Pocket Writers – Terms of Use

About Us

  1. Pocket Writers is an Online and Mobile Application operated and owned by Peapple Limited, a limited company registered in England and Wales with company number 07091556 and ICO number of Z2410445 whose registered address is at Unit 4, Maple Grove Business Center, Lawrence Road, Hounslow. TW4 6DR. (“we,” “us,” “our” or “Pocket Writers”).
  2. The purpose of the Application is to provide and online environment for writing and rewriting stories,and communicating digital media content.
  3. These Terms apply to any and all use of the Application. By accessing and using this Application, creating an account or by viewing or using any content of this Application each user and member (“you,” “your”) agrees to be bound by and to comply with these Terms.
  4. Pocket Writers is principally aiming the Application at the market in England and Wales and cannot guarantee the information contained within it accords with local laws of any other countries.

Your Account

  1. You can view partial content without create an account.
  2. In order to view and upload material to the Application you will need to create an account by completing the registration form on the Application.
  3. In creating your account you agree to comply with the following rules:
    • that your date-of-birth is correctly selected.
    • that you will not provide any false personal information or use any name which may mislead other users in any way or create an account for any other person;
    • that your username will not infringe any trade marks rights or any other intellectual property rights of any third party and will not contain anything which is defamatory, obscene, blasphemous or incites racial or religious hatred;
    • that you will not create more than one personal profile at any one time without our written permission (which may be by email);
    • that in the event that we disrth is correctly selected.able your account you will not create another account without our written permission (which may be by email);
    • that you will keep your password confidential and not do anything that might put at risk the security of your account.
    • that you are not a convicted sex offender;
    • that you will not disclose your direct contact details or arrange to meet any other user through your use of the Application.
    (together “the Account Rules”)

Your Content

  1. One of the key features on the Application is the ability of registered users to create profiles, write or rewrite stories, comment on stories, like stories and upload digital media content to the Application. (“Your Content”).
  2. While Pocket Writers welcomes all Your Content, it expects you to act responsibly in posting Your Content. In particular, Pocket Writers requires that you comply with the following rules in relation to any and all of Your Content:
    • that you will not use the Application for any unlawful purpose whatsoever;
    • that you will only use the Application with the sincere intent of uploading your own content or content in relation to which you have consent to upload. You will not knowingly use the Applicationfor any other purpose;
    • that all Your Content is either your own copyright work or that you have the written consent of the owner of any copyright, moral rights, performance rights, database right, rights in registered or unregistered designs, patent rights, rights in registered or unregistered trade marks, rights in confidential information or any other rights to reproduce or communicate that work to the public through the Application (“Intellectual Property Rights”).
    • that you will not knowingly submit material to be posted on the Application which infringes the Intellectual Property Rights or any other right of a similar nature belonging to any legal or natural person;
    • that the material you submit to be posted on the Application does not contain any words which are threatening, sexually orientated, defamatory, obscene, blasphemous or which incite racial or religious hatred. In particular, Pocket Writers reserves its right to inform the appropriate authorities if any posting that appears to solicit sexual or criminal activity appears on the Application;
    • that the material that you submit to be posted on the Application does not advocate or encourage other users to commit any criminal, illegal or unlawful acts.
    • that you will not post spam or other unauthorized commercial communications or offer any contest, giveaway or sweepstakes or any other promotion or offer or take part in any kind of pyramid marketing;
    • that you will not bully, intimidate or harass any other user of Pocket Writers;
    • that you will not upload any viruses or other malicious code or do anything that could disable, overburden or impair the proper working of the Application.
    (together “the Site Rules”)

Shared content

  1. Pocket Writers has developed a function which facilitates your use of a range of social networking media and other third party websites including Facebook and Twitter (“Third Party Websites”). You can share the stories or chapters on Pocket Writers by using Facebook and Twitter. Shared content will be posted on your profile.
  2. Vice versa. Your stories or chapters may be shared by other users to Facebook and Twitter.
  3. Pocket Writers does not have any connection whatsoever with these Third Party Websites and you will only be entitled to use this function provided you comply with the rules and terms of these Third Party Websites.
  4. Content which may be acceptable to Pocket Writers and which may comply with the Site Rules may not be acceptable to Third Party Websites and visa versa. Pocket Writers strongly recommends that you read the rules and terms on the Third Party Websites before sharing any of Your Content on such websites.

Our Use of Your Content

  1. By making Your Content available to Pocket Writers and submitting material to the Application, you acknowledge that you grant a worldwide, non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty free license to Pocket Writers to use all Intellectual Property Rights in Your Content on the Application, or in any other media or in any other way as Pocket Writers deems fit. For the avoidance of doubt, you hereby acknowledge that you waive any moral rights including the right to be identified as the author or creator of any of Your Content.
  2. By making Your Content available to Pocket Writers and submitting material to the Application, you agree that Pocket Writers may modify or adapt such material in order to ensure that it is suitable to appear on the Application.
  3. Due to the real-time nature of the Application, Pocket Writers cannot and is not required to review Your Content or confirm the validity of information submitted. Pocket Writers hereby notifies you that it does not actively monitor Your Content and as such is not responsible for and gives no warranty or representation in relation to Your Content.
  4. Any views or opinions contained within any of Your Content are not necessarily the views of Pocket Writers or any entity associated with it.

