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Terms of Service for The Story Cellar
Updated 27/03/2011
The use of The Story Cellar Web site
www.storycellaronline.com and
www.onlinestorycellar.com are subject to the following Terms of
Service. Please read these Terms of Service ("Terms") carefully.
Creating an account with The Story Cellar or otherwise using or
accessing The Story Cellar Service will signify your acceptance of
these Terms and constitute a binding agreement between you and The
Story Cellar ("Agreement"). If you do not agree to these Terms,
discontinue use of The Story Cellar Service immediately. The Story
Cellar's acceptance is expressly conditioned on your assent to these
terms.
1. Description of Service
The Story Cellar Service is operated by The Spice Cellar which is part of the AceWiz group of websites ("The
Story Cellar" or "We"). The "The Story Cellar Service" (or "Service")
includes The Story Cellar Web site that provides you the
capability to subscribe to an online membership, and have digital
versions of publications or products delivered to you.
2. Your Account
Certain portions of The Story Cellar
Service are available only to individuals who have registered with and
obtained a password from The Story Cellar. By registering with The
Story Cellar, you certify that you are at least 16 years of age. You
may not provide or use a password, email address, or any other
information of anyone else without the owner's authorization. You
agree to provide true, accurate, current and complete information
about yourself when you register with or download publications from
The Story Cellar, and to maintain and promptly update that information
to keep it true, accurate, current and complete. You are responsible
for maintaining the confidentiality of your account and password and
for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account,
including the selection and use of all content and services.
3. User Conduct
You may only use The Story Cellar Service
for lawful purposes and in accordance with these Terms, any operating
rules established by The Story Cellar and The Story Cellar Reader
License Agreement. The Story Cellar reserves the right to refuse
service, terminate accounts, or cancel orders in its sole discretion,
including, without limitation, based on any activity by a subscriber
in violation of these Terms.
4. International Users
The Story Cellar Service is controlled,
operated and administered by The Spice Cellar from within the United
Kingdom. If you access The Story Cellar Service from a location
outside the United Kingdom, you are responsible for compliance with
all local laws. You agree that you will not use The Story Cellar
Service or other content accessed through The Story Cellar Service
in any country or in any manner prohibited by local law
5. Intellectual Property
All content included as part of The Story
Cellar Service, such as text, graphics, logos, button icons, images,
as well as the compilation thereof, and all software used on this
site, is the property of The Story Cellar or its suppliers and
protected by United Kingdom and international copyright laws. You
agree to abide by all copyright notices, legends or other restrictions
contained in any such content and will not make any changes thereto.
Each third-party content provider owns the copyright on content
original to it including, without limitation, on the publications
delivered or otherwise made available to you by The Story Cellar
Service (the "Publications"). Except as permitted by the Publication's
lawful owner, you acknowledge that you do not acquire any ownership
rights by downloading copyrighted material.
Except as explicitly permitted under copyright law and by the features
of The Story Cellar Service you may not modify, reverse engineer,
publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way commercially exploit or provide
to a third party the content of The Story Cellar Web site, the
downloads, or any portion of them without the express permission of
The Story Cellar and the copyright owner.
We do not grant you any licenses, express or implied, to the
intellectual property of The Story Cellar or our licensors except as
expressly authorized by these Terms.
6. Third-Party Content
The Story Cellar is a distributor (not a
publisher) of the Publications or other content supplied by third
parties. Accordingly, we have no editorial control over such content.
Any opinions, advice, statements, services, offers or other
information or content expressed or made available by third parties,
including those made in Publications offered by The Story Cellar
Service, are those of the respective author(s) or publisher(s) and not
of The Story Cellar. The Story Cellar does not guarantee the accuracy,
completeness or usefulness of any content, nor will we be liable for
any loss or damage caused by your reliance on information obtained
through The Story Cellar Service.
The Story Cellar Service may contain links to other Internet sites and
third-party resources. The Story Cellar does not assume any
responsibility or liability for communications or materials available
at such linked sites. These links are provided for your convenience
only. You are solely responsible for understanding any terms and
conditions that may apply when you visit or place an order with a
third-party site.
