Terms & Conditions
If you wish to use this website, you must agree to the terms below as the exclusive basis which governs such use. If you do not agree to any of the terms, do not use this website.
“Prices” means the VAT exclusive prices that we charge you for providing you with services and access to this website.
“Member” means a person who has registered to Use the Website.
“Messages” means any communication You have with us or other members via the Website
“Profile” means the images You upload and the text You enter to describe Yourself.
“Service” means the service provided by Us to You which includes, but is not limited to, enabling You to browse the Website, subscribe to our newsletter and display Your profile.
“Use” means accessing the Website or using the facilities provided by the Website.
“User Terms” means the terms set out herein which govern Your Use of the Website and the acceptance of which by You creates an agreement with Us.
“We/Us/Our” means Ghostly Publishing and any associated persons or companies involved in the design, build, hosting or maintenance of http://www.GhostlyPublishing.co.uk or variants thereof including sub-domains and aliases. We can be contacted by post at:
34 Bakers Close
Or alternatively via E-mail by clicking here.
“Website” means the Website www.GhostlyPublishing.co.uk or any other website providing the same service under the auspices of Ghostly Publishing.
“You/Your” means the person entering into the agreement with Us.
ACCESS AND USE OF THE WEBSITE IS PROVIDED BY Ghostly Publishing SUBJECT TO THE FOLLOWING USER TERMS:
2. Use of the Website
2.1 By Using the Website You agree to be legally bound by these User Terms, which shall take immediate effect from the moment You first Use the Website and on every subsequent occasion that You Use it. If You do not agree to be legally bound by all of the following User Terms You should cease Using the Website immediately.
2.2 We reserve the right to change these User Terms at any time by posting changes on the Website. It is Your responsibility to review these User Terms regularly to ensure You are aware of any changes made. Your Use of the Website after changes have been posted means that You agree to be legally bound by the new or amended User Terms.
2.3 By agreeing to these User Terms You acknowledge that You fully understand the terms and conditions that apply to Your Use of the Website. You also warrant that You have the right to enter into and be bound by these User Terms.
2.4 You take full responsibility for any Use You may make of the Website.
2.5 You must only register using Your own personal data. Under no circumstances should You impersonate someone else.
2.6 We reserve the right to introduce a membership fee and make this a site for paying members without prior notice.
2.7 We reserve the right to change these terms and conditions (and to charge for services currently supplied free of charge) by posting changes on our website. Please ensure that you visit our site to update yourself of any changes (which you deem to accept should your use of our website continue.
3. Restrictions on Use:
3.1 You warrant that You are at least eighteen years old. If You are younger You must not Use this Website due to contractual laws.
3.2 You undertake not to Use this Website to solicit any communication with a person whom You know or believe to be under the age of eighteen years old.
3.3 Unless authorised by Us in writing, You undertake that You will not Use this Website to promote/advertise any other website, service or business in any way nor solicit the provision of any funds, service or business including the purchasing and selling of products.
3.4 Your messages and profiles must be factually accurate and not include impersonation of any kind. They must not contain anything that is defamatory or that infringes any law. Neither should they contain any statement that expresses or implies that the views therein are endorsed by Us.
3.5 Your photos, messages and profiles must not contain anything that may be deemed to be objectionable or submitted in a manner intended to be disruptive. 'Objectionable' includes material that under the laws of any jurisdiction is (but is not limited to) any unlawful, vulgar, defamatory, malicious, profane, harassing, abusive, threatening, obscene, misleading, invasive of privacy, racially offensive, sexually explicit, mischievous or offensive content. ‘Disruptive' includes (but is not limited to) the submission of multiple messages or communications of the same or very similar content (spamming) or those submitted with the intention of causing any person embarrassment, harassment, alarm or distress.
3.6 You must not Use the Website to disclose private or personal matters concerning any person, their sexual orientatation, personal circumstance or relations to others, infringe any copyright, trademark or other intellectual property rights, constitute or encourage a criminal offence, purport to be someone other than Yourself, purport to be validated or authorised by someone to do something when it has not been.
