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Terms and Conditions
The Typing Factory Terms and Conditions
DESCRIPTION OF SERVICE
Welcome to The Typing Factory's website, owned and produced by Romscot UK Ltd. The Typing Factory is currently a high quality Business Process Outsourcing (BPO) Service Provider. The Typing Factory provides leading outsourcing secretarial services (typing/transcription, data processing, data entry, mass-mailing, marketing campaigns, advertising materials design and delivery, online PC maintenance and help desk support), web hosting, corporate design, software programming and more (collectively referred to as “The Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Typing Factory services, shall be subject to these Terms and Conditions. You acknowledge and agree that the Service is provided "AS IS" and that the Typing Factory assumes no responsibility for the timeliness, deletion or failure to store any user communications or personalisation settings.
Because the Terms and Conditions contain legal obligations, please read them carefully.
Please direct any legal questions to:
Christian Lockhart
Managing Director
Romscot UK Ltd.
46 Gordon Street
Glasgow
G1 3PU
Scotland, UK
The Terms and Conditions contain a variety of provisions that are generally applicable to the Services.
ACCEPTANCE OF TERMS
By using the Services, you acknowledge consent and agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to The Typing factory's web site or Services. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
CONDITIONS ON USE
Use of the Services is subject to compliance with these Terms and Conditions. You consent and agree that The Typing Factory may terminate or limit your access to the Web Site or to any of the Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by The Typing Factory.
In order to use the Services, clients must have access to the World Wide Web and must navigate the Internet to www.typingfactory.com or another of the URLs under the above internet domain.
CLIENT ACCOUNT, PASSWORD AND SECURITY
Certain of the Services will require the client to register and provide certain data. In consideration of use of such Services, in registering and providing such data, you represent and warrant that: (i) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by The Typing Factory's registration forms ("Registration Data") and (ii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Typing Factory has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Typing Factory has the right to suspend or terminate your account and refuse any and all current or future use of the Services.
All The Typing Factory registrations become the exclusive property of The Typing Factory, its affiliates and subsidiaries. The Typing Factory reserves the right to use and reuse all registration and other personally identifiable client information subject to The Typing Factory Privacy Policy.
LICENSE TO CLIENT CONTENT
The Typing Factory will treat as strictly confidential (and will procure that all of its employees, agents, and subcontractors treat as strictly confidential) all information received or obtained as a result of entering into or performing this agreement (or which any such person receives or obtains in the course of his employment, agency or subcontract). The Typing Factory shall not be liable to the Customer for loss or damage to the Materials unless due to the negligence or other failure of the Typing Factory to perform its obligations under this agreement or under general law. The Typing Factory may terminate any agreement with immediate effect by notice in writing to the Customer on or at any time after the occurrence of any of the following events: The passing by the Customer of a resolution for its winding up or the making by a court of competent jurisdiction of an order for the winding up of the Customer or the dissolution of the Customer;
The making of an administration order in relation to Customer or the appointment of a receiver over, or the taking possession or sale by an encumbrancer of, any of the Customer's assets;
The Customer making an arrangement or composition with its creditors generally or making an application to a court of competent jurisdiction for protection from its creditors generally;
Material breach by the Customer of any of its obligations in terms of this agreement, other than non-payment of any Invoice; or
Failure by the Customer to pay any Invoice within 21 days of receipt of such Invoice; or otherwise by 7 days notice to the Customer and in the event of termination, the Service Payment shall become payable immediately.
The Customer shall provide all necessary details of the Materials in relation to which the Services are to be provided in a recorded audio format or written format acceptable to the Typing Factory .
The Customer shall be responsible for checking the accuracy and content of all the Materials typed by the Typing Factory and the Typing Factory accepts no liability for any inaccuracies or errors in such Materials.
On delivery of each item of Material by the Typing Factory in a digital format to the Customer, [the Typing Factory will issue to the Customer an invoice (the “Invoice”) detailing the Service Payment to be charged by it in relation to the provision of Services at the rate negotiated.
The Service Payment in respect of the Invoice shall become due by the Customer within 10 Business Days after the Invoice is issued to the Customer.
The Service Payment in respect of the services shall be due by the Customer immediately on delivery of the Material and shall be paid by the Customer by credit card. The Typing Factory shall be entitled to charge interest on the whole sum due to it, however arising, at the rate of 15% per annum any amount which is not paid by the Customer within the period specified until paid.
