Terms and Conditions of Site use
Definitions:
“You”, “Your” means:
the man and or [wo]man and or person and or legal entity using and or accessing the Site and or causing the Site to be used and or accessed regardless of whether the use is authorised as is the case for Members or whether the use is unauthorised for example: where a non-member receives Online Materials (not exclusive and non-exhaustive).
“Member” means:
Someone who has subscribed to receive Newsletters.
Members are required to provide Us with a FULL LEGAL NAME and EMAIL ADDRESS, when subscribing to receive Newsletters.
If You suspect that someone has copied our Online Materials in their presentations, videos and or other media (online or otherwise) – please inform us (even if it’s anonymously).
Simply screen shot the comments and where possible to include the offender’s name – then email them to whiterabbiteducation@gmail.com.
“Us”, “We”, “Our” means:
Ra-Bytz and or the legal owners of Ra-Bytz.com.
“Online Material(s)” means:
text, phrases, information, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, sample letters, templates, handouts, ideas, strategies, and music all of which are subject to copyright and comprise Our intellectual property rights ~ all rights reserved. Where access to Online Materials is granted by Us, it is done so under Licence. We retain all copyright, trademark and propriety interests in the Online Materials at all times.
“Site” means:
the Ra-Bytz website (Ra-Bytz.com) and or any other platform (whether digital or otherwise) which carries and or displays and or makes available Online Materials and or any of Our linked, associated, related and or offspring websites.
If You use the Site in any way shape or form and or if You come into possession of any Online Materials from the Site You agree to be bound by the Terms documented herein together with Our Privacy Policy and all other rules (as may be found around the Site and contained in Our emails) concerning use of Online Materials and the strict confidentiality We demand.
In other words: if You agree to be bound by Our Terms: use the Site. If You do not wish to be bound by Our Terms then leave the Site immediately and destroy all Online Materials obtained from the Site.
Your use of and or accessing of the Site and or Our Online Materials is Your agreement to Our Terms.
Using the Site and later claiming to disagree with Our Terms is prohibited and will not be accepted as an excuse. Any such claim will be deemed a poor attempt to justify underhand behaviour on Your part in stealing Online Materials and or making unauthorized copies thereof, and You agree and accept that any such claim by You is to be construed in that way and should be considered a full confession of guilt.
“Licence” means:
the lawful grant of permission to view, hear and or (under limited and restricted circumstances) make use of Our Online Materials which would otherwise be prohibited.
“Determine”, “Determination” means:
Where We reach a conclusion / judgement based on the facts available to Us.
Restrictions on the use of and or sharing of Our Online Material(s) and rules concerning Your conduct.
Clause #1:
All Online Materials made available to You via the Site and accessible by You on the Site including without limitation: text, phrases, information, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, sample letters, templates, handouts, ideas, strategies, and music (“Online Materials”) are subject to copyright and comprise Our intellectual property rights. We reserve all Our rights, at all times.
Clause #2:
All usage rights are owned and/or controlled by Us.
Clause #3:
You may not subsequently re-upload to the internet or other websites, anything downloaded from the Site, regardless of whether it retains Our branding or not.
Clause #4:
You are prohibited from downloading any of Our Online Materials to a database, server, or personal computer for reuse whether by You or others.
Clause #5:
The Online Materials are Licensed to You for non-commercial private viewing in homes and any distribution (unless authorised or permitted by law) copying, transmission, public performance, alteration or reverse engineering is strictly prohibited and may result in criminal and or civil liability.
Clause #6:
You are prohibited from downloading and or copying any Online Materials for any commercial purposes and or for distribution and or posting online. You may not copy, reproduce, re-engineer, republish, upload, post, transmit or distribute our Online Materials in any way shape or form for any purpose without first obtaining Our express written permission. You may not present and or re-present information, ideas and or strategies (obtained from the Site) as Your own creation(s) and or idea(s).
Clause #7:
If We Determine that have reproduced, re-engineered, republished, uploaded, posted, transmitted or distributed our Online Materials in any way shape or form for any purpose without first obtaining Our express written permission You consent to, and agree that:
Clause #8:
If We determine (the “Determination”) that You have reproduced, re-engineered, republished, uploaded, posted, transmitted or distributed our Online Materials in any way shape or form for any purpose without first obtaining Our express written permission You unreservedly consent and agree to immediately compensate Us a sum certain to be calculated by Us (the “Compensation”) and in any event the Compensation will total no less than £50,000.00.
