Website usage terms and conditions

Terms of Service

Date Effective: JANUARY 2021

General

These websites (each a “Site” and collectively, the “Sites”)—brightbeingsacademy.com and peterpaulparker.co.uk—are owned and operated by Peter Paul Parker, trading as Bright Beings Academy (“we”, “us”). By using a Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Refund Policy, and any additional terms that may apply to specific sections of a Site or to products and services available through a Site or from Peter Paul Parker trading as Bright Beings Academy. Accessing a Site in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of a Site from time to time, in which case we will post the revised Terms of Service on that Site. By continuing to use a Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our limited licence to you.

Each Site and all materials available on it are the property of us and/or our affiliates or licensors and are protected by copyright, trade mark and other intellectual property laws. The Site is provided solely for your personal, non-commercial use. You may not use the Site or materials in a manner that infringes our rights or that has not been authorised by us. Unless explicitly authorised in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute in any manner or medium (including by email or other electronic means) any material from a Site. You may, however, from time to time download and/or print one copy of individual pages for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your licence to us.

By posting or submitting any material (including, without limitation, comments, blog entries, social media posts, photos and videos) to us via a Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you represent: (i) that you are the owner of the material, or are making your posting/submission with the express consent of the owner; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text, deliver or post any material, you grant us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. This grant includes the right to exploit any proprietary rights in such posting or submission, including, without limitation, rights under copyright, trade mark, service mark or patent laws. In connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed falls within the scope of Section 101 of the United States Copyright Act (to the extent applicable). As such, the copyrights in those works shall belong to Peter Paul Parker trading as Bright Beings Academy from their creation. Thus, Peter Paul Parker trading as Bright Beings Academy shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Peter Paul Parker trading as Bright Beings Academy determines. In the event any of the results and proceeds of your submissions are not deemed a “work made for hire,” you hereby, without additional compensation, irrevocably assign to Peter Paul Parker trading as Bright Beings Academy all proprietary rights, including without limitation all copyrights and trade marks, in perpetuity, in every medium, whether now known or hereafter devised. Any posted material that reproduces your prior works shall be co-owned by us.

You acknowledge that Peter Paul Parker trading as Bright Beings Academy has the right, but not the obligation, to use and display any postings or contributions of any kind and may elect to cease the use and display of any such materials (or any portion thereof) at any time for any reason.

Limitations on linking and framing.

You may establish a hypertext link to a Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline-link any content of a Site, or incorporate into another website or service any of our material, content or intellectual property.

Disclaimers

Throughout a Site, we may provide links and pointers to internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through them. In addition, neither we nor our affiliates operate or control in any respect any information, products or services that third parties may provide on or through a Site or on websites linked by us on a Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Peter Paul Parker trading as Bright Beings Academy. Neither Peter Paul Parker trading as Bright Beings Academy nor any third-party provider of information guarantees the accuracy, completeness or usefulness of any content. Furthermore, Peter Paul Parker trading as Bright Beings Academy neither endorses nor is responsible for the accuracy and reliability of any opinion, advice or statement made on any Site by anyone other than an authorised representative acting in their official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH A SITE AND BY PETER PAUL PARKER TRADING AS BRIGHT BEINGS ACADEMY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that a Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of a Site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of a Site or materials on a Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

You agree at all times to defend, indemnify and hold harmless Peter Paul Parker trading as Bright Beings Academy, its affiliates, successors, transferees, assignees and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce

Certain sections of a Site may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on a Site or on a site linked by a Site, the information obtained during your visit to that merchant’s online store or site, and information you give as part of the transaction (such as your payment details and contact information), may be collected by both the merchant and us. A merchant may have privacy and data collection practices that differ from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through a Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them arising from your purchase or use of any products or services made available by third parties through a Site.

Your participation, correspondence or business dealings with any third party found on or through a Site—regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings—are solely between you and such third party. You agree that Peter Paul Parker trading as Bright Beings Academy shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through a Site. You agree to use a Site and to purchase services or products through a Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to purchase goods or services only for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information, you represent that you have obtained the express consent of such third party to provide such information.

Interactive Features

A Site may include features such as bulletin boards, web logs, chat rooms and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on public areas of a Site, or sent via any email services on a Site, lies with each user—you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through a Site. It is a condition of your use of a Site that you do not:

Restrict or inhibit any other user from using and enjoying the Site.

Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

Gain unauthorised access to the Site, or any account, computer system or network connected to the Site, by means such as hacking, password mining or other illicit means.

Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.

Post or transmit any information, software or other material that violates or infringes upon the rights of others, including invasion of privacy/publicity rights or material protected by copyright, trade mark or other proprietary rights, or derivative works thereof, without first obtaining permission from the owner/rightsholder.

Post or transmit any information, software or other material that contains a virus or other harmful component.

