Terms of use

These Terms and Conditions apply to your use of our iPhone and iPad applications and website www.boxfiction.com (our “Site”) and the service we provide through them, to the purchase and use of any Digital Content made available by us and to the use of our software for providing any such services (together the “Service”). By using the Service, you indicate that you accept the Terms and Conditions and that you agree to comply with them. If you do not agree to these Terms and Conditions, you may not use the Site or the Service

About Us

The Site, the Service and the Digital Content are provided by Arkstone Publishing Limited (trading as Boxfiction) (“We” or “Boxfiction”). We are registered in England and Wales under company number 07277797 and have our registered office at 28 Cumberland Drive, Esher, Surrey, KT10 0BB, United Kingdom. Our main trading address is 27 Old Gloucester Street, London WC1N 3AX. Our VAT number is 102367843.

If you need assistance or have any queries, please contact us at our main trading address above, or by email team@boxfiction.com or by telephone +44 (0)7837 077387.

Definitions

“Application” means any software made available by us which allows users to view, purchase, access, download or use Digital Content on a Device;

“Boxclub” means the forum or other area on the Site where users may make contributions or comments;

“Box Shop” means the parts of the Site where you can purchase and manage Digital Content and your account and its settings;

“Device” means a computer, tablet, mobile phone or other device on which you are permitted to operate an Application;

"Digital Content" means digitised electronic content, including short stories, books and other electronic content.

"Episodic Content" means Digital Content made available to you on an episodic, series or subscription basis;

Who can use the Service

The Application, Digital Content and the Service are only available to consumers aged 18 or over.

Registration

You will need to register with us in order to purchase Digital Content from the Boxshop and to access any free Digital Content. We may from time to time provide limited Digital Content to unregistered users, such as limited free sample pages or previews. You may need to register to take advantage of any competitions, promotions, offers or any features we may offer from time to time on the Site or via the Service.

You must keep your username and password safe and confidential and you must not disclose it to anyone else. You must not allow anyone else to use your username and password.

Buying Digital Content from the Boxshop

When you place an order with us at the Boxshop, we will send you an email acknowledging receipt of your order and containing the details of your order. We will take payment from you at which point your order will be accepted and a contract formed between us. We will then permit you to download and/or access your Digital Content on your Device. All orders are subject to acceptance and availability.

  1. When placing an order you confirm to us that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card or PayPal account used to place your order and that there are sufficient funds to cover the cost of the Digital Content you have ordered.

    The price of the Digital Content will be as quoted on the Boxshop from time to time, except in cases of obvious error. All prices include VAT.

    If a pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, we do not have to provide the Digital Content at the incorrect (lower) price even if we have confirmed your order.

    Payment for all products must be by credit or debit card or through PayPal in pounds sterling.

    Acceptance of payment may be dependent on the card issuer who may require security information to be entered or validation checks to be carried out as part of their secure payment system. If payment is not accepted, you will be notified of this. Payment made via PayPal is subject to PayPal’s terms and procedures.

Cancellations and Refunds

The provision of Digital Content is a service for the purposes of the Consumer Protection (Distance Selling) Regulations 2000. You agree to the service being provided before the end of the statutory cancellation period and any statutory cancellation rights will end on provision of the Digital Content

If you have any difficulty accessing or using any Digital Content please contact us at team@boxfiction.com or +44 (0)7837 077387.

  1. Once downloaded or accessed, no refunds can be given on any Digital Content. This does not affect your statutory rights as a consumer

If you have purchased Episodic Content, you may terminate your subscription at any time, but you are not entitled to a refund for the cancelled Episodic Content. We may terminate a subscription, for example, if any Episodic Content is no longer available. If we terminate a subscription before the end of its term, we will refund you prorata for the cancelled Episodic Content. Refunds will be made to the payment card or account from which the subscription fee was originally paid. We may change subscription terms and fees from time to time, to take effect from the beginning of the next subscription term.

