HAMPRESS PRIVACY CODE
Hampress Pty Ltd (ABN 62 098 047 315) ('Hampress', ‘we’, ‘us’), owner of Hampress.com (‘the site’),
is a publisher of Shortbooks and audiobooks, as well as the operator of an online club (The Hampress Club) and a blog. We’re not interested in harvesting the vital statistics of strangers and selling them to third parties. We’d rather you keep your age, sex, religion and star sign to yourself. It’s your business.
Your financial details: When you purchase books, audio, videos or other services from Hampress, we require your PayPal and/or credit card details to complete the transaction. These financial details are protected by PayPal under surely the strictest privacy and security codes in existence. Your financial details are unknown to us, and we do not store any of your personal financial information in any form on the Hampress web site. See PayPal’s Terms and Conditions at www.paypal.com
Signing Up: Our Sign Up experience is a simple two-step process. We require no personal information other than your User Name, Email Address and an identifying Password. The lawyers call this stuff ‘non-personally identifying material’, meaning we cannot tell who you are, where you live, or what you ate for breakfast. However, you are eligible to give us your Name and Photo etc if you wish, under Your Profile. We urge all contributors to Hampress to do so – to let your readers, listeners and/or viewers know who you are.
Why we need your email address: We need your email address in order to contact you (with our Hampress Club details), monitor and develop our community, improve our sales and service, and understand you, our members: eg which products you enjoy; the frequency with which you buy and/or comment on them. We won’t necessarily know your real name (as much as we would like to): but we do need to identify your ‘Avatar’ to monitor our sales to you. But please rest assured: Hampress will not rent or sell your, or any other members’, personal information to anyone.
Contributors to Hampress: Regular contributors to Hampress will be able to choose how much information to give us about themselves; the more the better, simply in order to help sell their product. However, any members of the public may send us their book, film or audio ideas; these are treated in the strictest confidence, under the terms of the Hampress Non-Disclosure Agreement. If we do not reply to your suggestion it means it is unsuitable for Hampress.
Hampress Club Membership: Giving us your email address immediately enlists you as a valued member of The Hampress Club, which sends a weekly Club Newsletter of forthcoming products, services and events. In future, the Club intends to organise parties, orations, debates and Bacchic Dances. As part of this email service, we may send you promotional emails relating to Hampress, or third parties (none of whom would have access to our database, of course), which we feel are of great interest to you. If you do not wish to receive these emails in future, please opt out as shown on the email service.
Sharing your Hampress Membership Details with other members: We may, in future, share your email address or personal information with other members of the Hampress Club, but only with your express permission to do so. And that situation will only arise if, for example, a lover of one kind of book or video or service wishes to meet like-minded lovers (of that book or video or service). It’ll be a friendly introduction – a sharing of group email contacts among people with common passions.
Sharing personal information with staff: In order to run our web site we are obliged, at times, to share personal information with staff and contracted agents, who work for us in confidence and who have no control over any of your information. By visiting our site you accept this. The only other situations where we would share your personal information is where we believe we need to do so in order to: secure our contractual terms of sales; to detect, prevent or address fraud, security or technical issues; or otherwise protect our property or legal rights. Thankfully, these incidents rarely, if ever, occur.
Aggregation of Non-Personally Identifying Information: Sometimes we may aggregate and release ‘non-personally-identifying information’ (see 1. above) – eg the number of visitors/members, the products they bought - by publishing a report on trends in the usage of our website. But this would not include any email addresses. It would include usage statistics, unique visitor numbers, sales patterns etc. This aggregated, anonymous data is sometimes sent to external companies and agents to help us improve our web site and service. We currently use Google Analytics (traffic analysis, SEO optimization) and Mailchimp (mailing list management). If you’ve got this far, please check their privacy policies too.
Links with social media and other websites: Hampress is integrated with social media services like Twitter, Facebook and Google+. Your contribution to our page/feed on these services is up to you; we are not responsible for the privacy policies or practices of these social media services. Sometimes we post links to other websites, such as book publishers, television stations, filmmakers etc. These links do not imply any endorsement, authorization, control or representation of linked, external web sites, which may have different rules regarding the use or disclosure of personal information (see their privacy policies).
Feedback & Reviews: Hampress offers members and visitors the opportunity to contribute feedback or reviews of our products. We reserve the right to broadcast, edit, delete or decline them. Some of these contributions may carry the contributors’ identifying details (name, email address etc). It is up to the reviewer whether they identify themselves by name, or email address. We cannot be held responsible for any subsequent communication by third parties with reviewers who choose to identify themselves on the site.
