TERMS AND CONDITIONS
These terms and conditions (“Terms”) apply to all and any use, access and availability of all sites. In these Terms: “We, us, our” means David Icke Books Limited; “DavidIcke.com” means the online education and information service, web site, content and services available at or using www.davidicke.com, all User Content and all related software programs and materials; “DavidIckebooks” means the online services, website and services available at or using www.davidickebooks.co.uk including the ordering and supply of Products, all User Content and all related software programs and materials; “DavidIckeStore” means the online services, website and services available at or using www.davidickestore.com including the ordering and supply of Products, all User Content and all related software programs and materials; “Ickonic” means the online services, website and services available at or using www.ickonic.com including the ordering and supply of Products, all User Content and all related software programs and materials; “Products” means all products and merchandise listed on all sites including books, video tapes, DVDs, music, art, clothing, events, courses and other products; “Content” means any content, materials, postings, data, messages, Produced Content and User Content sent, submitted, posted, placed on, made to or otherwise communicated to, from or using all sites. Both sites and references to all sites includes the Content which is made up and includes:
- Any and all publications, podcasts, broadcasts, videos or other content produced by or for all sites and made available for from all sites “Produced Content”;
- Any and all articles, reviews, comments, postings emails, messages and other content and communications uploaded, submitted, transmitted, posted or otherwise made available by third party users to or using all sites or any message board or similar services run or made available on or through all sites “User Content”.
REGISTRATION, ACCOUNT AND PASSWORD
In order to use and access certain features of all sites you may be required to register an account. To Register you will need to submit certain information and choose a User Name, and a Password. The User Name and Password chosen by and issued to you upon registration with us is personal to you so that you can use and access all sites and must not be disclosed to any person without our prior written consent. You agree, accept and understand that:
- you must ensure that all information held about you by us is up to date and that you can amend your registration details at any time;
- you are and shall remain responsible for maintaining the confidentiality of your User Name and Password;
- you are solely liable for any use of all sites using your User Name, and Password whatsoever.
DO NOT SHARE YOUR USER NAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR LOGIN ID, USER NAME, PASSWORD, OR ACCOUNT OR ANY USE BY ANY THIRD PARTY. IF YOU THINK YOUR LOGIN ID, PASSWORD, OR ACCOUNT HAVE BEEN COMPROMISED YOU MUST INFORM US IMMEDIATELY. You undertake that all the information supplied during registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify us against any loss or damage incurred by us and any third parties who may suffer damage as a result of the information that you have supplied.
RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
Subject to these Terms and your compliance with them, we grant you a non-exclusive, non-transferable, personal, limited licence to access and use all sites and the Content solely for your private, non-commercial, personal use only. You may not transfer, sub license or deal in this right without our prior written permission. These Terms and the rights granted by us do not give you any title or rights of ownership in all sites or any Content and should not be deemed a sale or transfer of any copyright or other right. Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in all sites belong to and vest in us, or are licensed to us. All copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in all sites design and software and all Produced Content belong to and vest in us, or are licensed to us unless otherwise specified. All our intellectual property rights are hereby asserted and reserved. All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them. We do not claim or assert any right title or interest in any third party Communications.
RESTRICTIONS AND OBLIGATIONS
You agree to comply with these Terms and all rules applicable to the use of all sites (including the Content). Notwithstanding any other provision of these Terms you agree and undertake not to:
- hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of all sites or any part of them;
- remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in all sites;
- use or deal in all sites except as permitted by these Terms;
- use your access to all sites, or information gathered from them, for the sending of unsolicited bulk email;
- make any public, business or commercial use of all sites or any part of them;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to all sites without our prior written permission;
- make all sites or any part of them available to any third party;
- display, publish, copy, print, post or otherwise use all sites and the information contained therein for the benefit of any third party or web site;
- use or process all sites or any part of them unfairly or for any illegal or immoral purpose;
- delete or obscure any copyright or other proprietary notice on all sites.
