3. If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.

Updated on 22 October 2021