Post, transmit or exploit any information, software or other material for commercial purposes, or that contains advertising, without our express written approval.

Advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

Community management.

Peter Paul Parker trading as Bright Beings Academy may host message boards, chats and other public forums on its Sites. Any user failing to comply with these Terms may be expelled from and refused continued access to the forums. We or our designated agents may remove or alter any user-created content at any time for any reason. Information and content posted within these forums may be provided by outside contributors or by users not connected with us, some of whom may employ anonymous user names. Peter Paul Parker trading as Bright Beings Academy expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed are solely those of the participants and do not reflect our opinions.

We have no obligation to monitor any content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. We reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration

To access certain features of a Site, we may ask you to provide demographic information, including your gender, year of birth, postcode and country. In addition, if you sign up for a particular feature (such as chat rooms, web logs or bulletin boards), you may be asked to register with us and provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personal data you provide is governed by our Privacy Policy.

Passwords

To use certain features of a Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, A SITE—INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS OR SERVICES—or THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH A SITE OR BY US IN ANY WAY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH A SITE, ANY MATERIALS, PRODUCTS OR SERVICES ON A SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THESE SITES ARE CONTINUALLY UNDER DEVELOPMENT AND PETER PAUL PARKER TRADING AS BRIGHT BEINGS ACADEMY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THEIR ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

With regards to financial content on a Site:

NEITHER PETER PAUL PARKER TRADING AS BRIGHT BEINGS ACADEMY NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS OR AGENTS ARE FINANCIAL ADVISERS, AND NOTHING CONTAINED ON A SITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE. THE EDUCATION AND INFORMATION PRESENTED ARE INTENDED FOR A GENERAL AUDIENCE AND DO NOT PURPORT TO BE, NOR SHOULD THEY BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL.

The information contained in our programmes (including, but not limited to, content in any format) is based on sources and information reasonably believed to be accurate at the time of creation. However, topics may change due to technology, market conditions and legal/compliance issues. Therefore, completeness and current accuracy cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax, accounting or related advice. Users should treat the contents as a general guideline and, when appropriate, consult their own legal, accounting or other advisers.

Any case studies, examples or illustrations cannot guarantee that you will achieve similar results. Your results may vary.

THE INFORMATION PROVIDED IN ANY PRODUCT OR SERVICE IS PROVIDED ON AN “AS IS” BASIS. PETER PAUL PARKER TRADING AS BRIGHT BEINGS ACADEMY DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION. THOSE RESULTS ARE YOUR RESPONSIBILITY AS THE END USER. (SOME JURISDICTIONS DO NOT ALLOW LIMITED WARRANTIES; THIS MAY NOT APPLY TO YOU.) IN PARTICULAR, PETER PAUL PARKER TRADING AS BRIGHT BEINGS ACADEMY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES OR COSTS OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER COSTS OR DAMAGES, IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR SERVICES. THESE LIMITATIONS MAY BE AFFECTED BY THE LAWS OF PARTICULAR JURISDICTIONS.

Termination

We may cancel or terminate your right to use a Site or any part of a Site at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Site affected. The restrictions imposed on you with respect to material downloaded from a Site, and the disclaimers and limitations of liability set forth in these Terms of Service, shall survive.

Refund Policy

Because our programmes are digital in nature and immediately accessible, all programme sales are final and non-refundable. You also confirm that you are aware that you will lose your right to a 14-day cooling-off period and refunds during this time. This does not affect your statutory rights.

If you believe in good faith that materials hosted by Peter Paul Parker trading as Bright Beings Academy infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it be blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Notices must meet applicable statutory requirements (for US notices, see the DMCA: http://www.loc.gov/copyright).

Copyright Agent: [email protected]

Assignment

This Agreement shall be binding upon and inure to the benefit of Peter Paul Parker trading as Bright Beings Academy and our respective assigns, successors, heirs and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without our prior written consent. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Peter Paul Parker trading as Bright Beings Academy to any affiliated entity or wholly owned subsidiary.

Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales, and any dispute shall be subject to binding arbitration in London, United Kingdom. If any provision of this Agreement is unlawful, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver

You may only resolve disputes with us on an individual basis and may not bring a claim as a claimant or a class member in a class, consolidated or representative action. Class arbitrations, class actions, private attorney-general actions and consolidation with other arbitrations are not allowed. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding unless all relevant parties agree in writing after the arbitration is initiated.

Severability (arbitration clause)

If any clause within this Provision (other than the Class Action Waiver above) is found illegal or unenforceable, that clause will be severed, and the remainder will have full force and effect. If the Class Action Waiver is found illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Google

Please see Google’s privacy policy regarding how Google uses data supplied on these Sites:
https://policies.google.com/technologies/partner-sites