7. Modifications to Service
We reserve the right at any time and from time
to time to modify or discontinue, temporarily or permanently, The
Story Cellar Service (or any part thereof) with or without notice. You
agree that The Story Cellar shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the
Service.
8. Disclaimer of Warranties
THE STORY CELLAR SERVICE AND ALL CONTENT IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE STORY CELLAR
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITHOUT
LIMITING THE FOREGOING, NEITHER THE STORY CELLAR NOR ITS AFFILIATES,
LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (A) THE STORY CELLAR
SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE STORY CELLAR SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR -FREE, (C) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE STORY CELLAR SERVICE WILL BE ACCURATE
OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE STORY CELLAR SERVICE WILL MEET YOUR EXPECTATIONS.
YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE
INTERNET CONNECTIVITY. THE STORY CELLAR IS NOT RESPONSIBLE FOR YOUR
INABILITY TO DOWNLOAD CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
STORY CELLAR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THE STORY CELLAR OR THROUGH OR FROM THE STORY CELLAR SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9. Limitation of Liability
IN NO EVENT WILL THE STORY CELLAR OR ITS
AFFILIATES, LICENSORS, OR AGENTS BE LIABLE UNDER ANY THEORY OF LAW,
FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT
APPLY TO YOU.
10. Indemnification
You agree to defend, indemnify and hold
harmless The Story Cellar, its licensors, suppliers and any
third-party content providers to the Service and their respective
directors, officers, employees and agents from and against all claims,
losses, expenses, damages and costs, including reasonable attorney's
fees, arising out of your use of The Story Cellar Service and
resulting from any violation of these Terms or any activity related to
your account (including negligent or wrongful conduct) by you or any
other person accessing the Service using your account.
11. Monitoring
The Story Cellar has the right, but not the
obligation, to monitor The Story Cellar Service to determine
compliance with these Terms and any operating rules established by The
Story Cellar; and to satisfy any law, regulation or authorized
government request. Without limiting the foregoing, we shall have the
right to remove any content that we, in our sole discretion, find to
be in violation of the provisions hereof or otherwise objectionable or
in breach of The Story Cellar's licensors' obligations.
12. Termination
Either The Story Cellar or you may terminate
this Agreement at any time. Without limiting the foregoing, The Story
Cellar may, in its sole discretion and without liability, terminate
your password, or use of the Service for any reason, including,
without limitation, if The Story Cellar believes that you have
violated or acted inconsistently with the letter or spirit of these
Terms. Any termination of your access to the Service under any
provision of these Terms may be effected without prior notice, and The
Story Cellar may immediately deactivate or delete your account and all
related information and/or bar any further access to the Service.
Sections 4, 5, 6 and 8-13 shall survive termination of this Agreement.
13. Auto-renew Option
Membership of The Story Cellar is not subject
to an auto-renew option and therefore your membership will run for a
period of 12 months from the date you receive your user name and
password or until the agreed number of downloads has been reached.
At this point you may be contacted with an invitation to renew your
membership, however this will be entirely at your discretion and not
automatically carried out.
14. Miscellaneous
These Terms, The Story Cellar Reader License
Agreement and the other rules, guidelines, licenses and disclaimers
posted on The Story Cellar Web site constitute the entire agreement
between The Story Cellar and you with respect to your use of The Story
Cellar Service and supersede all previous written or oral agreements
between us with respect to the subject matter hereof. These Terms
shall be governed by the statutes and laws of the United Kingdom,
without regard to the conflicts of laws principles thereof. No waiver
by either party of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or default.
15. Notification of Changes
From time to time, The Story Cellar may revise
these Terms to keep them up to date with The Story Cellar's products
and services. The update date is used to alert you to recent
modifications and it is your responsibility to review these Terms for
the latest updates. If you do not wish to accept the updated Terms,
you may immediately cancel your The Story Cellar subscriptions. Your
access or use of The Story Cellar Service subsequent to such an update
will signify your assent to be bound by such changes.
16. Our Address
The Spice Cellar
32 Manor Road
Rusthall
Tunbridge Wells
Kent
TN4 8UE
Telephone: +44 (0) 20 8123 6916
Privacy Policy
Updated 27/03/2011
The Story Cellar knows that you care how information about you is used
and shared, and we appreciate your trust that we will do so carefully
and sensibly. This Policy explains The Story Cellar's treatment of
information that we collect when you are on The Story Cellar Web site
and when you use our products and services (collectively,
"The Story Cellar Service"), which may include personally identifiable
information ("Personal Information"). By using The Story Cellar's
products and services, you are accepting the practices described here.