Providing personal details in future: From time to time, as we develop our community and release new products and services, we may ask you to provide us with more personal information, such as your picture, blog or details from your personal website. But your decision to provide us with such information will always be voluntary; and access to our future services will not be conditional upon such provision.
Advertisements: Hampress publishes no advertising on its home and product pages. We reserve the right to do so in future, in relation to relevant products and services. But future advertisers – if we do decide to introduce them - would not be given access to our Membership
database for their own use.
Deleting Your Account: Should you wish to delete your account, please contact us at and we will enact your request as soon as possible.
Children: Our site is aimed at adults over the age of 18 or the qualifying majority age in the jurisdiction in which you live. If a person under this age wishes to purchase our products or services he or she must do so with the consent and co-operation of his or her parent or guardian. We do not knowingly collect personally identifiable information from children. If we discover that a user or member under the age of 18, or the majority age in their country, has given us personally identifying information, we will delete their details from our database.
But that’s enough about Privacy. Brace yourself for our Terms and Conditions:
HAMPRESS: TERMS AND CONDITIONS OF USE
These Terms of Service are effective as of 1 September 2012.
About Hampress Pty Ltd and Hampress.com:
HAMPRESS Pty Ltd (ABN 62 098 047 315) ('Hampress') is an online publishing company incorporated in New South Wales, Australia, and the owner and operator of the website Hampress.com and sites registered with the same name in other jurisdictions. Hampress owns the design, format, code and layout of the site.
Hampress is a web-based publisher of ebooks and broadcaster of audiobooks and videos, across all genres and themes. We are not a platform for self-publishers or vanity publishers. We rigorously scrutinise all our products before publication. Our shortbooks, audiobooks and films are carefully selected and edited.
Hampress is the copyright owner, or copyright licensee, of all content posted, published and/or broadcast on the site. Details of individual licensing arrangements with authors and broadcasters are agreed privately, through individual contracts, in the same way that any traditional publishing company negotiates contracts with its writers. Most of our contributors receive a royalty, the level of which varies according to the product and commercial negotiation. The price point may change according to demand for a shortbook, audiobook or video.
Content: Hampress mostly commissions its content from writers, filmmakers and artists whose work we admire. We also conduct interviews with exceptional individuals whose lives are a source of inspiration, edification or entertainment. However, we do consider for publication unsolicited submissions of books, audiobooks and videos. These are carefully examined and selected. But Hampress, at its sole discretion, reserves the right to refuse publication of any submission and to remove content where we see fit. We reserve the right to amend our policies from time to time at our sole discretion.
By accessing/using the website, you are signifying that you agree to be bound by these terms.
Modifications to the information: Hampress does not warrant or guarantee the accuracy, adequacy or completeness of material on this website. However we make every effort to ensure the same. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Hampress.
Errors and problems: Hampress does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted. However we always strive to ensure 24-hour access without the risk of any impediments.
License and Ownership: The copyright for the content on this website is owned or licensed by Hampress and is protected under the Copyright Act 1968 and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Hampress.
All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Hampress.
Contributions: On our acceptance of any content submitted by a creator to Hampress, the creator grants us a world-wide, exclusive license to edit, reproduce, publish and sell the content. He or she will receive an individual contract and royalty, and understands that a portion revenues from the sale of his or her work may go to an external platform in the form of commission (eg Amazon) or selected charities.
The content you submit, post, display or broadcast will be viewable by other users of the site and through third party mobile services and websites. You should only submit content which you are willing to have promoted, sold and distributed to others under these Terms. You should also be aware that whatever you contribute to Hampress may be purchased and/or viewed anywhere in the world - the moment it is uploaded.
Feedback, suggestions, comments or requests: Hampress encourages you to offer feedback or reviews of our products. If you do offer feedback, you acknowledge that: it will not be considered confidential or proprietary; Hampress is under no obligation to keep such information confidential; and Hampress will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate,
reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
Outbound links: The website may contain links to third-party websites and resources (‘linked sites’). These linked sites are provided solely as a convenience to you and not as an endorsement by Hampress. Hampress makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. Hampress may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website via Hampress.
Inbound links: Hampress generally encourages and agrees to your linking to our Home page through a plain text link on your website; we would ask external web sites to inform us by email of their intention to link to our Home Page. However, linking to any other page of the website is strictly prohibited, without express written permission from Hampress.