You agree and consent and confess and concede that the Compensation is to be secured against Your property(s) (including home, buy to let and or business premises list not exhaustive) until such time as the Compensation is paid to Us and that neither court proceeding nor court order is required by Us in order to obtain said Charging Order.
You also agree and consent and confess and concede that all Your real and intangible property/assets, including but not limited to present and future equity (whether held in trust to your benefit and or to your order), chattels, bank and savings account balances list not exhaustive will serve as surety for any claim made against You and may be seized and liquidated by Us to satisfy the Compensation owed to Us and that neither court proceeding nor court order is required by Us.
Clause #9:
Where We Determine an outstanding debt is owed to Us, and or where Compensation is due to Us You agree that administration charges, and or collection charges, and or interest @ 8% per annum may be added to the outstanding balance(s) owed to Ra-Bytz regardless of how the outstanding balance(s) was/were accrued.
If for whatever reason formal enforcement proceedings are deemed appropriate You agree that all and any related costs and expenses incurred by tracing agents and or debt recovery agents (prior to the instigation of court proceedings), shall be recoverable from You and payable by You, together with interest @ 8% per annum.
Clause #10:
If You have a Complaint You agree that You will communicate the contents of said complaint or grievance via email to: WhiteRabbitEducation@Gmail.Com, and You agree that You will be bound by Our Determination in all circumstances and in all situations at all times.
For the purposes of legal enforcement action: You agree that Our Determination is to be treated as a judgment from a competent court of justice.
In other words: You agree that where legal enforcement action is required by Us and or deemed appropriate by Us, Our Determination permits Us to move directly to enforcement action against You without the need of a formal Court Judgment, or Order.
You agree that We may take any action against You that We deem to be appropriate given the circumstances.
Clause #11:
You may not add, delete, distort or misrepresent any content on or from the Site. All and any attempts to modify Online Materials in an attempt to circumvent Our security features and or intellectual property rights is prohibited.
In the event You download Online Materials including but not limited to text, software, data files, image files, video files, and or data accompanying, You agree without limitation that the Online Materials are for Your individual sole personal non-commercial use only.
We do not infer or agree or intend any transfer of title to You which means We retain full and complete title to the Online Materials and to all of the associated intellectual-property rights.
Clause #12:
You are neither allowed nor permitted to sell or redistribute Online Materials nor to reverse-engineer, disassemble or otherwise convert it to any other form.
Clause #13:
When You submit suggestions, ideas, graphics, comments, remarks (“Material”) to Us, including but not limited to any other information that You send through the Site the Material becomes and remains Our property even if We later terminate Your access to the Site.
Clause #14:
You further understand We don’t have to treat any submission as confidential and You cannot sue us for using the ideas You submit. If We use them, or anything like them, We do not have any obligation to pay You or anyone else for the use. Furthermore We will have complete and exclusive ownership of all present and future rights to submissions of any kind and We can use said submissions for any purpose We deem to be appropriate without compensating You or anyone else for them.
Clause #15:
Each and every information(s), text(s), form(s), template(s), video(s), audio(s), and such like, being Our intellectual property and the subject of Our intellectual property rights is Licensed to You for the duration of Your authorised stay on the Site. Once Your authorised stay ends, for whatever reason, Your Licensed access to Our Online Materials ends. You agree that any unauthorised accessing of Our Online Materials is to be subjected to a Determination by Us and You consent to be bound by Our Determination especially if We Determine You are liable to pay Us Compensation.
Clause #16: Limitation of Liability
You acknowledge that You are responsible for any and all submissions You make to the Site. This means that You – not Us – bear full responsibility for the information, including its lawfulness, reliability, appropriateness, originality, and copyright. We will not be liable for any loss, damages or injury that accompany or result from Your use of the Site and these include (but are not limited to) loss, damages or injury caused by any:
In fact You should consider that the Site is dynamic and so nothing contained in the Site or linked to the Site should be considered as permanent, save for your obligation to comply with Our Terms. Please note that We are not liable for any damages, including but not limited to:
We are not liable even if We’ve been negligent or if Our authorized representative has been advised of the possibility of such damages or both. There are exceptions as certain laws may not allow us to limit or exclude liability for these “incidental” or “consequential” damages. If You live in one of those jurisdictions this limitation obviously would not apply which would mean that You might have the right to recover these types of damages. However, and in any event, our liability to You for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they’re claimed under any other theory) will not be greater than the amount You paid (if anything) to access the Site.
