Please carefully read the following Conditions in relation to use of this site – www.publishmypoemonline.com ("Site").  By using the Site, you agree to be legally bound by the Conditions and your continued use of this Site indicates your acceptance of the latest version of these Conditions (which may be amended from time to time).
The Supplier retains the right to change the Conditions at any time.  Your continued use of the Site after the posting of the amended Conditions constitutes your acknowledgement of the amended conditions and their modification and constitutes your agreement to be bound by the amended conditions.

• The Supplier makes no warranties, representations or undertakings about:-

• The Supplier does not endorse or approve the content of any 3rd party site, nor will the Supplier have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any 3rd party site infringes any law or the rights of any person or entity).

• Any copyright owned by an author of a work submitted to the Supplier for publication shall continue to be owned by that author. Reproduction of part or all of a work, the contents or the design of these pages in any form is prohibited, as they are subject to copyright owned by the Supplier or the author of the work as appropriate. None of the contents of this Site may be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or otherwise), save that a person may print out one copy of each poem or story for his/her private and non-commercial purposes. For the avoidance of doubt; deep-linking to, or framing of this Site or any part of it is not permitted without express permission.

• The Supplier makes no representation regarding the authorship of any third party work on this Site or as to the ownership of the copyright in the same.

• You may not adapt, alter, modify, rent, lease, sell, distribute or create derivative works of any content on the Site at any time.

• We may terminate your use of the Site with immediate effect if you breach any of these requirements. We also reserve the right to suspend use of the Site at any time for operational, regulatory, legal or other reasons.

• The Supplier accepts no responsibility to any third party for any material published on the Site.

In these conditions, unless the context requires otherwise:

1.1 ‘Conditions’ means the terms and conditions set out in this online document;

1.2 ‘Customer’ means any person who submits their details and Work using the "Please Publish Me" form on the Site;

1.3 ‘Intellectual Property Rights’ shall include copyright, applications or rights to apply for copyright, rights in confidential information, rights to privacy or a right to a private life and other similar rights existing in the UK and in any other part of the world;

1.4 ‘Price’ means the price for the Service (excluding VAT and any other duties which may be payable by the Customer);

1.5 ‘Service’ means the publishing of a Work on the Site by the Supplier;

1.6 ‘Supplier’ means "PUBLISHMYPOEMONLINE.COM LTD"; and

1.7 ‘Work’ means a piece of work sent from the Customer to the Supplier using the "Please Publish Me" form on the Site.

2.1 These Conditions shall apply to all contracts for the supply of a Service by the Supplier to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.

2.2 All orders made by a Customer submitting their Work using the "Please Publish Me" form on the Site, shall be deemed to be an offer by the Customer for the Supplier to perform the Service, pursuant to these Conditions. For the avoidance of doubt, an acknowledgement of any such order or an acknowledgement of payment shall not constitute a contractual acceptance of such an offer. All offers are subject to formal acceptance by the Supplier at its absolute discretion.

2.3 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed to in writing by the Supplier.

2.4 These Conditions shall constitute the entire agreement between the parties hereto and shall supersede the provisions of any previous contract, whether in writing or orally and supersedes all previous agreements and understandings between the parties.

2.5 Acceptance of these Conditions by the Customer, grants the Supplier permission to perform the Service immediately (though the Supplier retains its rights pursuant to Clauses 2.2 and 3.3) and the Customer has no right to cancel a contract between the parties which is subject to these Conditions once the performance of the Service has begun.

3.1 The Price for a Service shall be calculated using the formulas contained on the Site. The Price is exclusive of VAT and any other duties and the Supplier may charge the Customer in relation to the same, if required to do so by law or if the Supplier would otherwise have to pay the same should the Customer fail to do so, in addition to the Price (such additional monies shall be payable within 14 days of a request by the Supplier and paid using the method requested by the Supplier).

3.2 The Price shall only be payable via debit or credit card using the payment mechanisms on the Site. Unless and until the Supplier has received confirmation that the Price has been credited to its account on behalf of the Customer, the Supplier shall not be required to perform the Service.

3.3 Subject to Clause 3.2 and Clause 5 of these Conditions, the Supplier shall perform the Service within the timeframe stated on the Site.

4.1 The Customer agrees that, as a condition of the contract between the parties which is subject to these Conditions:

4.1.1 they are over 18 years old and the sole author of the Work and are the exclusive owner of all of the Intellectual Property Rights and have the right and authority to grant the Supplier permission to publish the Work on the Site;

4.1.2 they have not granted and will not grant or purport to grant any rights or assignments over or relating to any of the Intellectual Property Rights;

4.1.3 the Intellectual Property Rights are not subject to any claims or litigation and are free of all liens and encumbrances;

4.1.4 the Work contains nothing that is unlawful, pornographic, immoral, libellous, dishonest and does not exploit the Intellectual Property Rights or any other rights whatsoever of any third party;

4.1.5 they hereby waive any moral rights that may have arisen under Chapter IV of the Copyright, Designs and Patents Act 1988 and all similar rights in any other part of the world in connection with any copyright work comprised within the Intellectual Property Rights relating to a Work, to the fullest extent permitted by law.