3.7 You must not contaminate the Website or other members by uploading a virus, worm, trojan horse or other harmful content or code.
3.8 Messages and profiles must not contain languages other than English and must not contain text or images that are restricted or password protected. Failure to adhere to this stipulation will constitute a breach of Our terms and conditions. Other language users are permitted to use the international language of their choice on the corresponding international version of this site.
3.9 You undertake not to misuse the Service provided in any way.
3.10 You acknowledge that many views and opinions expressed on the Website are the members' own views and not Ours.
3.11 By submitting any image or images to the Website You understand that You are warranting to Us that You are entitled to have the image displayed on the Website and giving permission for that image to be displayed on the Website for the purpose of display by Us. You also understand that Your image may appear altered where deemed appropriate by us and that You may seek no redress including (but not limited to) damages or defamation of character.
3.12 You must not under any circumstances submit an image that contains children or anyone under the age of 18. Images that contain children whose identities have been obscured are also not allowed.They may be deleted without notice.
4. Disclaimers Liability and Indemnity:
4.1 The site is provided on an “as is” and on an “as available” basis without representations or warranty being made, whether expressed or implied by law, to the extent permitted by law, including the implied warranties of fitness for a particular purpose, satisfactory quality, non-infringement, compatibility, security and accuracy.
4.2 We do not warrant that the Service will be free from interruption, secure or free from errors. From time to time it may be necessary to suspend the Service for operational reasons, including but not limited to, planned maintenance, repairs or upgrades. We undertake to operate the Website with reasonable care and correct defects with all due diligence, although We do not warrant that defects will be corrected. Similarly, We cannot warrant that the server providing the Service is free of computer viruses/bugs.
4.3 You must ensure that You have suitable scanning software, firewalls and other safeguards in place to protect You from any virus or other contaminant which may affect You directly or indirectly through Your Use of the Website.
4.4 Your Use of the Service is entirely at Your own risk. To the extent that the law allows, You release Us from all liability arising out of or in connection with the Service and content included on the Website.
4.5 When searching for other members by geographical location We cannot guarantee that those members actually live in that location. Similarly all other information displayed on the Website for a particular member has been provided by the member in question. We accept no responsibility for the accuracy of this information and You must make Your own judgment as to its' authenticity before initiating any kind of contact with that member.
4.6 You hereby agree fully to indemnify us, keep Us indemnified and hold us, associated persons and affiliated companies harmless from and against any and all liabilities, costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by Us and/or affiliated entities directly or indirectly and in any jurisdiction as a result of any Use by You of the Website or which occurs as a result of Use of a computer through which You access this Website.
4.7 Where a claim is made against Us as a result of Your conduct or breach of the User Terms or a complaint/charge is made by another party against You, You agree to pay, hold harmless and defend Us in the claim or action. You undertake to assist Us to defend any such claim by cooperating fully with Us and allow us, although not obligated, to assume the exclusive defense and control of the matter where We see fit.
4.8 You agree that under no circumstances shall We or any related person or entity be liable for any direct, indirect, consequential incidental or any other type of loss or injury resulting from Your Use, or downloading of any content from the Website or for any Use made by any third party of information posted by You on the Website.
4.9 You agree that We are not liable for any loss or injury sustained by You through Use of any of the Website(s) whether caused in whole or in part by Our negligence.
4.10 To the maximum extent permitted by law We will not be liable under any circumstances for any loss, injury or damage caused in whole or part by, failures, delays, interruptions or otherwise to the Service whether such losses, injuries or damage were/was foreseen, foreseeable, known or otherwise.
4.11 Where You have a claim or right of action against another user arising out of their Use of the Website, You undertake to proceed independently of and without demands from Us and release Us from all claims, liabilities and damages connected to that action.
4.12 Members' ages are calculated by taking their year of birth (submitted at time of registration) and adding on the number of years that have elapsed since they registered. Because We may not ask for members to give Us their full date of birth it is possible that occasionally someone who is 26 years of age may appear in the 18-25 age range. For this reason, and also because We cannot verify a member's actual year of birth, You should be aware that the age ranges are approximate and not definite. We accept no responsibility for any inaccuracies relating to members ages.