Unlawful Content

  1. Pocket Writers may, at its absolute discretion, decline to use the whole or any part of any of Your Content.
  2. In the event of Your Content being a subject of concern to any user or to Pocket Writers itself, Pocket Writers may, at its absolute discretion, remove it in whole or part from the Application. Nothing in this paragraph shall act to:
    • reduce or extinguish your liability to third parties who suffer loss as a result of viewing Your Content; or
    • remove or reduce your obligation to indemnify Pocket Writers in the event of legal proceedings being brought against Pocket Writers, as a result of it using any of Your Content.
  3. Pocket Writers reserves the right to reveal your identity (or whatever information it knows about you) in the event of a complaint or legal action arising from any message posted by you.
  4. Pocket Writers will not be liable for any indirect or consequential loss as a result of removing any of Your Content or your account information from this Application. Your statutory rights as a consumer are available to you.
  5. By making Your Content available to Pocket Writers and submitting material to the Application, you agree that you are responsible for all the information and content you provide and that you will comply with the Account Rules and Site Rules. You agree to fully indemnify Pocket Writers in the event of legal proceedings being brought against Pocket Writers, in consequence of you breaching the Account Rules and/or the Site Rules. For the avoidance of doubt, the indemnity you give to Pocket Writers is effective in respect of any and all legal proceedings including any and all possible causes of action that may result from any breach of the Account Rules and/or the Site Rules.
  6. If you find anything on this Application that you believe breaches the Account Rules or the Site Rules please use the reporting functions that are integrated with the application.

Our Content

  1. The Intellectual Property Rights and all other rights of a similar nature in the content provided by Pocket Writers on all of the pages in the Application are owned by Pocket Writers, or licensed to Pocket Writers unless otherwise specified, including in the design, layout, text, look and feel and photographs on the Application
  2. The name “Pocket Writers” is a trade name and trademark of Pocket Writers and the terms “rewrite”.
  3. The Intellectual Property Rights of Pocket Writers may not be used, replicated modified or adapted without the express consent of Pocket Writers. In particular you may not:
    • modify, translate, create derivative copies of or copy any aspect of the Application;
    • reverse engineer, decompile, disassemble or otherwise tamper with any material on the Application;
    • distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in or otherwise transfer any of your rights to use the Application; or
    • use the Application in any manner not expressly authorised or envisioned or in a way which may bring Pocket Writers into disrepute.
  4. You may use the Application for your private and personal non-commercial use only and Pocket Writers grants you a nonexclusive and nontransferable right and licence to download, access and use the Application and to share content on Third Party Websites.

Other People’s Content

  1. The Intellectual Property Rights of any other user of the Application or Third Party Websites, including any Intellectual Property Rights in any content submitted by any other user or which subsists in any Third Party Website, may not be used, replicated modified or adapted without the express consent of that user, Third Party Website or the owner of those rights.
  2. All other trade marks and Intellectual Property Rights are acknowledged and Pocket Writers makes no warranty or representation in respect of any other content generated by other users or on Third Party Websites.

Limitation of Liability

  1. Pocket Writers provides and maintains this Application for personal entertainment and communication purposes only. The Application is available from Pocket Writers on an “as is” basis.
  2. Every effort is made to ensure the continuity of the Application, but some occasional technical downtime beyond Pocket Writers control may occur. Such downtime may prevent you from accessing the Application for the duration of the downtime. Pocket Writers and its associated companies shall not be liable if your access to the Application is delayed or prevented by any cause beyond Pocket Writers control including, for the avoidance of doubt, hosting server downtime.
  3. You acknowledge that:
    • Pocket Writers has no control over the Internet which is a global decentralised network of computer systems. Accordingly, access to the Applicationshall not be error free or uninterrupted and may be variable; and
    • information, benefits and other material accessible over the Internet, including via the Applicationmay contain computer viruses, worms, Trojan horses, cancel bots, or other harmful and destructive components. Pocket Writers is not liable and will not be liable for any direct, indirect, incidental or other loss or damages which result or may result from your access to or use of the Internet. Pocket Writers strongly recommends that you maintain sufficient and updated anti-virus benefits on any hardware used to access the Application and/or access material on the Application.
  4. Subject to the paragraph immediately below, nothing in these Terms shall limit the liability of Pocket Writers for death or personal injury caused by information provided by it on the Application. For the avoidance of doubt, this clause shall not apply to information which appears on the Application that is provided by you or third parties or comes from Third Party Applications.
  5. The Application operates as a means for users to exchange information and digital media. While Pocket Writers will endeavour to remove any and all information or material which breaches the Account Rules or the Site Rules or the laws of England and Wales, Pocket Writers cannot and does not give any warranties in connection with such material. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Pocket Writers EXCLUDES LIABILITY FOR ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS.

Termination

  1. Pocket Writers reserves the right to cancel or suspend your registration and to limit all or part of your access to the Application if you breach the Account Rules or the Site Rules or otherwise breach these Terms or create risk or possible legal exposure for Pocket Writers.
  2. In the event that Pocket Writers cancels or suspends your registration Pocket Writers will notify you by email or at the next time you attempt to access your account.
  3. You will be entitled to delete or disable your account by using functions that are integrated on the Pocket Writers Application.
  4. When you delete or disable your account or Your Content, Pocket Writers will make reasonable endeavours to ensure that your account is no longer available to view on the Application but you agree and acknowledge that your published stories and chapters may persist in backup copies and may still be available on Third Party Websites or elsewhere on the internet.
  5. The warranties and indemnities provided under these Terms will continue in full force and effect after you delete or disable your account or Your Content.

General

  1. Pocket Writers acts as principal on its own account and not as agent for you or any other person.
  2. In the event that any part of these Terms is held to be unenforceable, such part will at Pocket Writers option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
  3. The Terms that appear on the Application constitute the full agreement between you and Pocket Writers and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
  4. Use of the Application and these Terms are subject to the laws of England and the exclusive jurisdiction of the English Courts.
  5. All questions, comments or enquiries should be directed by email to pocketwriters@peapple.com