Both sites may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or third party software to modify any aspect of all sites and you expressly consent to us monitoring your computer’s random access memory for said unauthorized third party programs.
FORUM AND COMMUNICATIONS
DavidIcke.com is also involved in the transmission, hosting, caching, storage, retrieval and dealing with User Content (third party communications) without review, selection or alteration of their content – for which it is a mere conduit. The views expressed in any User Content are the views of the individual authors and not those of us unless specified otherwise by us. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. By using DavidIcke.com you acknowledge that we have no responsibility to review the content of any User Content and that all User Content is made available on the basis that we are not required to and do not exercise any control or judgement of their content. Notwithstanding the foregoing we shall be entitled to remove or reject any User Content and remove or suspend your ability to make or access, upload, submit, transmit, post or otherwise place User Content on or through DavidIcke.com for any reason. You agree and undertake that you will not upload, submit, transmit, post or otherwise place User Content nor make any communication or post to or transmit to DavidIcke.com any statement or material, nor use DavidIcke.com in any way, that:
- is unlawful or which gives rise to civil or criminal liability;
- promotes any illegal or unlawful activity;
- infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
- includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
- is abusive, pornographic, defamatory, discriminatory or obscene;
- harasses any person;
- markets or promotes any third party without written permission from the moderators;
- interferes with another user’s use and enjoyment of DavidIcke.com;
- impersonates any moderator, administrator or any staff or other persons connected with us;
- infringes upon or violates any third party’s rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person’s name, e-mail address, physical address or phone number, and/or rights of publicity;
- includes restricted / password protected content or materials;
- exploits any other person;
- solicits passwords or personal information;
- provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone’s privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- tries to gain unauthorized access to any computer, servers or any part of DavidIcke.com including its servers, network and the computers of other users;
- tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of DavidIcke.com;
- engages in or solicits commercial activities or sales without our prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising, investments and pyramid schemes;
- refers to any material that is inappropriate;
- seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
If you discover any material which you believe contravenes these Terms please inform us or with details of the page you found it on at our contact details provided in the ‘contact information’ section below. To report an infringement of your copyright or any other intellectual property rights please contact us with the following information:
- full details of the infringement;
- full details of where on all sites the infringement can be found;
- your address, telephone number and e-mail address;
- a statement by you that the information contained in this notice is, and any other information we may reasonably require from you in order to resolve this issue (whether actual or alleged), accurate and that you are either the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. We have no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site. By using DavidIcke.com and its services you accept that this is the case and accept that you therefore use DavidIcke.com at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO. You acknowledge and agree that, if necessary, we will communicate with you via the email address you have provided to us. Notices that are applicable to all our customers shall be made available on the DavidIcke.com websites or otherwise within DavidIcke.com. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on our websites or within the Service. All emails sent by us and attachments thereto are intended for the addressee only. You will be responsible for any User Content that you upload, submit, transmit, post or otherwise place on or through DavidIcke.com and you accept that full responsibility and liability for that Content rests solely with you. We shall have no liability in relation thereto. By uploading, submitting, transmitting, posting or otherwise placing any User Content on or through DavidIcke.com you expressly agree and confirm that:
- you are not a minor or else have your parent’s or guardian’s permission to do so on these Terms;
- your User Content may be used on and in connection with DavidIcke.com;
- your User Content will be put on the public domain for users to access;
- your username may be advertised and used in connection with any User Content you submit or make available;
- you own all underlying rights in your User Content and you grant to us the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and licence to use such User Content on and / or in connection with DavidIcke.com and to give all consents (if any) which we require including under copyright and other intellectual property, data protection and privacy laws world wide, for that use only;
- you agree that we may use, publish, edit, modify and adapt your User Content for any and all purposes relating to DavidIcke.com and our business and you hereby grant it an unrestricted non-exclusive licence to do so and waive all so called moral rights in your User Content;
- you own or have proper licenses, permissions and other consents in place in respect of all features and resources used in the User Content you submit or make available;
- the User Content you submit or make available and the use of it as envisaged by these Terms does not and will not infringe any third party intellectual property rights or other rights;
- you are entitled to submit it and make it available for use as envisaged by these Terms and you are not under any contractual or other obligations preventing you from doing so;
- you have received all necessary permissions and consent required for the use by us, as described in these Terms, of any User Content you submit or make available;
- that you have not granted any other person any rights that are inconsistent with the rights granted above.