4.13 We do not have responsibility for or endorse other websites that are linked from our Website. We accept no responsibility for their availability, suitability, reliability or content.
4.14 We accept no liability for any physical, emotional or mental injury that may arise as a result of any action including but not limited to receiving a unwanted or unfavourable feedback or communication, whether from us or from a fellow member.
4.15 We accept no liability for any offence that may be taken by visitors to Our website. We accept no responsibility for any offence taken on personal, religious, spiritual or cultural grounds.
4.16 We are not responsible for the conduct of users either online or offline.
4.18 We reserve the right to "terminate" any member's account "without notice & instantly" in such instances we deem that you have violated any or all of the terms or conditions herein stated.
5. Misuse of the Service and Termination
5.1 If in Our opinion We consider that You have breached any of the User Terms in this agreement We reserve the right to take such action as is necessary to protect the interests of other users and the reputation of the Website.
5.2 We reserve the right (while not obliged) to edit / delete, or require You to edit / delete content submitted in images, messages and profiles that is in breach of these User Terms or has the effect of causing any person embarrassment, harassment, alarm or distress.
5.3 We reserve the right (while not obliged) to restrict or modify Your access to certain services accessible on the Website or even suspend or terminate Your Use of the Website in serious cases, without notice, where we, in Our sole discretion, believe that You have breached any of these User Terms or that Your Use in any way constitutes a violation of Our policies, whether stated, implied or not. We are also entitled to use such technological means as We see fit to achieve this.
5.4 If one of Your images, messages or Your profile is the subject of complaint You will be notified in writing and the image / message / profile withdrawn pending a review of the circumstances. You will be informed in writing by E-mail of any complaint received unless the complainant specifically requests otherwise.
5.5 If Your Use of this Website is suspended or terminated We will inform You in writing by E-mail to the address You have nominated. You must not attempt to Use the Website thereafter without Our prior consent. Under no circumstances should You attempt to re-register under any other name or Use the Service provided to any other person.
5.6 On termination of Your account in the circumstances shown above, We reserve the right, although are not obligated, to delete all messages, images and profiles submitted by You.
5.7 You are responsible for all messages, profiles and images sent to Us while Your registration account is logged on to the service. We reserve the right to have You change Your password in cases where there is any suggestion that a password has been compromised or is obscene or contravenes 5.3 above.
5.8 You may terminate Your registration at any time by sending Us written confirmation by post or E-mail. If by email you must provide the actual email address you used to activate your account with and supply your "username". On termination We reserve the right, but are not obligated, to delete all images, messages and profiles submitted by You. We need your current valid membership email address in order to locate your account details. We can not pursue / respond to emails sent to us by members who have not supplied us with up to date and relevant membership details / contact information in the body of their email.
5.9 We reserve the right to make changes or discontinue the Service or parts thereof without notice.
6. Intellectual Property:
6.1 You acknowledge that the content of the Website is subject to copyright, trade marks, design rights and intellectual property rights. These rights are owned by Us and extend to messages and profiles. Nothing in these User Terms shall have the effect of conferring by implication or otherwise any licence or right to use any of Our copyrighted material, trade marks, design rights or other intellectual property rights. The creation of derivative works from the Website is similarly restricted.
7.1 These User Terms shall be governed by and interpreted in accordance with the laws of England and Wales . You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these User Terms.
7.2 If any of these User Terms are determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these User Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these User Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
7.3 You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which You are accessing the Website. This Website is operated from England. We make no warranty or representation that the information contained within the Website is appropriate for, or available for use, outside England and Wales.
7.4 Failure on Our part to enforce these User Terms does not constitute a waiver of such a right.
7.5 Detailed safety guidelines are available on the Website. We reserve the right, but have no obligation, to monitor disputes between You and any other person where the reputation of the Website is threatened.