This policy does not apply to the practices of companies that The
Story Cellar does not own or control, or to individuals that The Story
Cellar does not employ or manage, including operators of Web sites you
may visit before or after visiting The Story Cellar Web site and
the owners or publishers of the downloads you purchase, download or otherwise access through The Story Cellar Service.
Information We Collect
The Story Cellar collects information from users, which may include
Personal Information, at different points on our Web site and through
our software as follows:
Information You Give Us
We receive and store information you enter on our Web site or give us
in any other way.
Registration data:
 | When you register for The Story Cellar Service, we ask that you provide basic contact information such as your name, address, and email address. |
Order data:
| When you order downloads or membership through The Story Cellar Service, all payment details are handled via our third part secure payment processor and no details are stored by The Story Cellar |
Voluntary information:
| We may collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with The Story Cellar Customer Support. |
Information Collected Automatically
| We receive and store certain types of information whenever you interact with us via www.storycellaronline.com or www.onlinestorycellar.com or www.spicecellar.co.uk |
Computer configuration:
| We automatically receive and log information from your browser, including your IP address, your computer's name, your operating system, browser type and version, CPU speed, and connection speed. |
Referral, clickstream, and site interaction data:
| We may also record the URL you linked from to get to The Story Cellar, your clickstream through and from our Web site, and other generally accepted tracking information. |
Email delivery and open rates:
| To help us make our emails more useful and interesting, and to ensure that we are delivering the downloads you have ordered, we often receive a confirmation when you receive and/or open email from The Story Cellar. |
Software installation, file downloads, and publication access:
| When you download files from The Story Cellar, we may record when each file transfer begins and ends. |
Information from Other Sources
| We may receive information about you from other sources, add it to our account information and treat it in accordance with this policy. |
Updated delivery and address information:
| We may obtain updated contact information from third parties in order to correct our records and fulfill your orders or deliver communications to you. |
Demographic and purchase information:
| We may reference other sources of demographic and purchase information in order to provide you with more targeted communications and promotions. |
How We Use Cookies
Cookies are alphanumeric identifiers that a Web site can store on your
computer's hard drive. When you visit The Story Cellar, create a
user account, download or purchase a product from us. We may set cookies on your personal
computer. We require that cookies be enabled in your Web browser so
that we can identify you as a repeat visitor or customer and maintain
session information for logged-in users. We also use cookies to track
usage trends and patterns in order to better understand and improve
areas of our Web site.
The Story Cellar may allow other companies that are providing content on our site to set and access their own cookies on your computer. Other companies' use of cookies is subject to their respective privacy policies.
How We Use the Information We Collect
The Story Cellar uses this information to:
| Deliver the downloads and other products you order or that are sent to you as sample or pass-along issues |
| Verify access to secure content and your account information |
| Determine whether you meet the minimum system requirements for use of The Story Cellar Service |
| Provide you tailored content and instructions, renewal options and targeted promotions |
| Service your customer support requests |
| Ask you to participate in surveys about our products and services |
| Offer you product upgrades |
| Better understand, on an anonymous and aggregated basis, how The Story Cellar Service is being used, including Web traffic and reading patterns, so that we may continually improve our products and services |
See below for a description of The Story Cellar's practices
regarding e-mail communications to our users and how to update your
preferences with respect to such e-mail communications.
How We Share the Information We Collect
We may share your Personal Information only as follows:
Publishers and partners:
| The Story Cellar may provide publishers and other merchants for whom The Story Cellar sells or distributes Publications or other products, with any Personal Information in connection with or as is necessary to fulfill your requests for their products, programs or services, or to satisfy other core business functions. In such instances, your Personal Information is governed by their respective privacy policies. |
Agents: We may employ other companies and individuals to perform functions
| on our behalf such as fulfilling orders, sending email, processing credit card payments, and providing customer service. They will be provided access to Personal Information needed to perform their functions, but may not use it for other purposes. |
Protection of The Story Cellar and others:
| We release account and other Personal Information when we believe release is appropriate to comply with the law; to enforce or apply our Terms of Service or other agreements; or to protect the rights, property, or safety of The Story Cellar our users, or others. |
Business transfers:
| The Story Cellar may transfer information it collects, including any Personal Information, in connection with a business combination transaction or sale of all or most of the assets of the company. You acknowledge that such transfers may occur, and that any acquirer of The Story Cellar may continue to use your Personal Information as set forth in this policy. |
Trusted third parties:
| With your consent, we will make your Personal Information available to trusted third parties who offer products and services we think may be of interest to you so that you can receive information or opportunities related to those products and services. You may update your preference with regard to our sharing your information for this purpose by opting out by emailing admin@storycellaronline.com A trusted third party may use shared information in accordance with its own privacy policy. |
With your consent:
| Other than as set out above, you will receive notice prior to our sharing your Personal Information with any third parties, and you will have an opportunity to choose not to share the information. |
| The Story Cellar reserves the right to use and disclose anonymous information, including aggregate information derived from your Personal Information, to inform publishers, partners, and other interested parties as to the usage habits or characteristics of The Story Cellar's user base; and to serve other general business purposes. |
Email Communications to our Users
| The Story Cellar does not send unsolicited email, but we do send email communications to our users in connection with our providing The Story Cellar Service. The following outlines the types of email The Story Cellar sends to our users, and the choices you have about which messages to receive. |
| Messages required to service orders you place for products fulfilled by The Story Cellar: |
| The Story Cellar will send you email notifying you of the availability of each product that you order either directly from The Story Cellar. We may also send you communications related to your order. |
| Messages required to service your The Story Cellar account: |
| The Story Cellar may send newly registered users a welcoming email, as well as messages confirming each order you place directly at The Story Cellar; confirming your account changes; inviting you to participate in customer surveys; and informing you of important product or service updates related to our core business. |
| Marketing messages about Publications you receive: |
| We may send you marketing messages related to the downloads you receive, for example, encouraging you to purchase additional single copies or to subscribe. |
| Optional marketing messages from The Story Cellar: |
| Registered users may also occasionally receive information or special promotions from The Story Cellar about additional products and services. You may update your preference with regard to receiving such messages by opting out via email to admin@storycellaronline.com |
| Optional marketing messages from trusted third parties: |
Changing or Removing Your Information
| If at any time you would like to close your account, send email to admin@storycellaronline.com Your Personal Information will be removed from our active user database and will be deleted assuming that you are current with all payment obligations, that The Story Cellar does not believe it reasonably necessary to keep such information for any pending legal action, and that we are under no other legal obligation to retain such information. Please be aware that any unfulfilled subscriptions may be canceled without refund and you will have to re-register in order to use The Story Cellar Service. It is your responsibility to request a refund from The Story Cellar or the appropriate merchant. |
Security Practices
| The Story Cellar uses reasonable and current security methods to protect your personal data. Your information will be stored in a database located behind multiple firewalls and accessible only to authorized personnel. We do not encrypt normal Web sessions, but any transmission to our servers of credit card or other Personal Information uses Secure Sockets Layer (SSL) software, which encrypts information you input. (Note: Unless you are PCI compliant, you should not be receiving, storing or accessing credit card data. If this statement pertains to how your payment processor manages and secures credit card data this should be reflected in this policy.) |
Children
| The Story Cellar does not knowingly collect, either online or offline, Personal Information from persons under the age of sixteen. |
Notification of Changes
| From time to time, The Story Cellar may revise this Privacy Policy to keep it up to date with The Story Cellar's products and services. The update date is used to alert you to recent changes. Unless we notify you otherwise, our collection and use of your Personal Information is governed by the Privacy Policy in effect at the time such Personal Information is collected. |
How to Contact Us
| If you have any questions or concerns regarding our Privacy
Policy or our use of your information, please email
webmaster@acewiz.com Refund Policy Updated 27/03/2011 |
| Your satisfaction is very important to us. You may cancel membership at The Story Cellar at any time. The Story Cellar will provide a full refund if you have made a request to cancel your membership by email to both admin@storycellaronline.com and webmaster@acewiz.com and only if you have not been issued with a username and password. |
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