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New Generation Publishing Ltd
Website Terms and Conditions of Use
The website www.newgeneration-publishing.com (the “Website”) is owned and operated by New Generation Publishing Limited and the expressions “New Generation Publishing”, “we” and “us” and “our” mean New Generation Publishing Limited (Company Number 07854568) whose registered office is at 9 The Fairway, Northwood, Middlesex HA6 3DZ.
These are the Website terms and conditions (the "Website Conditions"), which apply to the use of the Website by you, the end user. By using the Website you agree to be bound by these Website Conditions.
If you do not agree to be bound by these Website Conditions, you may not use or access the Website and we will have the right to prevent your access to the Website.
If you purchase from the Website any rights in respect of any content registered on the Website, our Standard License Terms apply to that purchase.
If you register rights in respect of content for sale on the Website, our Registration Agreement will apply to our relationship in respect of that content.
If there is anything that you do not understand please feel free to email any enquiry to us here: firstname.lastname@example.org.
1. Your Obligations
1.1 You will not:
(a) use the Website for any illegal purpose and you agree to use the Website in accordance with all relevant laws;
(b) upload or transmit through the Website: (i) any computer viruses, trojan horses, or anything else designed to interfere with the normal operating procedures of a computer; or (ii) any material which is defamatory, offensive, or of an obscene or menacing character;
(c) use the Website in a manner which: (i) may cause the Website to be interrupted, damaged or rendered less efficient; or (ii) violates the rights of any other person (including, but not limited to, rights of intellectual property, confidentiality or privacy); and
(d) create or publish a hypertext link to any part of the Website without our express written consent;
(e) use any of the content of the Website or any of our names, logos, brands or marks without our express written consent; or
(f) attempt any unauthorised access to any part of the Website;
(g) sell on your access to the member areas of the site or any aspect of your membership to any third-party.
1.2 You agree that, in the event that you have any right, claim or action against any third party arising out of that third party's use of the Website, then you will pursue such right, claim or action independently of us.
1.3 You will fully indemnify New Generation Publishing Ltd against any liability to third parties arising from use of the data or a supplied image (as defined in sub-clause 5.1) in breach of these Website Conditions.
2. Our Rights
2.1 We may:
(a) modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you. You confirm that we shall not be liable to you for any modification to or withdrawal of the Website; and/or change these Website Conditions from time to time. You agree that your continued use of the Website following such change shall be deemed to be your acceptance of such change. You should check back here regularly as you will be bound by these Website Conditions every time you visit the Website. If you do not agree to any change to the Website Conditions then you must immediately stop using the Website; and/or
(b) investigate any complaints relating to the Website and take any action that we believe is appropriate (which may include, but is not limited to, removing any materials from the Website).
2.2 The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website for any reason.
3. Privacy and Personal Information
4. Disclaimer of Warranty
4.1 Subject to Website Conditions 5.1 and 5.2 below, the Website is provided, on an 'as is' and 'as and when available' basis without any representation or endorsement and we make no guarantees or warranties of any kind, whether express or implied, in relation to the Website, its content or any services offered on the Website.
4.2 In particular, we make no warranties that the Website, its content or any services offered via the Website will meet your requirements or will be uninterrupted, timely, secure or error-free. We also give no guarantee or warranty that defects will be corrected, or that the Website or the server which makes it available are free of viruses or bugs or are fully functional, accurate, or reliable. If a fault occurs in the Website you should report it to email@example.com and we will attempt to correct the fault as soon as we reasonably can.
5.1 Whilst we will use reasonable endeavours to verify the accuracy of any information or any image placed by New Generation Publishing on the website under these Website conditions, and/or any copy thereof, whether in digital or printed or any other form (“supplied image”), we make no guarantees, warranties or representations, whether express or implied in relation to its accuracy.
5.2 Nothing in these Website Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability for fraud. or for any other liability that cannot be excluded or limited by law.
5.3 We will not be responsible to you or any third party for any business loss (including both direct or indirect loss: of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss in connection with the Website.
5.4 Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting from causes beyond our reasonable control. Events beyond our reasonable control include, without limitation, viruses, distributed denial-of-service attacks, internet, telecommunications and computer equipment failures, labour disputes, civil disturbances, fires, storms, governmental actions and orders of domestic or foreign courts or tribunals.
5.5 Except as expressly set out in these Website Conditions all conditions or warranties, express or implied, statutory or otherwise are hereby expressly excluded to the maximum extent permitted by law.
6. Intellectual Property
6.1 Save as set out in Website Condition 7.4 below, you acknowledge and agree that all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by New Generation Publishing Ltd. You are permitted to use this material only as expressly authorised by us.
