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TERMS OF SERVICE

INTRODUCTION

  1. "Review Train" (also referred to as “offering”) is the name of the main Service offered by "Malcolm Yard" on this website, FREE of charge.
  2. Your use of "Review Train" or any other services and products offered by "Malcolm Yard" is subject to the Terms and Conditions mentioned in this document, without prejudice to any additional terms which may be part of the agreement specific to the service that you wish to avail. Your agreement with "Malcolm Yard" will always include, at a minimum, the Terms and Conditions set out in this document.
  3. The terms "Malcolm Yard", "we", "us", "our" or any grammatical variation of the preceding terms shall refer to "Malcolm Yard" identity, whereas the terms “you”, “your” or any grammatical variation shall refer to our clients or the user of any of our interfaces including but not restricted to our websites, mobile applications, or e-mails.
  4. Acceptance of Terms of Services

    1. You are expected to be aware of our terms of services prior to making use of our services. Your use of our websites or any other means of communication to interact with us shall be construed as your acceptance of our Terms of Service even if no transaction has taken place.
    2. In order to make use of our services you must agree to the terms laid down in this document. You may not make use of "Review Train" or any of our other services if you do not agree to our terms of service.

    Provision of the Offering by "Malcolm Yard"

    1. There is currently no plan to introduce any charges for our Service(s). You acknowledge that the nature or the form of "Review Train" Service offered by us may change with time, as we can't predict the change of external circumstances in future.
    2. You acknowledge and agree that "Malcolm Yard" may stop (permanently or temporarily) providing the offering (or any features within the offering) with or without notice, generally at "Malcolm Yard"'s sole discretion.
    3. You acknowledge and agree that while "Malcolm Yard" may not currently limit your use of the offering in any way, it may do so if your use hinders with the ability of "Malcolm Yard" to carry on its operations or the ability of other customers to use the offering.
    4. "Malcolm Yard" shall not be responsible for any loss or damage caused by modification of the features, limitation of use of our offering or the discontinuation altogether thereof.

    Use of "Malcolm Yard"’s Offering

    1. By using "Review Train" Service you agree and understand that it is not an incentivised review swap or sales website of any kind, and that it's sole purpose is to create an efficient Free platform for Independent Authors to promote their work, request reviews, volunteering to review books of other Authors, and not expecting anything in return.
    2. In order to access certain offering or for your continued use of the offering, you may be required to provide some information about yourself. What information you decide to reveal about yourself beyond providing a valid Email address is entirely up to you. "Malcolm Yard" shall not be liable for any loss or damage caused due to faulty information provided to us by you.
    3. We will not share any personal information of our Users with third parties, unless required to do so by law. For more information regarding the manner in which User's personal information handled by "Malcolm Yard" kindly refer to our Privacy Policy.
    4. You agree not to access (or attempt to access) any of the offering by any means other than through the interfaces provided by "Malcolm Yard", unless you have been specifically allowed to do so in a separate agreement with "Malcolm Yard". You specifically agree not to access (or attempt to access) any of the offering through any automated means (including through the use of scripts or web crawlers).
    5. Unless you have been specifically permitted to do so in a separate agreement with "Malcolm Yard", you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.
    6. You agree that you are solely responsible for any breach of obligations on your part of the Terms mentioned in this document or in any contract between you and "Malcolm Yard" and for the consequences (including any loss or damage which "Malcolm Yard" may suffer) of any such breach.
    7. We try to ensure that any confidential information provided by you is protected. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into "Malcolm Yard"'s database, "Malcolm Yard" shall not be made liable for the resulting damages.
    8. The third party web sites may use technology to send (or "serve") the content of our web site and to process payments for the purchase of services on our web site etc. Third parties may host the servers that deliver our hosted services to our customers. Hyperlinks to the websites of third parties might be placed on our websites. The use of the services offered by such third parties shall not be subject to this document or our Privacy Policy. "Malcolm Yard" provides a platform to help our users in making use of services provided by other parties. "Malcolm Yard" shall not be responsible for the services provided by any third party.