Clause #17: Links to Other Site(s).
We sometimes provide referrals to, and or links to, other World Wide Web sites from the Site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites You can access through the Site. If in doubt, always check the Uniform Resource Locator (URL) address provided in Your WWW browser to see if You are still on a Site operated by Us or whether You have moved to another site.
We are not responsible for the content or practices of third party sites that may be linked to our Site. When We provide links or references to other websites, no inference or assumption should be made and no representation should be inferred that We are connected with, operate, or control the websites. Any approved link must not represent in any way, either explicitly or by implication, that it has received the endorsement, sponsorship or support of Ra-Bytz including its respective employees, agents and or owner(s).
Breach of House Rules, Disciplinary Policy, Issuance of Court Proceedings.
Clause #18: Grievances and Disputes (“Complaints”)
All Complaints must be communicated via email to: WhiteRabbitEducation@Gmail.Com. You agree that You will be bound by Our Determination in all circumstances, and in all situations, and at all times, and Your consent in this regard is given willingly and unreservedly by You in Your use of the Site.
If You wish to make a Complaint You agree to ONLY raise it with Us in the manner as described in the preceding paragraph. Any referral to any outside organisation will immediately result in expulsion from the Site (because this is a private platform and You have agreed that Our Determination (decision) is final).
Clause #19:
If We deem it appropriate to terminate Your Member status (for whatever reason) You will no longer receive Newsletters.
Your use of the Site binds You to, and subjects You to the Terms and Conditions.
You are free to cancel Your subscription at any time.
You agree that upon the termination of Your Member status You will continue to be bound ad infinitum to the Terms as restrict and or limit Your use of, right to, and or distribution of Our Online Materials and You will immediately destroy all documents (in paper and or digital format) downloaded and or acquired from the Site, and You will immediately destroy all materials obtained from all linked, associated, related and or offspring websites.
In addition: by making Online Material(s) available to You on the Site, We do not in any way shape or form, promise that the Online Material(s) will remain available to You.
Your responsibilities and obligations to Us under this Agreement never expire regardless of termination of Your Member status and or termination of Your Site access.
By using the Site in any way shape or form You agree to be bound to Our Terms ad infinitum in respect of Online Material(s) and or information(s) which You may have accessed and or had access to, and or obtained from the Site (including any of Our linked, associated, related and or offspring websites).
We are entitled to terminate all or any part of Your access to the Site without notice to You.
Clause #20: Jurisdiction and Other Points to Consider
Where You Have a Complaint:
If You believe You have a Complaint, You agree that You will raise it in the manner described within these Terms and Conditions, and We will make a Determination within a reasonable period of time (typically 14 days).
If You believe You have a court claim (“Claim”):
If You use the Site from locations outside of the domain of man, You are responsible for compliance with any applicable local laws.
Where We would enforce a Claim in the World, if We chose to do so:
If We elect to make an example of You and pursue a judgment in the World, these Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of England and Wales.
If You have in any manner violated or threatened to violate our intellectual property rights and/or the intellectual property rights of affiliates You agree that We, or Our affiliates, may seek injunctive and or other appropriate relief in any appropriate jurisdiction and You consent to an exclusive jurisdiction and court venue of our choosing.
Use of Data / Data Protection Act 2018 / General Data Protection Regulations:
Clause #21:
For the purposes of Data Protection codes and or regulations, We do not Trade in the WORLD. We do not Trade in Europe and We do not Trade in the United Kingdom.
In joining this Site You agree and consent to a waiver of all and any rights You may have had under Data Protection codes and or regulations, and this is particularly relevant when the question of online exposure is raised following a breach or violation of the Terms.
Aside from exercising Our right to publicly expose You (in the event We Determine that You have breached or violated Our Terms) We will respect Data Protection and privacy codes and regulations.
In the event You raise a Complaint or claim with any worldly organisation You agree that Your Member status will be terminated.
Clause #22: General Overriding Ethos:
Our House, Our rules!
NOTICE to those that like to steal Online Materials:
This is from Lexis Nexis: