"We", "us", "our", means Dodo Publishing and or Esoteric Science.com. "You", "your" means the person using the Website under these Terms. ‘Products’, ‘Services’ means any and all products made available through or on DowsingCharts.com.
INTELLECTUAL PROPERTY RIGHTS
1.1 This site contains material that is solely owned or licensed by Us. You may not copy, upload, reproduce, retransmit, post, distribute, republish, change or modify in any way any of the material contained on this web site, including any computer code, products, posts, images and software without our prior written permission or unless you have registered your first name, last name and current email address with us for the specific purpose of downloading products and or services for personal use only;
1.2 All brand, brand names, names, dowsing charts and dowsing chart names, services, courses, products and product names, book titles, audio titles and titles used in this website are trade names and in some instances may be trade marks of their respective holders. No permission is given in respect of any use of any or all of the above, and such use may constitute an infringement of the holders' rights under international copyright law;
1.3 The use of our online dowsing chart software is for personal use only and may not be used for any other purpose including and specifically commercial use or the resale of charts produced on our software without our expressed written permission.
1.4 By posting messages, sending emails, inputting data, answering questions, contributing to blogs, message boards or forums, creating dowsing charts, uploading data or files or otherwise communicating with us in any way through this website (a “Communication”), you are granting us a perpetual, non-
2.1 You must use the website for lawful purposes only
2.2 You must not send for display on the website any material that is unlawful including but not limited to material which is or which may be considered defamatory, obscene, indecent, menacing, in breach of privacy or confidence, infringes copyright or trademark rights
2.3 You must not send material containing software viruses or otherwise use the website in any way that interrupts access to it and disrupts services to our customers, authors and visitors;
2.4 You must not distribute, share, lend, borrow, upload onto the Internet or in any way provide access to any third party anything contained within this web site, including downloads and dowsing charts that you have used our proprietary software, online chart design service and dowsing chart templates to create and shall use such facilities, products and services for your sole personal use only;
PROHIBITED CONTENT POLICY
3.1 It is a condition of use of this Website that you will not post any Prohibited Content on any bulletin board and/or forum as set out below.
You will not:
3.1.1 publish falsehoods or misrepresentations that could damage us or any third party;
3.1.2 submit content or provide links to websites that are unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage such conduct that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;
3.1.3 post or encourage an illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to providing pirated computer programmes or links to them, providing information to circumvent manufacture-
3.1.4 submit material that is otherwise subject to third party rights unless you have the relevant permission to use such material and publish it on the Website;
3.1.5 impersonate another person;
3.1.6 post advertisements or solicitations of business; or
3.1.7 solicit personal information from anyone.
3.2 Any content which includes any of the content set out at clause 3.1 is Prohibited Content. We may, in our absolute discretion, deem any other Content not listed in clause 3.1 to be Prohibited Content.
3.3 We reserve the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of this agreement, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies and removing the Prohibited Content from our Website.
3.4 We reserve the right to terminate your access to our Website, if you are, in our absolute discretion, deemed to be a repeat infringer.
3.5 If you believe that any posting or review displayed on our Website contains Prohibited Content, please notify us immediately by contacting us at firstname.lastname@example.org We will consider your notification and if we consider it to be appropriate we will take all reasonable steps to remove the Prohibited Content complained about within a reasonable time and to the best of our ability.
4.1 The website incorporates links to other websites of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party websites, nor an endorsement of the content of such third party sites by us. You acknowledge that the use of such third party websites is governed by the terms and conditions of use as applicable to such websites;
4.2 You acknowledge and accept that we are not, and will not be held responsible for any damages, loss, costs or expenses arising from the use of such third party websites or products or services available through such third party websites.
4.3 You further acknowledge that the opinions, messages and content of third party web sites do not reflect our own and is purely their opinion, belief or content as appropriate to their own use and purposes.
5.1 We take your privacy online very seriously. However, although we use appropriate security software on our website, the security of information transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other Internet link will be borne solely and exclusively by you.
LIMITATIONS OF LIABILITY
6.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law;
6.2 We are providing this website on an “AS IS, AS AVAILABLE” basis to users. You use of this website is always at your own risk;
6.3.1 neither we nor our employees or agents are in breach of a legal duty owed to you;
6.3.2 such loss or damage is not a reasonably foreseeable result of any such breach; or
6.3.3 any increase in loss or damage results from a breach by you of any term of this contract;
6.4 Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care;
6.5 Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with the Contract or your use of this website generally;
6.6 We further do not warrant that the website or the products and materials contained on such site are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.
7.1 You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms by you or your authorised users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorised users.
8.1 Our failure to insist upon the strict performance of any of your obligations under the Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations;
8.2 If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect;
8.3 Nothing in these Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise;
8.4 These terms and conditions will be governed by and construed in accordance with English law and the parties will submit to exclusive jurisdiction of the English courts;
8.5 Neither we nor our authors or affiliates make any representation that materials on this website are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
9.1 All downloads are subject to available funds being transferred via Paypal at the time of purchase. Delays caused by failure to transfer funds or delays in payment processing by e-
9.3 Because of the nature of our online products, refunds will not be given on any transactions where downloads from links provided for that purpose have been instigated (activated). Products will be considered to have been received where downloads have been attempted and our download logs shall form the basis of all decision relating to disagreement over such issues.
9.4 Expired links cannot be replaced and expired links shall be considered to be the satisfactory completion of all purchases
9.5 It is the customer’s responsibility to report ALL link or download errors upon purchase and or within one hour of payment being confirmed to us.
PRICING AND REFUNDS
10.1 All pricing is based upon what we consider to be fair and reasonably both to the purchaser in terms of the benefits afforded to them and to the producers of the work in terms of their time, effort and experience in producing the materials.
10.2 There are no refunds on the purchase of any downloadable products. Due to the nature of file types, services and access associated with these products and the ease of unlawful duplication we do not give refunds. In the event that a download fails for any reason please contact us immediately or within 2 hours of your purchase via the contact form on the ' Contact' page of this web site.
10.03 An additional or second purchase charges will be made in the event of a lost or expired link resulting in the failure of a customer to download their product
10.4 We reserve our right to change pricing at our own discretion, whilst always considering what we believe to be fair and reasonable.
USE AND USABILITY
11.1 Use of our charts is restricted to personal use only for the purposes of traditional dowsing methods and is restricted by our copyright ownership. See 1. Above.
11.2 Dowsing charts are provided for practical dowsing purposes, which means that they are designed for download onto a computer to be printed as hard copy dowsing charts for dowsing.
11.3 Whilst the content of this web site may be viewed from mobile devices, for practical reasons this does not include the use of dowsing charts for traditional dowsing purposes, which should always be printed and used seperately.
12.1 In the unlikely event that we receive a request to perform any administrative function for any use, benefit or satisfaction of a third party, personal or otherwise, outside of the normal administrative support provided to customers and clients through sales, we reserve the right to charge a reasonable administration fee or other fees appropriate to the request and as deemed reasonable by us for the work or effort required.
JURISDICTION AND APPLICABLE LAW
15.1 For contact relating to the content of this website in general, please contact us via the contact form on the ' Contact' page of this web site. . Thank you.
The terms were last updated on 30th June 2013