Please read these Terms and Conditions of use carefully as they govern your relationship with Litopia Writers’ Colony and contain restrictions on liability that affect your rights.
Litopia Writers' Colony is owned and administered by The Redhammer Management Limited and references in these terms and conditions to “Litopia Writers’ Colony” or “We” shall be deemed for all purposes to include reference to The Redhammer Management Limited and any subsidiary or holding company of The Redhammer Management Limited that is from time to time involved in the ownership and/or administration of Litopia Writers’ Colony.
2. While you are a member here, we expect you to uphold these rules, and not to act either here or anywhere else on the internet or elsewhere in a manner which would tend to bring Litopia Writers' Colony into disrepute. We are proud of our members and their achievements - please allow us to be proud of you, too.
3. Access to and use of Litopia Writers' Colony is subject to these Terms including the following:
a. By using Litopia Writers' Colony you agree to be legally bound by these Terms, which shall take effect immediately on your first use of Litopia Writers' Colony. If you do not agree to be legally bound by these Terms please do not access and/or use Litopia Writers' Colony, and contact us to terminate your membership here. In addition, specific terms and conditions may apply to the use and enjoyment of and access to certain areas of this website and Litopia Writers Colony. Your use thereof and access thereto may be restricted or prohibited unless you have also agreed to such specific additional terms and conditions.
4. Use of Litopia Writers' Colony
a. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Litopia Writers' Colony content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Litopia Writers' Colony content except for your own personal, non-commercial use. Any other use of Litopia Writers' Colony content requires the prior written permission of Litopia Writers' Colony.
b. You agree to use Litopia Writers' Colony only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of Litopia Writers' Colony. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within Litopia Writers' Colony.
5. Disclaimers and Limitation of Liability
a Litopia Writers' Colony content, including the information, names, images, pictures, logos and icons regarding or relating to Litopia Writers' Colony, its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
b Litopia Writers' Colony does not warrant that functions contained in Litopia Writers' Colony content will be uninterrupted or error free, that defects will be corrected, or that Litopia Writers' Colony or the server that makes it available are free of viruses or bugs.
6. Intellectual Property
The names, images and logos identifying Litopia Writers' Colony or third parties and their products and services are subject to copyright, design rights and trade marks of Redhammer Management Ltd, and/or third parties. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Litopia Writers' Colony, or any other third party.
7. Contributions to Litopia Writers' Colony
All contributions to Litopia Writers' Colony remain your copyright.
However, in order to function, we need you to give us a simple non-exclusive license to use your words! Without this, we would not be able to publish your posts here on the site.
8. Further to paragraph 7, by submitting your contribution to Litopia Writers' Colony, you warrant that your contribution:
a. is your own original work and that you have the right to make it available to Litopia Writers' Colony for all the purposes specified above;
b. is not defamatory; and
c. does not infringe any law; and
d. you agree to indemnify Litopia Writers' Colony against all legal fees, damages and other expenses that may be incurred by Litopia Writers' Colony as a result of your breach of the above warranty on a full indemnity basis; and
e. waive any moral rights in your contribution for the purposes of its submission to and publication on Litopia Writers' Colony and the purposes specified above.
9. Litopia Writers' Colony (including Forum) Rules:
a. You agree to use Litopia Writers' Colony (including its Message Boards and forums) in accordance with the following Rules. These apply across all Litopia Writers' Colony sites and services. You should, however, read the local rules of the particular site or service you’re using, as there may be some local variations to these Rules.
b. About your posts: the following sets out the minimum standards of acceptable behavior and some specific remedies available to Litopia Writers Colony if you fail to comply:
c. Contributions must be civil and tasteful
i No disruptive, offensive or abusive behavior: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
ii No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
iii If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against you and your accounts.
iv Be patient: users of all ages and abilities may be taking part in the relevant Litopia Writers' Colony forum.
v No spamming or off-topic material: we don’t allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
vi No advertising
vii Contributions containing languages other than English may be removed unless allowed in the relevant local house rules.
viii No impersonation
ix No inappropriate (e.g. vulgar, offensive etc) user names
10. You must not misuse Litopia Writers Colony by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
11. By breaching the above provision, you would commit a criminal offence under the Computer Misuse Act 1990 and possibly also other applicable legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
12. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
13. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out above and you warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
14. Any material you upload to our site will, subject to these Terms and conditions be considered non-confidential and non-proprietary and we have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address), and please do not include postal addresses of any kind.
