Terms and Conditions & Privacy Policy

Please read these Terms and Conditions of use carefully as they govern your relationship with Litopia Writers’ Colony and contain restrictions on liability that affect your rights.

Litopia Writers' Colony is owned and administered by The Redhammer Management Limited and references in these terms and conditions to “Litopia Writers’ Colony” or “We” shall be deemed for all purposes to include reference to The Redhammer Management Limited and any subsidiary or holding company of The Redhammer Management Limited that is from time to time involved in the ownership and/or administration of Litopia Writers’ Colony.

1. Like every effective community, we have rules. So please take a few moments to familiarize yourself with the following Terms and Conditions of Use (“Terms”). We regret that you cannot become a member of Litopia Writers' Colony without agreeing to these Terms, and agreement to the Terms includes agreement to our Privacy Policy, which forms part of these Terms.

2. While you are a member here, we expect you to uphold these rules, and not to act either here or anywhere else on the internet or elsewhere in a manner which would tend to bring Litopia Writers' Colony into disrepute. We are proud of our members and their achievements - please allow us to be proud of you, too.

3. Access to and use of Litopia Writers' Colony is subject to these Terms including the following: a. By using Litopia Writers' Colony you agree to be legally bound by these Terms, which shall take effect immediately on your first use of Litopia Writers' Colony. If you do not agree to be legally bound by these Terms please do not access and/or use Litopia Writers' Colony, and contact us to terminate your membership here. In addition, specific terms and conditions may apply to the use and enjoyment of and access to certain areas of this website and Litopia Writers Colony. Your use thereof and access thereto may be restricted or prohibited unless you have also agreed to such specific additional terms and conditions. b. Litopia Writers' Colony may change these Terms at any time by posting changes online and/or changing this page. Please review these Terms regularly to ensure you are aware of any changes made by Litopia Writers' Colony as they are binding upon you as soon as the changes are posted online. Your continued use of Litopia Writers' Colony after changes are posted means you agree to be legally bound by these Terms as updated and/or amended. Some of the provisions contained in these Terms of use may also be superseded by provisions or notices published elsewhere on our site.

4. Use of Litopia Writers' Colony a. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Litopia Writers' Colony content in any way except for your own personal, private and non-commercial use. You also agree not to adapt, alter or create a derivative work from any Litopia Writers' Colony content except for your own personal, private and non-commercial use. Any other use of Litopia Writers' Colony content, including messages sent through the Message system (sometimes referred to as "Private Message" or "PM") requires the prior written permission of Litopia Writers' Colony. b. You agree to use Litopia Writers' Colony only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of Litopia Writers' Colony. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within Litopia Writers' Colony.

5. Disclaimers and Limitation of Liability a Litopia Writers' Colony content, including the information, names, images, pictures, logos and icons regarding or relating to Litopia Writers' Colony, its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. b Litopia Writers' Colony does not warrant that functions contained in Litopia Writers' Colony content will be uninterrupted or error free, that defects will be corrected, or that Litopia Writers' Colony or the server that makes it available are free of viruses or bugs.

6. Intellectual Property The names, images and logos identifying Litopia Writers' Colony or third parties and their products and services are subject to copyright, design rights and trade marks of Redhammer Management Ltd, and/or third parties. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Litopia Writers' Colony, or any other third party.

7. Contributions to Litopia Writers' Colony Where you submit any contribution to Litopia Writers' Colony (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Litopia Writers' Colony an irrevocable, perpetual, royalty-free, non-exclusive Creative Commons Attribution 2.0 England and Wales license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and make available to the public for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Privacy Policy.

8. Further to paragraph 7, by submitting your contribution to Litopia Writers' Colony, you warrant that your contribution: a. is your own original work and that you have the right to make it available to Litopia Writers' Colony for all the purposes specified above; b. is not defamatory; and c. does not infringe any law; and d. you agree to indemnify Litopia Writers' Colony against all legal fees, damages and other expenses that may be incurred by Litopia Writers' Colony as a result of your breach of the above warranty on a full indemnity basis; and e. waive any moral rights in your contribution for the purposes of its submission to and publication on Litopia Writers' Colony and the purposes specified above.