Jurisdiction: The law applicable to Hampress, and to any dispute associated with it, is the law of the State of New South Wales, Australia. To the fullest extent permitted by law, the law applicable to international visitors to the site is the law of the State of New South Wales, Australia.
Disclaimer of Warranties: Hampress makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. However, Hampress makes every possible effort to ensure the accuracy and quality of the information published or broadcast on the site.
Limitation of Liability: If Hampress is found responsible for any damages, Hampress is responsible for actual damages only. In no event shall Hampress be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
To the maximum extent permitted by applicable law, Hampress and its affiliates, employees, agents, licensors and partners will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, opportunity, data, use, good-will, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; and (iii) unauthorized access, use or alteration of your transmissions or content.
General Conditions of Sale of Goods on Hampress: The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Hampress with respect to the subject matter hereof.
a. The goods delivered under this Agreement shall be of normal professional quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to any person legally prohibited from entering into a binding contract. By placing your order you are verifying to the Hampress that you are able to make a legally binding contract.
c. By clicking ‘Buy’ you notify us of your offer to purchase a particular product for the price specified on Hampress.com at the time of offer, and shall be understood to be placed under these Conditions of Sale.
d. These Conditions of Sale may change from time to time and we recommend that you revisit these before placing your order to ensure that these Conditions have not changed.
e. Hampress reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with Hampress only comes into existence when Hampress sends an email notification confirming receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
f. This contract shall be governed by and construed in accordance with the law in effect in the State of New South Wales, Australia, and by entering into contract both parties are accepting the jurisdiction of the courts of the State of New South Wales in relation to any dispute between them.
g. Hampress shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Hampress shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal or political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory
authority, energy failure, external telecommunications failure, and/or failure of transport systems.
h. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Hampress in respect of any such use. Hampress is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by Hampress for the consequences of the use of damaged goods by you.
i. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Hampress implied by the Goods Act, 1958.
Copyright Takedown Policy: If you believe that any material on Hampress infringes your copyright, you should notify Hampress of your copyright infringement claim and we will take appropriate action in line with our Copyright Take Down Policy, as follows:
a. Please email or write to us with details of your infringement claim, including your names, address and telephone number.
b. Please include a full description of the disputed material.
c. Please include a statement by you – witnessed by a Justice of the Peace or Legal authority - informing us that you are the copyright or intellectual property owner of the material (or authorised to act as such on behalf copyright or intellectual property owner).
d. We will consider your claim and act accordingly. If we agree that the content does infringe your copyright we will take it down from Hampress.com and other platforms immediately. Accepting these Terms constitutes acceptance of our Take Down Policy.
Rights to Content Posted on the Site: Hampress is the owner or licensee of all intellectual property rights, including but not limited to all copyright, patents, and trademarks, associated with Hampress.com, The Hampress Club and other services, with all rights reserved.
Indemnification: You agree to indemnify and hold harmless Hampress, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Hampress website, including but not limited to your violation of this Agreement.
PIRACY, FILE-SHARING AND COPYING
Hampress strives to ensure that its products are available for sale on all major publishing platforms and mobile publishing and reading devices. To this end, we authorise all users of the site to:
a. Download and save – after purchasing – your Hampress shortbook, audiobook, or video (the ‘electronic goods’) onto any device that supports the format of your content for your personal, non-commercial use; and
b. Transfer your electronic products from device to device for your own use.
By law you must not:
a. Copy, on-sell, pirate, broadcast, forward, email, or otherwise redistribute your electronic goods purchased from Hampress;
b. Store any copies of the electronic good purchased from Hampress on publicly accessible servers, including FTP or HTTP servers (‘web servers’);
c. Sell your electronic goods purchased from Hampress and/or transfer the Rights associated with these goods.
We understand that users of Hampress may, from time-to-time, share their Hampress products with close family members and close friends. Yet, like all online publishers, we take copyright
issues very seriously. Our authors and broadcasters have spent many hours producing the words or film, reading a script, or gaining the knowledge, to appear on our site; their royalty goes directly to them.
By ‘sharing’ a book that someone else has written, by pirating a recital or video that someone else has broadcast, you are stealing the livelihood and violating the legal rights of the creator of that work.
And since a portion of Hampress revenues go to charities, every time you copy or ‘share’ one of our products, you deny a donation to one of our selected charities.