Licence

Upon your download of or you being given access to Digital Content and receipt by us of payment (where applicable), we hereby grant you a non-exclusive right to view, use and display such Digital Content an unlimited number of times on the Application or as otherwise permitted as part of the Service, on the number of Devices specified on the applicable product information page in the Box Shop. This licence is granted for your own personal, non-commercial use only.

Digital Content is licensed, not sold, to you by us. Additional terms of use may be included within any Digital Content and you are required to comply with such additional terms of use.

You must not infringe the rights of the Digital Content's copyright owners and must comply with all applicable laws in your use of the Digital Content

Unless we state otherwise, you may not sell, rent, share, lease, distribute, redistribute, display, make available, broadcast, sub-license or otherwise transfer any rights to the Digital Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Digital Content. In addition, you may not bypass, modify, defeat, or circumvent security features that protect the Digital Content nor modify, adapt, edit or reproduce the Digital Content

Except for the rights explicitly granted to you in these Terms and Conditions, all right, title and interest in the Service, the Application and the Digital Content are reserved and retained by us and our licensors. You do not acquire any ownership rights in the Application or Digital Content as a result of downloading or accessing it.

Use of the Application

You may use the Application only on a Device for the purposes of receiving the Service. You may not separate any individual component of the Application for use on another device or computer, or transfer it for use on another device or computer or use it, or any portion of it, over a network, and may not sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to the Application in whole or in part.

We may from time to time make available updates or upgrades to the Application. Upgrades and updates will not be automatic unless you expressly agree.

You may not:

  1. modify, reverse engineer, or disassemble the Application or any software incorporated within it whether in whole or in part;

  2. save as permitted by law, decompile the Application in whole or in part; or

  3. create any derivative works from or of the Application; or

  4. bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Application or any mechanisms operatively linked to the Application, for example, by augmenting or substituting any digital rights management functionality of the Application.

Site Availability

We will do our utmost to ensure that the Site and the Service is available and not interrupted. However due to the nature of the internet we cannot guarantee that the Site and Service will always be available or error-free. Please note that the Site and Service may be unavailable due to maintenance, technical issues or matters beyond our control.

We may withdraw, suspend or amend the Site or the Service without notice at any time or close the Site or withdraw the Service indefinitely. We may also restrict access to some or all of our Site or Service to users who have registered with us.

Information about you

Our Privacy Policy tells you how we hold and use your personal information. By using our Site or the Service you agree to us using and holding your personal information in accordance with our Privacy Policy.

Your conduct

You must at all times use the Site and Service in a responsible and legal manner. You must comply with the spirit of the following standards as well as the letter.

You must not use our Site of Service in any way that causes, or is likely to cause, our Site or Service or access or use of it to it to be interrupted, damaged or impaired in any way. In particular, you must not misuse our Site or Service by knowingly introducing viruses, trojans, worms other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or Service, the server on which our Site or Service is stored or any server, computer or database connected to our Site or Service. You must not attack our Site or Service via a denial-of-service attack or a distributed denial-of service attack.

You are responsible for all electronic communications and content sent from your Device to us.

You must not use our Site or Service for any business or commercial use or purpose, for any unlawful or illegal activity, to send, use or reuse illegal, offensive, discriminatory, abusive, indecent, defamatory, obscene or menacing material or any material which is in breach of copyright, trademark, duties of confidence, privacy or any other right; or is otherwise damaging to third parties.

Your contributions and material

If you make use of any features of the Service which allow you to upload material or interact with other users, such as the Boxclub, we will treat any material you upload or contributions you make as non-confidential and non-proprietary. We have the right to use, copy, distribute and disclose to third parties any such material or contributions for any purpose. You must comply with all policies and rules posted on the Site relating to the use of such features in addition to these Terms and Conditions.

We will not be responsible, or liable to any person, for the content or accuracy of any materials posted by you or any other user of our Site or Service.

Restrictions on the use of materials

We either own or license all intellectual property rights in our Site or Service and in the material published on it, including the Digital Content. Our Site, the Digital Content, any Application and any material published on or through the Service are protected by copyright and trademark laws and treaties around the world. All rights are reserved.

