PAAG Website Terms and Conditions
The following terms and conditions (collectively, these “Terms and Conditions” or the “Agreement”) apply to your use of the Publishing Accessibility Action Group (PAAG) website, paag.uk, including any content, functionality and services (collectively the “Services”) offered on or via paag.uk (the “Website”).
Please read the Terms and Conditions carefully before you begin using the Publishing Accessibility Action Group website, because by using the Website you accept and agree to be bound and abide by these Terms and Conditions.
These Terms and Conditions are effective as of 21/09/2022.
We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
1. Conduct on website
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website.
By posting information in or otherwise using any communications service, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
- Impersonates any person or entity, including any of our employees or representatives
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, databases, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
2. Intellectual property
By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of the PAAG.
You are only permitted to use the content as expressly authorized by us. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website.
3. DMCA notice
The PAAG respects the intellectual property rights of others.
If you have cause to believe that any materials accessible on the Website infringe upon your copyright, you may request removal of those materials from our Website by submitting written notification to our copyright agent at the contact details listed below. Such notification must comply with the Digital Millennium Copyright Act,17 U.S.C. § 512(c)(3)(A), which states that the following elements must be provided:
Elements of Notification:
(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Please submit such notices for proper investigation to the administration managers of the PAAG LinkedIn group.
The PAAG reserve the right to delete or disable content alleged to be infringing.
4. Third party websites
This Website may direct you, via links, to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by third parties. These websites may contain information or material that some people may find inappropriate or offensive.
These third-party websites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided as a convenience only and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.
5. Disclaimer of warranties, limitations of liability and indemnification
(a) Disclaimer of warranty
PAAG make no representation about the suitability of the content hereon. This website is provided to you “as is” and “as available”, with no representations or warranties of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. You hereby disclaim all warranties by PAAG relating to your site use. You acknowledge that your access to the site will not be free of interruptions, that the information herein may contain bugs, errors, technical inaccuracies, problems or other limitations, and that the site may be unavailable from time to time. You assume total responsibility and risk for your site use and site-related services.
(b) Limitation of liability
PAAG are not liable for damages, direct or consequential, resulting from your use of the website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the website.
6. Term and termination
These Terms and Conditions will become effective in relation to you when you start using the Website and will remain effective throughout your use of the website.
The PAAG reserves the right to terminate these Terms and Conditions at any time in case of unauthorized, or suspected unauthorized use of the Website whether in contravention of these Terms and Conditions or otherwise. If the PAAG terminates these Terms and Conditions for any of the reasons set out in this section, the PAAG shall have no liability or responsibility to you. If the Agreement is terminated, you agree to cease all Site Use and, upon request by the PAAG, to return all information in your possession relating to the Website, and all copies thereof.
The PAAG may assign these Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.
8. Entire agreement
These Terms and Conditions (including any amendments, registrations forms and any additional agreements you enter into with PAAG in connection with the Website) will constitute the entire agreement (“Agreement”) between the PAAG and you with respect to the subject matter contemplated herein, and supersede all oral statements and prior writings with respect to the subject matter contemplated herein. This Agreement is entered into after full investigation by each party, and neither party is relying on any statement or representation made by the other not embodied in this Agreement. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that these Terms shall otherwise remain in effect. No waiver shall be implied from conduct or failure to enforce or exercise rights under these Terms. Nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claiming to have waived.
The PAAG may provide notifications, whether these are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion.
Any notice provided to the PAAG hereunder shall be in writing and deemed to have been duly given at the time of receipt if delivered personally or via overnight express, or three (3) days after being mailed via registered or certified mail, postage prepaid, return receipt requested to the PAAG address as first set forth below; or, immediately upon confirmed transmittal by e-mail or fax to an e-mail or fax address provided by the receiving party in writing for such purpose.
10. Governing law
These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with English law without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in England.
The PAAG wish to address your concerns without resorting to formal legal dispute resolution. Before filing a claim, each party agrees to attempt to resolve the dispute by contacting the other party through the notice procedures defined in these Terms and Conditions. If a dispute is not resolved within 30 days of notice, you or the PAAG may bring a formal proceeding.
With the exception of seeking injunctive relief to stop unauthorized use or abuse of the Service or infringement of Intellectual Property Rights, you and the PAAG agree to resolve any claims relating to this Agreement or the Service through final and binding arbitration.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England.
The PAAG acknowledges and agrees that the restrictive covenants and provisions contained herein are reasonable and valid in scope and in all other respects, and do not impose limitations greater than are necessary to protect the goodwill, proprietary information, and other business interests of the user. Wherever possible, each provision hereof shall be interpreted in such manner as to be effective and valid under applicable law. If in spite of the foregoing, any provision of this Agreement shall be judged invalid, illegal, or unenforceable in any applicable jurisdiction, such provision shall be restricted or deleted in such jurisdiction only to the extent necessary to make such provision valid, legal, and enforceable in such jurisdiction, and the validity, legality, and enforceability of such provision in any other jurisdiction, or of any of the other provisions of this Agreement in all jurisdictions, shall not in any way be affected or impaired thereby.
The provisions of this Agreement which by their nature and content are intended to be observed, kept or performed after termination of this Agreement will survive the termination of this Agreement and remain binding upon and for the benefit of the parties, their successors and permitted assignees.
14. No waiver
A waiver of a breach or default under this Agreement shall not be a waiver of any other or subsequent breach or default. The failure or delay in enforcing compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition unless such term or condition is expressly waived in writing.
15. Section headings
Section headings are for convenience only and shall not be a part of this Agreement.
16. No agency
You and the PAAG are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If this Agreement conflicts with a provision of any other contract between you and the PAAG relating to the Website, the provision in such other Agreement shall govern.
18. End notes
If you have any questions about these terms and conditions, please contact PAAG via our LinkedIn group and we will be happy to help.
These Terms and Conditions were updated on 21/09/2022
© PAAG, 2022