    Security of your account

    1. "Malcolm Yard" shall provide its service(s) primarily through its website(s). You might need to make use of a web-based account to make use of our services. You agree and understand that you are responsible to "Malcolm Yard" and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering. You will be solely responsible for all activities that occur under your account.
    2. "Malcolm Yard" will take due care to ensure the confidentiality of your credentials, such as storing your password in an encrypted form in our database. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into "Malcolm Yard" database, "Malcolm Yard" shall not be made liable for the resulting damages.
    3. If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned personnel at "Malcolm Yard" immediately, using contact details provided in the footer of our website.

    Content in the offering

    1. You should be aware that content presented to you as part of the offering, including but not limited to electronic book cover images, excerpts from eBook descriptions, advertisements and promotional material of "Malcolm Yard" or other companies, is protected by intellectual property rights which are owned by the respective Authors of those public posts, "Malcolm Yard", or the sponsors and advertisers who provide that content to "Malcolm Yard" (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically permitted to do so by the owners of that content, in a separate agreement.
    2. Any content being disseminated using "Malcolm Yard"'s product, service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.
    3. You agree that you are solely responsible for (and that "Malcolm Yard" has no responsibility to you or to any third party for) any content that you create, transmit or display while using our offering or for the consequences of your actions (including any loss or damage which "Malcolm Yard" may suffer) by doing so.
    4. You understand that by using the offering you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the offering at your own risk. "Malcolm Yard" shall not be made responsible for any repugnant content circulated on its offering by other users. On noticing any such content, it is your duty to bring it to the attention of "Malcolm Yard".

    Intellectual Property Rights

    1. You acknowledge and agree that "Malcolm Yard" owns all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the offering may contain information which is designated confidential by "Malcolm Yard" and that you shall not disclose such information without "Malcolm Yard"'s prior written consent.
    2. You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Services obtained from "Malcolm Yard" through unauthorized use of such trademarks, service mark etc shall be considered as forgery.
    3. "Malcolm Yard" acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms in or to any content that you submit, post, transmit or display on, or through, the offering, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with "Malcolm Yard", you agree that you are responsible for protecting and enforcing those rights and that "Malcolm Yard" has no obligation to do so on your behalf.
    4. "Malcolm Yard" gives you a Personal Non-Exclusive license to use the interface provided to you by us as part of the offering. This license is for the sole purpose of enabling you to use and enjoy the benefit of the offering as provided by "Malcolm Yard", in the manner permitted by these terms.
    5. The source code of the interface provided by us is protected under various International laws. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the interface or any part thereof.
    6. Unless "Malcolm Yard" has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.

    Termination of your relationship with "Malcolm Yard"

    1. The Terms will continue to apply until terminated by either you or "Malcolm Yard" as set out below.
    2. "Malcolm Yard" may at any time, terminate its legal agreement with you if:
      1. you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
      2. "Malcolm Yard" is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful).
    3. When these terms come to an end, all of the legal rights, obligations and liabilities that you and "Malcolm Yard" are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.

EXCLUSION OF WARRANTIES

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON AN „AS IS‟ AND „AS AVAILABLE‟ BASIS.
  2. IN PARTICULAR, "Malcolm Yard" DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND "Malcolm Yard" WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM "Malcolm Yard" OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  5. "Malcolm Yard" FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TRADE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liabilities

  1. SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT "Malcolm Yard" SHALL NOT BE LIABLE TO YOU FOR:

    (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR OFFERING, OR OTHER INTANGIBLE LOSS;

    (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

    1. ANY CHANGES WHICH "Malcolm Yard" MAY MAKE TO THE OFFERING, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE OFFERING (OR ANY FEATURES WITHIN THE OFFERING);
    2. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE OFFERING;
    3. YOUR FAILURE TO PROVIDE "Malcolm Yard" WITH ACCURATE ACCOUNT INFORMATION;
    4. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

Changes to the Terms

  1. "Malcolm Yard" may make changes to the terms from time to time. "Malcolm Yard" shall try to inform you of such changes as early as possible. Your continued use of the offering will indicate your acceptance of the modified terms.
  2. You understand and agree that if you use the offering after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, "Malcolm Yard" will treat your use as acceptance of the amended terms.
 
 

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