CLIENT CONDUCT
You will receive a password and account designation upon completing the Services' registration process. In consideration of your use of the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form and (ii) maintain and promptly update the information submitted to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (i) immediately notify The Typing Factory of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. The Typing Factory cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
You acknowledge, consent and agree that all information, data, text, sound, photographs, pictures, graphics, video, messages, files, notes or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not The Typing Factory, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. The Typing Factory does not control the user or third party Content posted via the Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. Under no circumstances will The Typing Factory be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Services. As a general matter, The Typing Factory does not pre-screen user or third party Content posted on The Typing Factory, except for certain areas where The Typing Factory employs certain automated screening software, although The Typing Factory reserves the right to do so. The Typing Factory does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. The Typing Factory reserves the right to monitor some, all, or no areas of the Services for adherence to these Terms and Conditions or any other rules or guidelines posted by The Typing Factory.
The Services may only be used for the intended purpose for which such Services are being made available.
You agree that you will not use The Typing Factory Services to:
- Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Upload, post, email, otherwise transmit, or post links to any Content, or select any member or client name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Collect or store personally identifying information about other clients for commercial or unlawful purposes.
- Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
- Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.
- Impersonate any person or entity, including, but not limited to, a The Typing Factory official, employee, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
- Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
- Making available copyrighted software or other Content that has had the copyright protection removed.
- Making available any software files for which the user does not own the copyright or have the legal right to make available.
- Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or The Typing Factory .
- Use automated means, including additional computers, software and scripts, to enhance play in The Typing Factory games and promotions.
- Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
- Use automated means, including spiders, robots, crawlers, or the like to download data from any The Typing Factory database.
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Typing Factory database, including, without limitation, by incorporating data from any Typing Factory database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
- Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
- Sell, distribute, or make any commercial use of data obtained from any Typing Factory database or make any other use of data from any Typing Factory database in a manner which could be expected to offend the person for whom the data is relevant.
- Create and maintain a Typing Factory web page that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages.
- Create and maintain a Typing Factory web page that contains hyperlinks to content not permitted on The Typing Factory.
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
- Intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange and any regulations having the force of law.
- Use the Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
- Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
- Access the Services after your account or access has been terminated by Typing Factory.
- Disobey any Typing Factory employee or representative or interfere with any action by any Typing Factory employee or representative to redress any violation of these Terms and Conditions.
- Harm minors in any other way. - Make any sexual request on behalf of a minor or make any sexual request of a minor "Stalk" or otherwise harass another.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Services.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to the Typing Factory or the spirit of these Terms and Conditions.
- Use any software deployed in connection with the Services to process data as a service to other entities without the express written consent of The Typing Factory or the party from -whom such software may be licensed.
- Advertise, offer for sale, or sell any of the following items:
- Any alcoholic beverages.
- Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
- Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
- Any firearms, explosives, or weapons.
- Any registered or unregistered securities.
- Any items that are counterfeit or stolen.
- Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
- Any controlled substances or pharmaceuticals.
- Any goods or services that do not, in fact, exist.
- Any items that you do not have the legal right to sell.
- Any items that violate or infringe the rights of other parties.
- Any dangerous items
- Any items where paying Typing Factory any of the required transactional or listing fees would cause Typing Factory to violate any law.
You acknowledge and agree that the Typing Factory and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Typing Factory and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Typing Factory, in its sole discretion. The Typing Factory may also terminate access to, or membership in, the Typing Factory, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the Typing Factory, including without limitation, information posted on message boards.
You expressly acknowledge and agree that the Typing Factory may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Typing Factory, its users and the public. You acknowledge and agree that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Typing Factory with regard to its users may be disclosed in accordance with Typing Factory' Privacy Policy.
The Typing Factory also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, a Typing Factory account may be terminated or suspended if a user doesn't use the account for an extended period of time; please see the Typing Factory website for more information regarding Typing Factory's policies concerning account termination. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
LICENSE TO USER CONTENT
The Typing Factory will treat as strictly confidential (and will procure that all of its employees, agents, and subcontractors treat as strictly confidential) all information received or obtained as a result of entering into or performing this agreement (or which any such person receives or obtains in the course of his employment, agency or subcontract).
The Typing Factory shall not be liable to the Customer for loss or damage to the Materials unless due to the negligence or other failure of the Typing Factory to perform its obligations under this agreement or under general law.