7.6 A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any clause of these User Terms.
8. Prices and Payment
8.1 We operate a subscription billing system, either monthly, half yearly or annually, and you will be automatically rebilled at the end of each billing period you selected when first purchasing access to this website, and will continue to be automatically rebilled until you cancel your membership subscription via Pay Pal, BACS Payment or any other payment method as previously agreed. Click here to access www.paypal.co.uk
8.2 Unless otherwise stated in this agreement, all monies paid by You to Us are no refundable.
9. Your Obligations to us
9.1 You may not copy, reproduce, download, re publish, broadcast or otherwise make available any Content nor use Our Website other than for the display and dissemination of information - as it was designed.
9.2 You must keep your username and password safe and confidential at all times.
9.3 You will not do anything which might affect ownership of any intellectual property rights of ours or any third party in Our Website or the Content save as authorized by these terms.
9.4 You will not post or submit any information to the Site which is not lawful, truthful, decent or accurate.
9.5 Except in relation to Personal Data , where you make any submission to Our Website it will be considered to have been submitted free of any obligation of confidence or otherwise.
9.6 By making each such submission you hereby warrant with full title guarantee in each case that;
(a) You are author of such submission and have the right to make such submission available without infringing the rights of any third party;
(b) That the submission is not defamatory;
(c) That the submission is lawful;
(d) That the submission is not derogatory and will not threaten the safety of any person;
(e) That you will indemnify us (including without limitation all legal fees and VAT) incurred by us as a result of any breach of the above warranties (a) to (d) inclusive;
(f) That you waive all moral rights you may have in each such submission.
9.7 By posting Content to any publicly accessible areas of Our Website you grant to us and our nominees a worldwide perpetual royalty free irrevocable sub licensable right to use reproduce modify adapt translate create derivative works from and distribute such submissions (in whole or in part) and otherwise to exercise all copyrights and other intellectual property rights embodied in or pertaining to any of the foregoing and the complete right to exploit or otherwise use such submissions and all so-called auxiliary and subsidiary rights in any form of medium, expression or technology now known or hereafter known, created, devised or developed, free and clear of any and all rights and claims by you or any third party.
9.8 Without being under any obligation to do so, we reserve the right to review and delete any submissions made by you to Our Website which infringe these terms.
9.9 You will not;
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others (including the laws of confidence).
(b) Publish, post, upload, distribute or disseminate any inappropriate, profane, infringing, obscene, indecent or unlawful topic, name, content, material or information.
(c) Upload files that contain software or other material protected by intellectual property laws (or by the laws of confidence) unless you own or control the rights thereto or have received all necessary consents.
(d) Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
(e) Advertise or offer to sell any goods or services for any commercial purpose unless otherwise agreed in writing with us.
(f) Conduct or forward surveys, contests, pyramid schemes, chain letters or any undertaking which has questionable or literal fraudulent content or action involved in anyway with it.
(g) Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
(h) Restrict or inhibit any other user from using and enjoying the site.
(i) Submit disruptive unlawful abusive or objectionable postings to Our Website or other users of Our Website.
(j) Submit spam to Our Website or other users of Our Website or take any steps in relation to Our Website or the Content intended to facilitate spamming.
(k) Include any names addresses phone numbers emails or url's in your profile. (without our permission in writing)
(l) Not to submit third party Url's to other users of Our Website with the intent of creating a new forum or chat room in breach of our database rights.
(m) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(n) Modify the Contents or frame or deep link or link Our Website to any other website or data scrape or otherwise collect or use email addresses or member details.
(o) Submit any posting or upload any content that infringes the intellectual property rights of any third party.
(p) Attempt to use Our Website or the Services if your use has been suspended.
(q) Use Our Website for any unlawful purpose.
(r) Post any off – topic comments in any chat room or forum accessible via Our Website.
(s) Impersonate any person via Our Website.
(t) Post any images of children on Our Website.
(u) Otherwise infringe the rights of any third party or their ability to use Our Website.
9.9 We operate a complaints policy. Please report any suspected breaches of these terms to our customer service teamand we will investigate the alleged breach.
