Johnnybio is a private retreat where anyone can write his, her, or another’s life story. It is the autobiography and memoir site for all humankind and respects creative endeavour. Whilst you use the site we ask you show others the same respect. Your work must be of your own creation and you must not plagiarise, reproduce without permission or violate another’s right to privacy. Your use of this website automatically denotes your acceptance of its terms. If you do not accept these terms, please do not use the site. These terms are not intended to answer every question or address every issue raised by the use of the Johnnybio service, and we reserve the right to change these terms at any time. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the website.
These terms are binding on any use of the service and apply to you from the time that Johnnybio provides you with access to the service.
These terms were last updated on 11th September 2018.
“Subscription Fee” means the annual subscription fee (excluding any taxes and duties) payable by you in accordance with terms in force at the time you were granted access to any subscription-based service.
“Renewal fee” means the annual renewal fee payable for subscription-based services.
“Confidential information” includes all information exchanged between the parties to this agreement, whether in writing, electronically or orally including the service, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
“Data” or “Content” means any data or information input by you or with your authority into the website.
“Intellectual property right” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“Service” means the online biography services made available (as may be changed or updated from time to time by Johnnybio) via the website.
“Website” and “site” means the Internet site at the domain www.johnnybio.com or any other site operated by Johnnybio.
“Johnnybio” means Johnnybio and all current and future global subsidiaries of Johnnybio.
“User” means the person who registers to use the service including any nominee registered by the user as final recipient(s) of any biography chapter(s) at the time the subscription expires and has not been renewed by the user. The nominee will have no access to the user’s data whilst it remains within the Johnnybio website.
“You” and “your” refers to the individual or entity that executed this agreement (“Agreement”) and purchased a Johnnybio.com service(s) from Johnnybio.
Johnnybio grants you the right to access and use the service via the website with access to the chapters available to you according to the payment(s) you have made. This right is non-exclusive, non-transferable, and limited by and subject to this agreement.
Johnnybio.com may experience an interruption of service from time to time for maintenance, technical or other issues, which may make the site unavailable. Johnnybio.com makes no commitment, warranty or guarantee that the site will operate in a timely, uninterrupted or error-free manner. We may also modify the site without notice.
Johnnybio will endeavour to make necessary system updates on the last Sunday of each month which may mean a temporary interruption in availability between 6 pm and 6:30 pm GMT on that day.
Johnnybio gives no warranty about the services. Without limiting the foregoing, Johnnybio does not warrant that the services will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
You must ensure that all usernames and passwords required to access the service are kept secure and confidential. You must immediately notify Johnnybio of any unauthorised use of your passwords or any other breach of security and you must take all other actions that Johnnybio reasonably deems necessary to maintain or enhance the security of Johnnybio’s systems and networks and your access to the services.
Use of this site means you agree that you will not:
You indemnify Johnnybio against all claims, costs, damage and loss arising from your breach of any of these terms or any obligation you may have to Johnnybio, including (but not limited to) any costs relating to the recovery of any access fees that are due but have not been paid by you.
The publishing and distribution of your book in both print and electronic formats is at your discretion and risk. It is your responsibility to handle any complaints, defend defamation charges and/or damages arising from complaints about the data (contents) of your book.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
To the maximum extent permitted by law, Johnnybio excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information or data) or damage resulting, directly or indirectly, from any use of, or reliance on, the service or website.
We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession as we believe you are not buying our services wholly or mainly for your business, trade, craft or profession.
If you suffer loss or damage as a result of Johnnybio’s negligence or failure to comply with these terms, any claim by you against Johnnybio arising from Johnnybio’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the access fees paid by you in the previous 12 months.
If you are not satisfied with the service, your sole and exclusive remedy is to terminate the service in accordance with Clause 10, or the ghostwriting service in accordance with Clause 16.
Unless the relevant party has the prior written consent of the other or unless required to do so by law, each party will preserve the confidentiality of all confidential information of the other obtained in connection with these terms. Neither party will, without the prior written consent of the other, disclose or make any confidential information available to any person, or use the same for its own benefit, other than as contemplated by these terms.
Each party’s obligations under this clause will survive termination of these terms. This shall not apply to any information which:
is or becomes public knowledge other than by a breach of this clause;
is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
is independently developed without access to the confidential information.
You have undertaken to have accepted this agreement when you accept these terms.
Johnnybio does not collect or store personal financial information. We use electronic and procedural safeguards to protect the security and confidentiality of the biographies we process and to prevent unauthorised access to or disclosure of your information.
Title to, and all intellectual property rights in the services, the website and any documentation relating to the services remain the property of Johnnybio.
Title to and all intellectual property rights in the data you input into the system remain your property. The ghost-written data (content) of your book for Johnnybio’s ghostwriter service is the shared copyright of both you and Johnnybio.
However, your access to the data is contingent on full payment of the Johnnybio access fee when due. You grant Johnnybio a licence to use, copy, transmit, store, and back-up your information and data for the purposes of enabling you to access and use the services and for any other purpose related to the provision of services to you.
You must maintain copies of all data inputted into the service. Johnnybio adheres to its best practice policies and procedures to prevent data loss, including a system data backup regime but does not make any guarantees that there will be no loss of data. Johnnybio expressly excludes liability for any loss of data no matter how caused.
You warrant that where you have registered to use the service on behalf of another person, you have the authority to agree to these terms on behalf of that person and agree that by registering to use the service you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these terms, without limiting your own personal obligations under these terms.
You acknowledge that you are authorised to use the services and the website and to access the information and data that you input into the website, including any information or data input into the website by any person you have authorised to use the service. You are also authorised to access the processed information and data that is made available to you through your use of the website and the services (whether that information and data is your own or that of anyone else).
Johnnybio has no responsibility to any person other than you and nothing in this agreement confers or purports to confer, a benefit on any person other than you. If you use the services or access the website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
You are responsible for ensuring that you have the right to do so;
You are responsible for authorising any person who is given access to information or data, and you agree that Johnnybio has no obligation to provide any person access to such information or data without your authorisation and may refer any requests for information to you to address; and you will indemnify Johnnybio against any claims or loss relating to:
Johnnybio’s refusal to provide any person access to your information or data in accordance with these terms;
Johnnybio making available information or data to any person with your authorisation;
The provision of, access to, and use of, the services is on an “as is ” basis and at your own risk.
It is your sole responsibility to determine that the services meet your needs and are suitable for the purposes for which they are used.
Once payment has been received you will receive an email ‘Thanks for purchasing Johnnybio’s ghostwriter package.’ Until a schedule has been agreed no contract will been deemed in force. Johnnybio reserves the right to reject the order and refund the payment less the PayPal administration fees applying to that order. If Johnnybio does not hear from you within 7 days of receiving payment we will reject the order.
The agreed ghostwriter/editing package schedule is the contract formed between you and Johnnybio. Any changes to the schedule must be agreed and a new schedule issued, which depending upon the nature of those changes may incur additional charges.
We have a duty to supply the services and goods in accordance with the schedule/contract which includes:
The printed book(s) will be in line with the digital version approved by you.
The printed book(s)will conform to the specification and quality described on the website.
Prices are listed on the website. Prices include VAT if applicable. Payment is single payment via PayPal. No work will begin until payment is received. You do not own the book(s) until Johnnybio has received payment in full.
You agree to supply Johnnybio with both physical and email addresses for delivery of your books. Johnnybio will deliver both electronic and physical books to the addresses specified by you in accordance with the agreed schedule or failing any agreement, without undue delay.
If you or your contributors do not meet the deadlines agreed in the schedule, delivery is likely to be delayed.
If Johnnybio cannot contact you for a period of 90 days the project will be deemed closed with no refund. You may supply us with the email addresses of any nominees you wish to receive work to date.
If you or your nominee fail, through no fault of ours, to take delivery of the books at the address specified we may charge the expense of storing and redelivering them.
On delivery, the books will become your responsibility. You must examine the books before accepting them.
You may withdraw your order via email with the subject heading: Order Cancellation to *protected email* before the writer or editor has begun work. Johnnybio will refund your payment within 14 days via PayPal and less the PayPal administration fee. If a schedule been submitted to you we will refund the full amount less the PayPal administration fee and our own administration fee of £150 or your local currency equivalent.
