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author of unreal suspense fiction

Website Terms

Website Terms

Introduction

This website is operated by Edwin Brightwater, author and publisher (“Operator”).

These terms govern your use of this website. By using this website, you accept these terms in full.   If you disagree with any of these terms, you must not use this website. 

You must be at least of the legal age of majority in your jurisdiction of residence to use this website.  By using this website, you warrant and represent that you are at least this age.

This website may use cookies.  By using this website, you consent to Operator’s use of cookies in accordance with the terms of Operator’s privacy policy.

License to use website

Unless otherwise stated, Operator or its licensors own the intellectual property rights in the website (including material displayed on the website).  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print material from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms.  

You must not: (a) republish material from this website (including republication on another website); (b) sell, rent or sub-license material from the website; (c) make publicly available any material from the website; (d) reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; (e) redistribute material from this website; or (f) where Operator has expressly or impliedly prohibited you from doing so, link to this website.  

Acceptable use

You must not use this website in any way that: (a) causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; (b) is unlawful, illegal, fraudulent or harmful; or (c) is connected with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Operator’s consent.

You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Operator’s express written consent.

Restricted access

Operator reserves the right to restrict access to areas of this website, or indeed this entire website, at Operator’s discretion.

If Operator provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  

Operator may disable your user ID and password in Operator’s sole discretion without notice or explanation.

User content

In these terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Operator a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Operator the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action, whether against you, Operator or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. 

Operator reserves the right to edit or remove any material submitted to this website, or stored on Operator’s servers, or hosted or published upon this website.

Notwithstanding Operator’s rights under these terms in relation to user content, Operator is not obliged to monitor the submission of this content to, or its publication on, this website.

Operator’s liability: Disclaimers, exclusions and limitations 

This website is provided “as is.”  Operator makes no representations or warranties, express or implied, in relation to this website or the information and materials provided on this website.  Without limiting the generality of the foregoing, Operator does not warrant that: (a) this website will be constantly available, or available at all; (b) the information on this website is complete, true, accurate or non-misleading; or (c) this website is free from viruses or any other technology or activity (illicit or not) that may cause you harm.

Operator excludes liability (whether under the law of contact, the law of torts (including negligence) or otherwise) in relation to the contents of, or use of, or otherwise in connection with or arising out of, this website: (a) to the extent that the website is provided at no financial cost to you, for any direct loss exceeding $10; (b) for any indirect, special or consequential loss; or (c) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

To the extent the law may imply a warranty and Operator cannot lawfully exclude liability for its breach, that liability is limited, at the option of Operator, to one or more of the following: (a) in the case of goods – replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and (b) in the case of services – supplying the services again; or payment of the cost of having the services supplied again.

Nothing in these website terms will exclude or limit any warranty implied by law or other matter that it would be unlawful to exclude or limit. 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial, risk management, parental or other matter, you should consult an appropriate professional adviser.

These exclusions and limitations of liability apply even if Operator has been expressly advised of your potential loss. You agree that they will protect Operator’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Operator itself. By using this website, you agree that the exclusions and limitations of liability set out in these website terms are reasonable. If you do not think they are reasonable, you must not use this website.

Unenforceable provisions

If any provision of these website terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions.

Indemnity

You hereby indemnify Operator and undertake to keep Operator indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Operator to a third party in settlement of a claim or dispute on the advice of Operator’s legal advisers) incurred or suffered by Operator arising out of any breach by you of any provision of these terms, or arising out of any claim that you have breached any provision of these terms.

Breaches of these terms

Without prejudice to Operator’s other rights under these terms, if you breach these terms in any way, Operator may take such action as Operator deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, or bringing court proceedings against you.

Variation

Operator may revise these terms.  Revised terms will apply to the use of this website from the date of the publication of the revised terms on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Operator may transfer, sub-contract or otherwise deal with Operator’s rights and obligations under these terms without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights or obligations under these terms.  

Severability

If a provision of these terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect.  If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

Entire agreement

These terms constitute the entire agreement between you and Operator in relation to your use of this website. They supersede any previous agreements in respect of your use of this website.

Law and jurisdiction

These terms will be governed by and construed in accordance with the laws of Taiwan. Any disputes relating to these terms or the Operator website will be subject to the non-exclusive jurisdiction of the courts of Taipei, Taiwan.

Contacting Operator

You can contact Operator by email to: corporate79(at)edwinbrightwater(dot)com. In the preceding email address, (at) should be replaced by the @ symbol, and (dot) should be replaced by a full-stop or period.

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