1. We reserve the right, but are not obligated, to monitor images, messages and profiles and to ensure that they comply with the User Terms set out in this agreement. However, We cannot and do not monitor all images, messages and profiles and therefore offer no guarantee as to the content. We assume no responsibility for verifying either the identity of the registrant or the accuracy of the content of images, messages and profiles.
2. Ghostly Publishing is committed to compliance with the Data Protection Act 1998 applicable in the United Kingdom . By providing Us with Your personal data You consent to Us transferring the said data to countries and jurisdictions where the provision of data protection may not be the same as in the United Kingdom.
3. Your personal data will be used by Us to provide You with Our services.
4. You are entitled to request a copy of any personal data that We hold about You and amend any inaccuracies. This can be done by sending a written request and a cheque for £10 made payable to:
34 Bakers Close
5. We will only Use Your Name and E-Mail address to enable Us to provide a first rate service to You. E-Mails will only be sent to You when requested / necessary, for example (but not limited to); to confirm that You control the E-Mail address nominated at the time of registration; to alert You to the existence of a reply to a message You have created; to give You notice that a message You have created has been the subject of an objection; to warn You of an infringement of the User Terms and to supply You with Our occasional newsletter.
6. We endeavour to take all reasonable steps to protect Your data, however, We cannot guarantee the security of any information You disclose on-line. You accept that there are inherent security risks involved with using the Internet and will not hold Us responsible for any breach of security unless this is due to Our negligence or wilful default.
7. The Website contains links to other websites. We are not responsible for the privacy policies, or the content, of those websites.
8. You undertake to make the Website secure by keeping Your password secret; ensuring You log out and close Your browser when You have finished Using the Website; ensuring that no one else uses the Service provided by Us to You and protecting unauthorised access to other users' data.
9. A cookie is a small data file created by a Web server that is stored on Your computer either temporarily for that session only or permanently on the hard disk (persistent cookie). Cookies provide a way for the Website to identify users and keep track of their preferences.
10. Cookies are commonly used to "maintain the state" of the session as a user browses around on the Website. For example, if You filled out a form and decided to leave that for a moment to view another page, when You come back to that form, the data would still be there. Without cookies, the Website would not know who You were
11. We use session variables to record Your session information when You log into the Website only. No personal data is stored in the cookie at all. This is done server-side and is secure. It is therefore safe to log into the Website from any computer in the world, safe with the knowledge that Your personal information will not reside on the computer that You used. The cookie maybe safely deleted at anytime if You wish to do so. It will, however, be re-created when You log into the Website.
12. We may record cookies to ensure that your computer recognises our site and logs you in automatically. This is not a default service and, should you wish this not to occur, no other action is required.
13.Only if you agree with the storage of this data on your machine should you select the option to "remember me" when logging in.
15. We reserve the right to transfer personal data We hold to any third party who should acquire the substantial share of the assets of Our company, in order that they continue to provide the Service.
16. We reserve the right to disclose personal data on legal grounds, to third parties where legally compliant requests for disclosure are made or the reputation of the Website is threatened.
34 Bakers Close
Or alternatively via E-mail by clicking here.
1) All submissions made by You to Our website remain your property and copyright resides with you unless stated otherwise.
2) Any works of literary art including but not limited to poems, stories, autobiographies, biographies, pen pictures or plays may be used by Us to evaluate their suitability to be published. This process may involve passing your work on to trusted third parties with the express aim of evaluation. All breaches of copyright outside of this remit shall be dealt with by the appropriate action as stipulated by law.
3) Submissions to competitions including but not limited to colouring competitions, children's activities, submissions of short stories, novels and poems; if within a competition setting, shall be exempt from the previous two clauses. Competition submissions shall be made by You on the understanding that we have full licence to reproduce the submitted works as we see fit whether that be for publicity or commercial activities. We may pay royalties on commercial activity, but this shall be at the sole discression of Ghostly Publishing and only where deemed that all costs have been recovered. We are under no obligation to pay commissions or royalties for any voluntarily submitted competition work.