FORUM AND COMMUNICATIONS GUIDELINES
These guidelines are in addition to our our “Rules and Etiquette” which you can read by clicking here. The Forum is a very popular feature of the site and although the team strongly believes in allowing the community that has formed around the site to grow and develop in its own way, there are a few simple rules, regulations and procedures you should be aware of when posting. Most posts will probably never run foul of these anyway, but we’re quite serious about them nonetheless. We are not responsible for comments posted on all sites by our readers. We will however attempt to remove or edit posts which are deemed to contain racist or homophobic remarks, personal abuse, libel, copyrighted material, excessive swearing, references to illegal activities and requests for CD keys or pirated software. Obviously conversations can get heated on the forum, but we’d ask users to hold back from personal insults. Respond to the post, don’t attack the poster. Our staff members regularly monitor the discussion threads to ensure they stay lively, interesting, vaguely relevant and fun. However, the sheer volume of traffic on our forums and comment threads means that we don’t always manage to read every post on the sites. If you discover a post which you believe contravenes the sites guidelines please notify a moderator with details of the page you found it on and we will make reasonable endeavors to remove the post within a reasonable time. Users who repeatedly post inflammatory (“troll”) topics or contravene the site posting guidelines will find their posts removed and eventually their user account removed. We reserve the right to remove posting privileges from any account at any time. In general the staff will endeavour to issue warnings before a user account is removed or suspended, however, in the instance of severe transgressions, this action may be taken without any prior warning. Moderators We will remove posts that contain racist or homophobic remarks, personal abuse, libel, copyrighted material, references to illegal activities and requests for CD keys or pirated software. Users who repeatedly post inflammatory topics or contravene the sites posting guidelines will find their posts removed and eventually their user account removed. We reserve the right to remove posting privileges from any account at any time. In general the staff will endeavour to issue warnings before a user account is removed or suspended, however, in the instance of severe transgressions, this action may be taken without any prior warning. If you spot a post on the forum that breaks our comments policy then please contact us and we will deal with it. If your thread is deleted then look back and see if you’ve broken any of these rules or look for a thread on a similar topic. If you post a “Why was my thread deleted?” thread, it will be deleted without warning. Registering multiple accounts could result in bans for some or all of the accounts in question. One person, one account. As long as you do not insult people, keep the discussion relevant and don’t breach the Terms and guidelines, you will not have to worry about being moderated.
