website terms + conditions
The following terms and conditions (collectively, these "Terms and Conditions" or the “Agreement”) apply to your use of https://www.textboxdigital.com/ (the “Website”) including any content, functionality and services (collectively the “Services”) offered on the "Website").
Please read the Terms and Conditions carefully before you begin using textBOX, because by using the Website you accept and agree to be bound and abide by these Terms and Conditions.
textBOX Digital Ltd, an accessibility technology company with a registered office at Suite 301, 88 Lower Marsh, SE1 7AB, UK, make the Website available subject to the following Terms and Conditions.
These Terms and Conditions are effective as of 30 September 2018.
1. CONDUCT ON WEBSITE
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website.
By posting information in or otherwise using any communications service, contact form (“mailBOX”), database (“searchBOX”), blog (“soapBOX”), message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
Impersonates any person or entity, including any of our employees or representatives
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, databases, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You must provide textBOX accurate information when you create your user accounts. Your textBOX accounts give you access to the Services.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. textBOX cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify textBOX immediately upon becoming aware of any breach of security or unauthorized use of your account.
For information about selecting a secure password please visit the Memorized Secret Verifiers section of the National Institute of Standards and Technology (NIST) Digital Identity Guidelines.
3. INTELLECTUAL PROPERTY
By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of textBOX.
You are only permitted to use the content as expressly authorized by us. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website.
4. DMCA NOTICE
textBOX respects the intellectual property rights of others.
If you have cause to believe that any materials accessible on the Website infringe upon your copyright, you may request removal of those materials from our Website by submitting written notification to our copyright agent at the address designated below. Such notification must comply with the Digital Millennium Copyright Act,17 U.S.C. § 512(c)(3)(A), which states that the following elements must be provided:
Elements of Notification:
(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Please submit such notices for proper investigation to firstname.lastname@example.org.
textBOX reserve the right to delete or disable content alleged to be infringing.
Our designated agent for notice of alleged copyright infringement on the Website is:
88, Lower Marsh
Please note that knowing misrepresentations of infringement are liable for damages under the Digital Millennium Copyright Act,17 U.S.C. § 512(c)(3)(F).
5. THIRD PARTY WEBSITES
This Website may direct you, via links, to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by third parties. These websites may contain information or material that some people may find inappropriate or offensive.
These third-party websites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided as a convenience only and, unless expressly stated, does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.
6. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
(a) DISCLAIMER OF WARRANTY
TEXTBOX MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREiN. THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM ALL WARRANTIES BY TEXTBOX RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
(b) LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWABLE AT LAW TEXTBOX ARE NOT LIABLE FOR DAMAGES, DIRECT OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THE WEBSITE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM YOUR VIOLATION OF ANY THIRD-PARTY'S RIGHTS. YOU ACKNOWLEDGE THAT YOU HAVE ONLY A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO USE THE WEBSITE.
7. TERM AND TERMINATION
These Terms and Conditions will become effective in relation to you when you register for a textBOX account or when you start using the Website and will remain effective until terminated by you or by us.
textBOX reserves the right to terminate these Terms and Conditions or suspend your account at any time in case of unauthorised or suspected unauthorised use of the Website whether in contravention of these Terms and Conditions or otherwise. If textBOX terminates these Terms and Conditions or suspends your account for any of the reasons set out in this section, textBOX shall have no liability or responsibility to you. If the Agreement is terminated, you agree to cease all Site Use and, upon request by textBOX, to return all information in your possession relating to the Website, and all copies thereof.
textBOX may assign these Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.
9. ENTIRE AGREEMENT, SEVERABILITY AND INTERPRETATION
textBOX may provide notifications, whether these are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion.
Any notice provided to textBOX hereunder shall be in writing and deemed to have been duly given at the time of receipt if delivered personally or via overnight express, or three (3) days after being mailed via registered or certified mail, postage prepaid, return receipt requested to the textBOX address as first set forth below; or, immediately upon confirmed transmittal by e-mail or fax to an e-mail or fax address provided by the receiving party in writing for such purpose.
12. GOVERNING LAW
These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with English law without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in England.
textBOX wish to address your concerns without resorting to formal legal dispute resolution. Before filing a claim, each party agrees to attempt to resolve the dispute by contacting the other party through the notice procedures defined in these Terms and Conditions. If a dispute is not resolved within 30 days of notice, you or textBOX may bring a formal proceeding.
With the exception of seeking injunctive relief to stop unauthorised use or abuse of the Service or infringement of Intellectual Property Rights, you and textBOX agree to resolve any claims relating to this Agreement or the Service through final and binding arbitration.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be one.
The seat, or legal place, of arbitration shall be London, England.
The language to be used in the arbitral proceedings shall be English.
The governing law of the contract shall be the substantive law of England.
The provisions of this Agreement which by their nature and content are intended to be observed, kept or performed after termination of this Agreement will survive the termination of this Agreement and remain binding upon and for the benefit of the parties, their successors and permitted assignees.
15. SECTION HEADINGS
Section headings are for convenience only and shall not be a part of this Agreement.
16. NO AGENCY
You and textBOX are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If this Agreement conflicts with a provision of any other contract between you and textBOX relating to the Website, the provision in such other Agreement shall govern.
18. END NOTES
If you have any questions about these terms and conditions, please contact textBOX at email@example.com and we will be happy to help.
These Terms and Conditions were updated on 2 December, 2019
© textBOX Digital Ltd, 2019