16. The Role of Moderators
The forums and other interactive content are moderated by Moderators, who are appointed by Litopia Writers’ Colony to ensure your experience in using Litopia Writers Colony is a positive and rewarding one.. You are expected to follow their instructions concerning conduct on the forums or other moderated content and they have the power to remove posts or ban members from the forums or other moderated content or take the actions envisaged by clause 20(c) or any of them. However, please be aware that Moderators do not have any authority to enter in to any agreements for or to bind contractually Litopia Writers Colony and comments made by moderators do not necessarily reflect the views of Litopia Writers Colony or its members or staff.
a. You may not submit any defamatory or illegal material of any nature in Litopia Writers' Colony forums. This includes text, graphics, video, programs or audio.
b. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
c. You agree to only submit materials which are your own original work.
d. You must not violate, plagiarize, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
e. The views expressed in Litopia Writers' Colony are those of members of the public and are not necessarily those of Litopia Writers' Colony.
18. If you're under 16:
Please get a parent’s or guardian’s permission before taking part in any Litopia Writers' Colony discussion.
19. Revealing Personal Information
Never reveal any personal information about yourself or anyone else (for example, telephone number, home address or email address).
20. Breaches of these Terms
a. If you fail to abide by these Terms (and/or any variations in the relevant local forum rules) when taking part in a Litopia Writers' Colony forum, your contribution may be removed or edited without prior notice. Your membership may be immediately terminated, or you may receive a warning that continuing to break the rules will result in action being taken against your membership, such action may include your relevant membership being placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of Litopia Writers' Colony.
b. If you post or send offensive, defamatory or inappropriate content (including any content that breaches these Terms including any alleged infringement of a third party’s intellectual property rights) anywhere on or to Litopia Writers' Colony or otherwise engage in any conduct that we regard as disruptive behavior on Litopia Writers' Colony,, Litopia Writers' Colony may use whatever information that is available to it about you to stop any further such infringements.
i. Suspension or cancellation of your membership
ii. The immediate removal without notice of all infringing content
iii. Informing relevant third parties such as your employer, college or email provider about the infringement/s.
iv. The deletion of any contribution,
vi. Further take action against any account, at any time, for any reason.
21. Exclusion of liability:
Under no circumstances will Litopia Writers' Colony, or anyone acting
on its behalf be liable for any loss or damage of any kind, however arising
and whether caused by tort (including negligence), breach of contract, defamation
or otherwise, even if foreseeable. The exclusion specifically includes any alleged
loss you may alleged you have suffered as a result of the taking by it or by
its staff (including moderators) of any of the actions referred to in Clause
20 (c) above whether or not the conduct that led to that action being taken
is subsequently found not in fact to have infringed these Terms, or the Privacy
This exclusion of liability therefore covers all liability for ,any of the following categories of loss or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation (including defamation); (f) losses suffered by third parties; (g) any indirect, consequential, special or exemplary damages arising from the use of Litopia Writers' Colony regardless of the form of action.
This clause 21 does not affect Litopia Writers’ Colony’s liability for death or personal injury arising from our negligence, nor Litopia Writers’ Colony’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
22. Reliance on Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
23. Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
24. Subscriptions and Recurring Payments
Once you cancel your membership, subscription or any other recurring payment to Litopia Writers' Colony, the account changes will take effect immediately. There are no refunds for partial use of a subscription period.
If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
25. These Terms shall be governed by and construed in accordance with the laws of England and Wales.
26. Any dispute or difference whatsoever arising our of or in connection with your membership and/or use of Litopia Writers Colony and/or these Terms and any update or changes thereto shall be referred to the exclusive jurisdiction of the English Courts, and no other jurisdiction shall be applicable.
Litopia Writers’ Colony
19 November 2014