The Typing Factory may terminate any agreement with immediate effect by notice in writing to the Customer on or at any time after the occurrence of any of the following events:
The passing by the Customer of a resolution for its winding up or the making by a court of competent jurisdiction of an order for the winding up of the Customer or the dissolution of the Customer;
• The making of an administration order in relation to Customer or the appointment of a receiver over, or the taking possession or sale by an encumbrancer of, any of the Customer's assets;
• The Customer making an arrangement or composition with its creditors generally or making an application to a court of competent jurisdiction for protection from its creditors generally;
• Material breach by the Customer of any of its obligations in terms of this agreement, other than non-payment of any Invoice; or
• Failure by the Customer to pay any Invoice within 21 days of receipt of such Invoice; or otherwise by 7 days notice to the Customer and in the event of termination, the Service Payment shall become payable immediately.
The Customer shall provide all necessary details of the Materials in relation to which the Services are to be provided in a recorded audio format or written format acceptable to the Typing Factory.
The Customer shall be responsible for checking the accuracy and content of all the Materials typed by the Typing Factory and the Typing Factory accepts no liability for any inaccuracies or errors in such Materials.
On delivery of each item of Material by the Typing Factory in a digital format to the Customer, [the Typing Factory will issue to the Customer an invoice (the “Invoice”) detailing the Service Payment to be charged by it in relation to the provision of Services at the rate negotiated.
The Service Payment in respect of the Invoice shall become due by the Customer within 10 Business Days after the Invoice is issued to the Customer.
The Service Payment in respect of the services shall be due by the Customer immediately on delivery of the Material and shall be paid by the Customer by credit card.
The Typing Factory shall be entitled to charge interest on the whole sum due to it, however arising, at the rate of 15% per annum any amount which is not paid by the Customer within the period specified until paid.
DISCLAIMER OF WARRANTIES
The services are provided "as is," with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Typing Factory disclaims any warranties for the security, reliability, timeliness, and performance of the services. To the fullest extent permitted by law, Typing Factory disclaims any warranties for other services or goods received through or advertised on the services or received through any links provided in the services, as well as for any information or advice received through the services or through any links provided in the services. Typing Factory similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through the services.
You expressly understand and agree that typing factory disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the services. Typing Factory disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Typing Factory disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the services, including, without limitation, for harm caused by viruses or similar contamination or destructive features. Typing Factory makes no warranty regarding the reliability or accessibility of client web pages or any storage facilities offered by typing factory.
You understand and agree that any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIABILITY LIMITATION
You expressly understand and agree that under no circumstances shall Typing Factory or its licensors be liable to any client on account of that client's use or misuse of and reliance on the services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if Typing Factory or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the services, from inability to use the services, or from the interruption, suspension, or termination of the services (including such damages incurred by third parties).
Such limitation shall also apply with respect to damages incurred by reason of other services received through or advertised on the products and services or received through any links provided in the products and services, as well as by reason of any information or advice received through or advertised on the products and services or received through any links provided in the products and services. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the products and services or any information or merchandise that appears on, or is linked or related in any way to, the typing factory. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law.
Such limitation of liability shall also apply to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of client web pages or other content stored through the Typing Factory. For all claims relating to performance or non-performance under these terms and conditions, whether in contract, tort, strict liability, or otherwise, including without limitation, claims for failure of the system to operate, in no event shall the liability of the Typing Factory, whether arising in contract, tort, strict liability, or otherwise, exceed the fee, if any paid by the client for the system.
Under no circumstances shall Typing Factory be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
DISCLAIMER REGARDING THIRD PARTY CONTENT
The Typing Factory offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, Typing Factory has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on the Typing Factory or provided to the Typing Factory by third parties, Typing Factory may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the Typing Factory from such sources is developed by people over whom the Typing Factory exercises no control. Similarly, web pages hosted by the Typing Factory are posted by third parties, and, with the exception of certain automated screening functions, Typing Factory cannot and does not screen such web pages before they are made accessible to other clients of the Typing Factory. Accordingly, neither the Typing Factory nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to the Typing Factory web sites or in any web page hosted for a third party within the Typing Factory. In instances where the Typing Factory does review the sites that are displayed in directories, indices, and/or references, or where the Typing Factory makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by Typing Factory, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
STORAGE
The Typing Factory reserves the right, in its sole discretion, to limit the amount of storage space available per client.
THE TYPING FACTORY LOGOS
Linking to the Typing Factory The Typing Factory offers a non-assignable, non-transferable, and non-exclusive license to link to the Typing Factory ' web sites, using the Typing Factory logos subject to the following provisions. Typing Factory logos may be placed on a Web site for the sole purpose of creating a link to the Typing Factory and allowing users of your site to access the Services on the Typing Factory. The Typing Factory logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by the Typing Factory. The Typing Factory logos may only be used in the exact size, shape, colours, design, and configuration as found on those web pages. The Typing Factory logos and search boxes may not be altered in any manner. The Typing Factory logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements.