6.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal use only. You agree that any other use of the material and content of the Website is strictly prohibited. You agree not to copy, reproduce, distribute or commercially exploit any such material and content without obtaining our consent or a license from our licensors.
6.3 You acknowledge that material and content contained within the Website is owned by New Generation Publishing Ltd or New Generation Publishing Ltd third-party suppliers and is protected by United Kingdom database rights, copyright laws, international treaty provisions and all other applicable national laws. You acknowledge and agree that all rights in material and content contained within the Website and all parts thereof and all copyright, patent, other intellectual property rights, database rights and all goodwill associated therewith remain the property of New Generation Publishing Ltd or its third-party suppliers and no rights thereon pass to you under these Website conditions. You shall not hold out to be the owner of the intellectual property rights in material and content contained within the Website, or as being entitled to use any of it other than for the Permitted Purposes and as permitted under these Website conditions.
6.4 By submitting material to any public forum that we make available on the Website, you confirm that you own any intellectual property in such materials or that you have permission from the owner. You further agree that you have obtained the informed consent of any subjects of any images. You hereby waive any moral rights you may have in relation to such content.
6.5 You acknowledge that New Generation Publishing Ltd does not claim to hold any rights material and content contained within the Website or and that these Website conditions do not grant or purport to grant any rights therein or any licence to you to use material and content contained within the Website or supplied images for a particular purpose.
6.6 You acknowledge that copyright in material and content contained within the Website or supplied images is, in all cases, retained by the original copyright owner (or its assignee as the case may be), that no copyright will pass to you under the Website conditions and you are solely responsible to the copyright holder for any use which you make of supplied images.
6.7 In the event that New Generation Publishing Ltd notifies you that specified material and content contained within the Website or supplied image have been withdrawn by the copyright owner or that the copyright owner has otherwise objected to the use of its material and content contained within the Website or image by New Generation Publishing Ltd or yourself, you will forthwith delete the specified supplied material and content contained within the Website or image and any copies thereof from your records and will make no further use of the said specified material and content contained within the Website or supplied image.
Without limiting sub-clause 2.3 of these Website conditions, you shall fully indemnify New Generation Publishing Ltd against any claim brought against New Generation Publishing Ltd on the basis that your use of a material and content contained within the Website or supplied image has infringed the rights of the publisher and/or copyright owner of the material and content contained within the Website or supplied image.
8. Links to Other Websites
We may, from time to time, provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such other sites or resources and are not responsible. For example, you agree that we are not liable for the privacy practices or the content of such websites or for any products or services available from such websites.
9.1 This Website Conditions will be exclusively governed by and construed in accordance with English law. The English Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
9.2 If any part of these Website Conditions is found to be invalid by any court or other regulatory or competent body, the invalidity will not affect the rest of the Website Conditions, which shall remain in force.
9.3 Any notices or communications that you send to us should be sent for the attention of Customer Services at firstname.lastname@example.org or in writing marked for the attention of Web Customer Services at New Generation Publishing Limited, The Old Fire Station, 140 Tabernacle Street London EC2A 4SD. Any notices or communications that we send to you will be sent to the email address you registered with us.
10. Delivery Policy
New Generation Publishing estimates that all books ordered via the Website will be received within the UK within 14 days of order and within 21 days outside of the UK.
Packages and Services Purchased
New Generation Publishing will endeavour to supply proofs to the Author within 8-12 weeks of submission, where there are no issues with the files supplied. The Author accepts that this is an aim and not a guarantee as unpredictable events may affect the timeline and failure to meet this deadline does not constitute a breach of this Agreement. Should publication be delayed, New Generation Publishing will supply an explanation in writing.
Authors are responsible for submitting books and cover images correctly as per our submission instructions. If the Author enters the publishing process and finds they cannot submit their interior or cover to meet the submission instructions then the publication of their book will be cancelled with a full refund minus production costs.
11. Refund and Cancellation Policy
Book orders can be cancelled at any time up until the point of dispatch. Once dispatched, no refund is allowable unless books are damaged. If books are damaged, a replacement copy will be send within 14 days. If not received within 14 days the order will be cancelled and a full refund made by New Generation Publishing Ltd.
Packages and Services Purchased
This Author may terminate their agreement at any time and for any reason as long as a 30-day e-mail notice is given to the Publisher. Email notification of termination of agreement by the Author should be sent to email@example.com
Please note that if you cancel your agreement before production work has started on your book, you will be entitled to a full refund, minus payment processing charges, not to exceed 5% of fee paid. If your book is already in production prior to being available to print at date of your email, you will only be liable for a 25% refund on the fee paid. If the book is already in print, then no refund will be applicable.