4.2 By submitting materials to the Site for publication, the Customer licences the Supplier to place those materials on the Site and grants the Supplier the right to permit users of the Site to print one copy of a Work for the user’s private and non-commercial purposes.  The Customer hereby acknowledges that the Site advises visitors of the need to respect the copyright of the authors, but the Customer accepts the Supplier has no control over the acts of these visitors and accepts no responsibility or liability whatsoever should any visitor breach a Customer’s rights.

5.1 If the Supplier is affected by any circumstances beyond its reasonable control (including, without limitation, national emergency, war, prohibitive governmental regulation, strike, lock-out or other industrial action), it shall notify the Customer of the nature and extent of the circumstances on the Site (but only if the Site is still operational at that time). Time shall not be of the essence in the performance of the Service.

5.2 The Supplier shall be deemed not to be in breach of any contract between the parties which is subject to these Conditions, or otherwise be liable to the Customer, for any delay in performance or the non-performance of any of its obligations under a contract between the parties which is subject to these Conditions, to the extent that the delay or non-performance is due to any of the circumstances described in clause 5.1 above, and the time for performance of that obligation shall be extended accordingly.

6.1 The Customer shall, as a condition of the contract between the parties which is subject to these Conditions, during the term of any contract subject to these Conditions, maintain insurance cover in respect of its liabilities arising out of or connected with such contract (including, without limitation, any matter which they are indemnifying the Supplier in relation to) with an insurance company of repute. The Customer shall on request supply copies of the relevant certificates of insurance to the Supplier as evidence that such policies remain in force. The Customer undertakes to use best efforts to pursue claims under such insurance policies and hold the proceeds on trust for the Supplier.

6.2 The Customer shall indemnify and keep indemnified the Supplier in respect of all losses, actions, damages, liabilities, costs, claims, demands, expenses, fines and other penalties, whether criminal or civil, suffered and legal fees, costs and expenses incurred by the Supplier as a result of any such losses, etcetera and whether arising indirectly or directly and which in any way relate to, or arise from the Customer’s failure to perform its obligations pursuant to, any contract subject to these Conditions.

Any personal data supplied by the Customer may be published on the Site and the Customer hereby consents to the same. The Customer agrees that the Supplier may remove any personal data of any third party within any Work and/or may amend a Work in any way if the Supplier considers this is necessary due to data protection laws, the protection of a person’s rights in confidential information, rights to privacy or a right to a private life or for any other reason which the Supplier reasonably deems necessary or desirous (this will not provide the Customer with a right to receive a refund, in whole or part, of the Price).

8.1 A contract between the parties which is subject to these Conditions shall continue in force for the length of term requested by the Client (provided this term is agreed to by the Supplier), unless terminated by or pursuant to law, or pursuant to the terms of these Conditions.

8.2 The Supplier may terminate a contract between the parties which is subject to these Conditions by notice to the Customer if, in the opinion of the Supplier, the Customer has committed any breach of any condition, or a continuing or material breach of any of the other provisions of these Conditions.

8.3 A waiver by the Supplier of a breach of a contract between the parties which is subject to these Conditions shall not be considered as a waiver of a subsequent breach of the same or any other provision.

8.4 The rights to terminate a contract between the parties which is subject to these Conditions given by this clause shall not prejudice any other right or remedy of the Supplier in respect of the breach concerned (if any) or any other breach.

8.5 On the termination of a contract between the parties which is subject to these Conditions for any reason, the Supplier shall have no further obligation to the Customer and no refund of any monies shall become payable.

The Supplier may assign any contract which is subject to these Conditions and its rights pursuant to any such contract at any time. Subject to the rights of an assignee, a person who is not a party to any contract which is subject to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of any contract which is subject to these Conditions.

If any provision of these Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from any contract between the parties which is subject to these Conditions and rendered ineffective as far as possible without modifying the remaining provisions of that contract and shall not in any way affect any other circumstances of or the validity or enforcement of that contract. Notwithstanding the first sentence of this Clause 10, if such provision would be adjudged reasonable if part or parts of the wording in them were deleted or amended or qualified or the periods thereof were reduced or area dealt with were thereby reduced in scope, then the relevant restriction or restrictions shall apply on the basis of such modification or modifications as may either be necessary or as may reasonably be required by the Supplier to make it or them valid and effective.

Any contract between the parties which is subject to these Conditions is subject to the law of England and Wales and the English courts shall have exclusive jurisdiction to consider disputes regarding the same (subject to the Supplier being able to pursue a Customer who resides or who is domiciled in a different state, in the courts of that state).

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