Unless we say otherwise, you may access the materials on our Site solely for your personal use. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the materials on our Site. You may not publish, display, or commercially exploit any material from us or other owners of intellectual property displayed on the Site unless you request and receive prior written permission from us or other owners of the intellectual property.

If we or any other owners of the intellectual property grant permission, you may not change or delete any author credit, trade mark legend or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained on this Site.

Trademarks

Boxfiction, Boxclub and MyBox Fiction are unregistered trademarks of Arkstone Publishing Limited which are protected by national and international laws. All rights are reserved. Unauthorised use or reproduction is prohibited. All other third party trademarks belong to their respective owners. All rights reserved. Unauthorised use or reproduction is prohibited.

Linking to our Site

You may link to the home page of our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We may withdraw linking permission without notice. The website from which you are linking must not contain any material which in not permitted on this Site.

Links from the Site or the Service

Where our Site or any part of the Service (including any Digital Content) contains links to other sites and resources provided by third parties, these links are provided for your information only. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site and we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Reliance on information posted

Commentary and other materials posted on our Site or via the Service are not intended to amount to advice on which reliance should be placed. We have no liability and responsibility arising from any reliance placed on such materials by any visitor to our Site or any user of our Service, or by anyone who may be informed of any of its contents.

Our Site and the Service changes regularly

We aim to update our Site and the Service regularly, and may change the content at any time. However, we do not have any duty to update or correct releases, presentations or other materials. While we have attempted in good faith to ensure that the information presented here is accurate, there may be technical and factual inaccuracies or errors and you should note that any of the material on our Site or available through the Service may be out of date at any given time.

Breach of these terms of use

If you fail to comply with or breach our Terms and Conditions (or we have reasonable grounds to believe that you have breached our Terms and Conditions) we may take all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our Site or the Service (including any Digital Content and/or Application). No refunds will be given;

  • immediate, temporary or permanent removal of any content or contributions you have made or uploaded to our Site or through any feature provided through the Service;

  • issue of a warning to you;

  • legal proceedings against you;

  • disclosure of such information to law enforcement authorities or third parties as we reasonably feel is necessary.

These actions are not limited, and we may take any other action we reasonably deem appropriate.

Our liability

The Site, the Service, any Digital Content and/or Application are provided for personal consumer non-commercial use only. We are not liable for: (a) losses that were not reasonably foreseeable to you and us at the time when you purchased the Digital Content or used the Site or Service (b) any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond our reasonable control; (c) any business losses, or other losses that arise from any non-consumer use of the Site, Service, Digital Content or Application, or your use of any of them in a way that is not permitted by these Terms and Conditions (d) any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your Device or any software or data on your Device due to your use of the Site or Service or to your downloading of any material from it (e) your use of third party websites linked from our Site or through the Service.

To the extent permitted by law, our Site, the Service and the material displayed on or available through our Site or the Service is provided without any guarantees, conditions or warranties as to its accuracy.

Nothing in this paragraph affects your statutory rights as a consumer or any liability for death, personal injury, or fraud or any other liability that cannot be excluded or limited as a matter of law.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site or Service, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.

Notices

All notices given by you to us must be given to us at our address or email address given at the beginning of these Terms and Conditions. We may give notice to you at either the email or postal address you provide to us when placing an order or registering with us or by posting changes on our Site. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Events outside our control

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control, including adverse weather, strikes or other industrial action, riot or civil commotion.

General

  1. Any failure by us to insist upon strict performance of any of your obligations under these terms and conditions or any contract with us, or any failure by us to exercise any of the rights or remedies to which we are entitled, is not a waiver by us of such rights or remedies and will not relieve you from compliance with such obligations. Any waiver must be agreed by us in writing.

We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any contract between us.

Changing these terms and conditions

  1. We may change these Terms and Conditions and any of our policies from time to time. You will be subject to the policies and Terms and Conditions in force at the time that you use the Site or the Service or order Digital Products from us.

Third Parties

The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from these terms and conditions.

Jurisdiction and applicable law

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The English courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms and Conditions.