9. Litopia Writers' Colony (including Forum) Rules: a. You agree to use Litopia Writers' Colony (including its Message Boards and forums) in accordance with the following Rules. These apply across all Litopia Writers' Colony sites and services. You should, however, read the local rules of the particular site or service you’re using, as there may be some local variations to these Rules. b About your posts: the following sets out the minimum standards of acceptable behavior and some specific remedies available to Litopia Writers Colony if you fail to comply: c Contributions must be civil and tasteful i No disruptive, offensive or abusive behavior: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble. ii No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable. iii If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against you and your accounts. iv Be patient: users of all ages and abilities may be taking part in the relevant Litopia Writers' Colony forum. v No spamming or off-topic material: we don’t allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas. vi No advertising vii Contributions containing languages other than English may be removed unless allowed in the relevant local house rules. viii No impersonation ix No inappropriate (e.g. vulgar, offensive etc) user names.

10. You must not misuse Litopia Writers Colony by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

11. By breaching the above provision, you would commit a criminal offence under the Computer Misuse Act 1990 and possibly also other applicable legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

12. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

13. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out above and you warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

14. Any material you upload to our site will, subject to these Terms and conditions be considered non-confidential and non-proprietary and we have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

15. Safety We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address), and please do not include postal addresses of any kind.

16. The Role of Moderators The forums and other interactive content are moderated by Moderators, who are appointed by Litopia Writers’ Colony to ensure your experience in using Litopia Writers Colony is a positive and rewarding one. You are expected to follow their instructions concerning conduct on the forums or other moderated content and they have the power to remove posts or ban members from the forums or other moderated content or take the actions envisaged by clause 20(c) or any of them. However, please be aware that Moderators do not have any authority to enter in to any agreements for or to bind contractually Litopia Writers Colony and comments made by moderators do not necessarily reflect the views of Litopia Writers Colony or its members or staff.

17. Restrictions a. You may not submit any defamatory or illegal material of any nature in Litopia Writers' Colony forums. This includes text, graphics, video, programs or audio. b. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited. c. You agree to only submit materials which are your own original work. d. You must not violate, plagiarize, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights. e. The views expressed in Litopia Writers' Colony are those of members of the public and are not necessarily those of Litopia Writers' Colony.

18. If you're under 16: you may not join Litopia Writers' Colony if you are under sixteen years of age.

19. Breaches of these Terms a. If you fail to abide by these Terms (and/or any variations in the relevant local forum rules) when taking part in a Litopia Writers' Colony forum, your contribution may be removed or edited without prior notice. Your membership may be immediately terminated, or you may receive a warning that continuing to break the rules will result in action being taken against your membership, such action may include your relevant membership being placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of Litopia Writers' Colony. b. If you post or send offensive, defamatory or inappropriate content (including any content that breaches these Terms including any alleged infringement of a third party’s intellectual property rights) anywhere on or to Litopia Writers' Colony or otherwise engage in any conduct that we regard as disruptive behavior on Litopia Writers' Colony,, Litopia Writers' Colony may use whatever information that is available to it about you to stop any further such infringements. c. We and our moderators appointed to represent us have to ensure that Litopia Writers Colony operates at all times in accordance with these Terms and the Privacy Policy, as may be amended from time to time. While we and our moderators endeavor to act fairly, by joining Litopia Writers Colony and/or submitting any material to it or participating in its forums, you expressly acknowledge that we may take any step we or any moderators think fit for any alleged breach of these Terms or for the proper management of Litopia Writers’ Colony without any alleged breach being proven, including, without limitation, the following i. Suspension or cancellation of your membership ii. The immediate removal without notice of all infringing content iii. Informing relevant third parties such as your employer, college or email provider about the infringement/s. iv. The deletion of any contribution, v. Passing your personal data held by us to third parties who have complained about any such content, as permitted by our Privacy Policy vi. Further take action against any account, at any time, for any reason.