SUPPLY OF PRODUCTS
DavidIckebooks is an online service that facilitates the supply of Products. You should understand that by ordering any of our Products, you agree to be bound by the Terms. By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy. To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. The Products will be your responsibility from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. The price of the Products and our delivery charges will be as quoted on DavidIckebooks from time to time, except in cases of obvious error. Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. DavidIckebooks contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on DavidIckebooks, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price. Payment for all Products must be by credit or debit card. We accept payment with credit and debit card payments, post and fax orders and payment by bank transfer. These options are available at the end of the checkout process. The Products will be dispatched once we have received payment. If you return a Product to us because:
- you have cancelled the Contract between us within the seven-day cooling-off period we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us; and
- for any other reason, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase. All returned Products should be returned by recorded delivery to: David Icke Books Ltd. C/O James & James Fulfilment Liliput Road Northampton NN4 7DT
We warrant to you that any Product purchased from us through DavidIckebooks will, on delivery conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
We provide and maintain all sites for personal entertainment on an “as is” basis and are liable only to provide its services with reasonable skill and care and gives no other warranty in connection with all sites or any Content. Third party web sites and online services to which all sites link to (“External Sites”) have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which all sites link to. We give no other warranty in connection with all sites other than expressly stated and to the maximum extent permitted by law, we exclude liability for:any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which we have been made aware of;the accuracy, currency or validity of information and material contained within any Produced Content and User Content on all sites;any interruptions to or delays in updating all sites;any incorrect or inaccurate information on all sites;the infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of all sites;the availability, quality, content or nature of External Sites;any transaction involving External Sites;any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading all sites, or any Communication;all representations, warranties, conditions and other Terms which but for this notice would have effect.We do not warrant that the operation of all sites will be uninterrupted or error free. We will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including Internet outages, User Content outages, fire, flood, war or act of God. Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law. These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit our liability for death or personal injury resulting from its negligence nor any fraudulent representation. You agree that in relation to your use of all sites you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute all sites. You agree that you are and shall remain responsible for maintaining the confidentiality of your Password and membership account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of all sites any Produced Content and/or User Content and any use of your membership account. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Without limiting to any other rights we may have, we may remove, restrict, cancel or suspend access to and use of all sites and Content and any part of it, if it considers (in its sole discretion) that you have breached of any of these Terms. Termination shall be without prejudice to our accrued rights.
Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights). We act as principal on our own account and not as agent for you or any other person. If we do not enforce any provision of this agreement such will not be considered a waiver of any provision or right. In the event that any part of these terms and conditions is held to be unenforceable, such part will at our option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect. These terms and conditions constitute the entire agreement between you and us and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose. Reference to the word “include” and “including” shall mean and be read as “include without limitation” and “including without limitation” in these Terms. Use of all sites and these Terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts. All sites are intended for and directed at the UK and no representation or warranty is made as to whether all sites comply with the regulatory regime and local laws of any other countries. By using all sites you undertake that you have the necessary hardware, software and capability required for its use including in relation to Content email and web usage.
David Icke Books Limited Registered company number: 03653820 England & Wales Registered company address at: Ickonic Enterprises Ltd. The College Business Centre Uttoxeter New Road Derby DE22 3WZ United Kingdom
All questions, comments or enquiries for Davidicke.com should be directed: By Post: Jaymie Icke C/O Davidicke.com Ickonic Enterprises Ltd. The College Business Centre Uttoxeter New Road Derby DE22 3WZ United Kingdom By email to Jaymie Icke at [email protected] All questions, comments or enquiries for Davidickebooks.co.uk should be directed: By Post: Ickonic Enterprises Ltd. The College Business Centre Uttoxeter New Road Derby DE22 3WZ United Kingdom By email to David Icke Books Ltd at [email protected]
POLICY ON PRIVACY, DATA, COOKIES AND MARKETING COMMUNICATIONS
Data We may ask you for certain information and you may submit personal data to all sites (such as your name, email address and contact details) when you subscribe or sign up to all sites. We may also record which parts of all sites and services you are interested in as well as user traffic patterns and site use. This information will be kept securely in accordance with an internal security policy and may be used to:
- (a) process your User Content, your subscription to all sites and to enable your use of all sites and associated services;
- (b) open and run your account and provide you with an up to date, efficient and reliable service;
- (c) generally run all sites;
- (d) send you marketing communications and newsletters when you sign up or subscribe to them.
All questions, comments or enquiries for Davidicke.com should be directed: By Post: Jaymie Icke C/O Davidicke.com Ickonic Enterprises Ltd. The College Business Centre Uttoxeter New Road Derby DE22 3WZ United Kingdom By email to Gareth Icke at [email protected] All questions, comments or enquiries for Davidickebooks.co.uk should be directed: By Post: Ickonic Enterprises Ltd. The College Business Centre Uttoxeter New Road Derby DE22 3WZ United Kingdom By email to David Icke Books Ltd at [email protected]