The Typing Factory logos may not be used to disparage the Typing Factory, its products or services, or in a manner which, in Typing Factory's reasonable judgment, may diminish or otherwise damage Typing Factory 's good will in the Typing Factory logos. By using any such Typing Factory logo, you acknowledge that the Typing Factory has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of the Typing Factory. If you use Typing Factory logos, you must include appropriate attribution, for example: "Typing Factory ® is a registered trademark of ROMSCOT UK Ltd., licensed to ROMSCOT UK Ltd." Typing Factory reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice.
Typing Factory reserves the right to take action against any use that does not conform to these provisions.
Permissions If you would like permission to use any Typing Factory trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or other brand feature, then please email at office@typingfactory.com, specifying from which Product or Service you would like to use information. Please note that Typing Factory grants permission only on a per-item, per-project basis.
Approved Typing Factory logos may be downloaded and used to link to the Typing Factory, without specific, written permission.
NO LICENSE; INTELLECTUAL PROPERTY OF TYPING FACTORY AND OTHERS
Except as expressly provided, nothing within any of the Services shall be construed as conferring any license under any of the Typing Factory or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Typing Factory and the Services is protected by copyright, trademark, patent, or other proprietary rights of Typing Factory and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Typing Factory in connection with the Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Typing Factory, any of Typing Factory's affiliates, or any of Typing Factory's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the Typing Factory of any purpose other than the purpose for which such Content is made available to clients by Typing Factory. You agree not to defame or disparage Typing Factory, the trademarks or service marks of Typing Factory, or any aspect of the Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Services or any software or programs used in connection with the Services or the Typing Factory.
INDEMNITY AND RELEASE
By using the Typing Factory web sites you agree to indemnify Typing Factory and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including solicitors' fees, arising from your use of the Typing Factory web sites, your use of the Services, or your submission of ideas and/or related materials to Typing Factory or from any person's use of any account or password you maintain with any portion of the Typing Factory, regardless of whether such use is authorized by you. By using the Typing Factory, using the Services, or submitting any ideas and/or related materials to Typing Factory, you are hereby agreeing to release Typing Factory and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Services or to any disputes regarding use of ideas and/or related materials submitted to Typing Factory.
LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Typing Factory or the Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
All legal issues arising from or related to the use of the Services shall be construed in accordance with, and all questions with respect thereto shall be determined by the Scottish law.
COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All marks that appear throughout the Services belong to Typing Factory, members of the Typing Factory, or the respective owners of such marks, and are protected by Scottish and international copyright and trademark laws. Any use of any of the marks appearing throughout the Services without the express written consent of Typing Factory or the owner of the mark, as appropriate, is strictly prohibited.
CHANGES IN TERMS AND CONDITIONS AND CHANGES IN SERVICES
The Typing Factory reserves the right to modify the Services from time to time, for any reason, and without notice, including the right to terminate the Services. The Typing Factory reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Typing Factory ' representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual Typing Factory web site or in connection with the Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
NON-WAIVER AND SEPARABILITY
Typing Factory ' failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Typing Factory are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Typing Factory.
SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Services, unless specifically terminated earlier by Typing Factory. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
COMMUNICATIONS WITH CLIENTS
You consent to receive communications from Typing Factory concerning your use of the Services ("Communications"). The Communications may be those that Typing Factory is required to send to you by law concerning the Services ("Required Communications"). The Communications may also be those that Typing Factory sends to you for other reasons. You consent to receive Communications electronically. Typing Factory may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on the Typing Factory. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which Typing Factory sends Communications by visiting your account information page.
In order to receive Required Communications, you must provide Typing Factory, upon registration with the Typing Factory, a valid email address to which Typing Factory may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. Typing Factory will provide notice of any changes to these requirements.
SUBMISSIONS OF IDEAS
The Typing Factory is always improving its Services and developing new features. If you have ideas regarding improvements or additions to the Typing Factory, we would like to hear them -- but any submission will be subject to these Terms and Conditions.
VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of The Typing Factory, Typing Factory reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all client accounts on any and all of the Typing Factory web sites.
If you are aware of any violations of these Terms and Conditions, please report them to :
Please read the entire Terms and Conditions, as all Typing Factory properties, Services are offered subject to these Terms and Conditions.
We hope your enjoyment of Typing Factory' Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Typing Factory to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Services.
Your use of this website constitutes acceptance of the Typing Factory Privacy Policy and Terms & Conditions.