20. Exclusion of liability: Under no circumstances will Litopia Writers' Colony, or anyone acting on its behalf be liable for any loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, defamation or otherwise, even if foreseeable. The exclusion specifically includes any alleged loss you may alleged you have suffered as a result of the taking by it or by its staff (including moderators) of any of the actions referred to in Clause 20 (c) above whether or not the conduct that led to that action being taken is subsequently found not in fact to have infringed these Terms, or the Privacy policy.

This exclusion of liability therefore covers all liability for ,any of the following categories of loss or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation (including defamation); (f) losses suffered by third parties; (g) any indirect, consequential, special or exemplary damages arising from the use of Litopia Writers' Colony regardless of the form of action.

This clause 21 does not affect Litopia Writers’ Colony’s liability for death or personal injury arising from our negligence, nor Litopia Writers’ Colony’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

21. Reliance on Information Posted Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

22. Our Site Changes Regularly We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

23. General If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these 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 Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

24. These Terms shall be governed by and construed in accordance with the laws of England and Wales.

25. Any dispute or difference whatsoever arising our of or in connection with your membership and/or use of Litopia Writers Colony and/or these Terms and any update or changes thereto shall be referred to the exclusive jurisdiction of the English Courts, and no other jurisdiction shall be applicable.

Litopia Writers’ Colony 29 November 2011

Privacy Policy

This Privacy Policy (“Policy”) forms part of our Terms and Conditions of Use (“Terms”) and both this Policy and the remainder of the Terms apply to your membership and/or use of Litopia Writers’ Colony, which is owned and administered by The Redhammer Management Limited and references in this Policy shall be deemed for all purposes to include reference to The Redhammer Management Limited and any subsidiary or holding company of The Redhammer Management Limited that is from time to time involved in the ownership and/or administration of Litopia Writers’ Colony (which for ease of reference we shall refer to herein as “Litopia” “we” or “us”).  Litopia is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Litopia may change this Policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. Any changes made take effect immediately that they are published on the site. This Policy is effective from 29th November 2011.

This Policy (together with our Terms and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

By using this web site and Litopia you consent to the collection and use of your personal information as set out in the Terms and this Policy.

For the purpose of the Data Protection Act 1998 [(the “Act”)], the data controller is The Redhammer Management Limited, Heathmans House, 19 Heathmans Road, London SW6 4TJ United Kingdom.

What we collect

We may collect the following information:
• name and job title
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to the purpose of this website.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Unfortunately, the transmission of information via the internet is not completely secure. Athough we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. The Redhammer Management Limited and/or any member of the Redhammer Group will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Disclosure of your Information

We may disclose your personal information to any subsidiary or holding company of The Redhammer Management Limited (together “Redhammer Group”).
We may disclose your personal information to third parties:
• In the event that we and/or Redhammer Group sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If The Redhammer Management Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and other agreements; or to protect the rights, property, or safety of The Redhammer Management Limited and/or any member of the Redhammer Group, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
• Where we receive a complaint from a third party that any contribution made by you is defamatory, or infringes their copyright or other intellectual property rights and we are requested to disclose your personal data (address, proper name, and telephone number) to them to enable them to make contact with you direct in order to pursue their complaint. It shall not be necessary for us to verify truthfulness of the complaint before we disclose this information, but we will endeavour to notify you of the complaint as soon as reasonably practicable.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:
• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at admin [AT] litopia [DOT] com.

Save as otherwise stated in this Policy, we will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to The Redhammer Management Limited, Haggards Crowther, Heathmans House, 19 Heathmans Road, London SW6 4TJ United Kingdom.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

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