It typically takes up to three weeks for all online book retailers to remove a book from listing on their sites; these timelines are subject to individual bookseller’s own timelines for book listing removals and though the Publisher will take the correct steps to inform booksellers that the book is no longer available for publication, the Publisher is not responsible for online retailers removal of book listings on their own sites. Any issues with removing book listings should be taken up by the Author with the bookseller to resolve if they have not removed a cancelled book.
This policy sets out the basis on which we process any personal information that we obtain about you. This includes any personal information that we collect from you when you register with us and/or use the Website at www.newgeneration-publishing.com (the 'Website').
By registering with us or by using the Website, you consent to the collection and use of your personal information by us for the purposes authorised below and for any other purpose which is reasonably necessary for the provision of services to you and the proper administration of the Website.
2. What information do we collect?
Where we use the expression 'Personal Information' we mean information that relates to a living individual who can be identified from that information, or from that information and other information that is held by or is likely to be held by us
We also monitor user traffic patterns to enables us to improve the service we provide. You must ensure that the personal information you provide is true, accurate and complete. It is also your responsibility to let us know about any changes to your personal information so that we can ensure our records are complete and up-to-date.
We do not store credit card details nor do we share customer details with any 3rd parties.
3. Changes to our policy
4. How do we use the data we collect?
We use personal information collected from you for the following purposes:
- to assist you with any enquiries that you have raised with us, including any queries and issues raised in any correspondence and via the Website;
- to carry out our obligations arising from any contracts entered into between you and us;
- to transfer your details (including account details) to relevant third parties, industry organisations and regulators as reasonably required for the operation of our business; and
- to carry out auditing, research and analysis in order to maintain, protect and enhance the use of the Website by users.
Where you have not objected to such use, we might also use your information to let you know about other services which we offer and which we believe may be of interest to you. We may also notify you, for example, of auction lots or expositions that you may be interested in, where you have not already registered your interest in that auction lot or exposition.
5. Disclosure of your information
If you have consented to us doing so, we may also share your personal information with our franchisees and affiliates for the purpose of enabling those franchisees and affiliates to contact you to let you know about other auction lots, expositions or services which they offer and which they believe may be of interest to you.
If you have consented to us sharing your information with franchisees and affiliates but you change your mind later, please email us at firstname.lastname@example.org. Alternatively, if you have registered with us via the Website, you can opt-out by clicking on the Contact Us link at the bottom of any page.
We employ other companies and individuals to carry out functions on our behalf, including sending mail, providing marketing assistance, analysing data and providing customer services. In order to carry out their functions, these companies and individuals may require access to your personal information but we shall only disclose such personal information as is needed by them to perform their functions.
Where requested to do so, we may co-operate with any court, regulatory body, police authority or other similar authority in any investigations in connection with your participation in an auction, exposition and/or use of the Website. Where required, this may include disclosing information to such authorities about communications provided to us on registration and information transmitted via the Website.
The information that we collect from you may be transferred to, accessed from and/or stored at, a destination outside the European Economic Area ('EEA'). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers.
6. How do we store and maintain personal information?
All information you provide to us via the Website is stored on secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of any information transmitted to the Website; any transmission is at your own risk.
It may be necessary for us to maintain our records for a number of years. However, if your information is no longer required, we will destroy records containing personal information securely.
7. Cookies – What are they and how do we use them?
- simplify the logging on process for registered users;
- help ensure the security and authenticity of registered users’;
- provide the mechanisms for online shopping; and
- enable traffic monitoring.
On visiting our Website you will be sent anonymous cookies to keep track of your browsing patterns and build up a demographic profile. Most browsers allow you to turn off the cookie function. If you want to know how to do this please look at the help menu on your browser.
Whilst you do not need to allow your browser to accept cookies, you must have cookies enabled in order to browse much of the Website and to access any areas reserved for registered users.
The Website contains links to other websites. Please note that we are not responsible for the privacy practices of such other websites, and we recommend you read the privacy statements immediately on entering other websites.
9. Your rights
You have the right to request us to stop using your personal information, to obtain a copy of any personal information which we hold about you and to notify us of any inaccuracies.
If you would like to obtain a written copy of your personal information please write to us. You will need to verify your identity and specify what information you require. If you prefer you may also call us on 0044 (0) 207 300 7370.
The Data Protection Compliance Officer
New Generation Publishing Ltd
The Old Fire Station
140 Tabernacle Street
Please enclose your postal details and a cheque for the statutory fee of £10.00 payable to New Generation Publishing Limited.
If you wish to know more about your rights please visit the Information Commissioner's Website at www.informationcommissioner.gov.uk.