We will stop working on an order as soon as possible after receiving an order cancellation.
If you cancel after the project has commenced we will charge you a pro-rata 25%, 50%, or 75% of the total fee in line with the schedule.
You cannot cancel an order after approving the print-ready electronic document.
Either party may transfer the benefit and obligations of the schedule to a third party.
Either party should advise the other of any failure because of something beyond reasonable control as soon as possible via email. Neither party will be liable for any failure which it could not reasonably avoid, but this will not affect the customer’s rights relating to delivery or cancellation.
Johnnybio.com collects and stores personal information when you use any of our biography products or services. Personal information is any information about you that is personally identifiable, such as your name, address, email address or phone number, and any other information that is not otherwise publicly available. If you add nominee information to your account, that information is personal information.
We or our third-party service providers may also collect information relating to your devices, including your device model, operating, browser type, unique device identifier, IP address, mobile phone number, mobile network carrier, location, and event information (such as application installations).
If you pay for services we will need your email address, name and address. A secure third party will handle your credit card details.
Johnnybio.com may use third-party service providers to serve ads on our behalf across the Internet and sometimes on our sites and apps. They may collect anonymous information about your visits to our sites and apps and your interaction with our products and services. They may also use information about your visits to our sites and apps and other sites and mobile applications to target ads for products and services. For instance, they may collect web log data from you (such as IP address and information about your browser or operating system) or place or recognize a unique cookie on your browser to enable you to receive customized ads. Through this process, demographic or other interest data may be associated with your browser or device in a non-personally identifiable manner. No personally identifiable information is collected in this process. They do not know the name, address, email address, phone number or any personally identifiable information about the user.
We use your information for the following general purposes: to fulfil your requests for biography writing and services, to administer your account, to improve our service, to customize the advertising and content you see, to contact you, and for internal business purposes. We use the third-party information you provide to us solely to provide services you specifically request.
If you use one of our referral programs to refer Johnnbio.com to your friends and family, we will use their email addresses to send your invitation.
If you enter nominees to receive your biography we will use the nominee email address you provide to deliver details of how to access your biography.
No third parties will be authorised to view your biography unless you authorise it.
Your biography is private and will not be viewed by Johnnybio.com staff unless you retain us to ghostwrite, edit and/or publish your biography on your behalf.
If you have checked the news opt-in box on your profile page you may occasionally be invited to take part in surveys and promotions. The information we collect from these surveys and promotions may be matched with individual customer accounts and used to improve your overall customer experience.
We may be required to share your personal information in the following circumstances:
If we respond to subpoenas, court orders or legal process, or if we need to establish or exercise our legal rights or defend against legal claims;
If we believe it is necessary to restrict or inhibit any user from using any of our sites and apps, including, without limitation, by means of hacking or defacing any portion thereof.
Our sites and apps are not intended for children, and we will not knowingly collect personally identifiable information from children. If we become aware that a subscriber is under the age of 13, we will remove their personally identifiable information from our files, in this instance, no subscription fees will be reimbursed.
You have the right and ability to edit your member account information on our sites and apps at any time. You must express your agreement and check the opt-in news box on your profile page to receive communications from us about special offers and new product information. We do reserve the right to send you certain communications relating to the services we provide, such as service announcements and administrative messages. We do not offer you the opportunity to opt-out of receiving those communications.
When you pay to subscribe to a Johnnybio service your subscription or access to the service will begin on the date you entered your payment details into the payment system. If you choose not to continue using the service you may delete your account in the ‘About Me’ section of Johnnybio. You should download your work before you delete your account because once deleted your account and all your personal and biographical data will be entirely and permanently erased from the site. Johnnybio will not provide any refund for the remaining period of the subscription or service.
These terms will continue for the period covered by the fee paid for each of the Johnnybio products or services purchased. At the end of each subscription period, these terms will automatically continue for a period of twelve months, provided you have paid the prescribed renewal fee when due.
You will be sent a subscription renewal reminder four weeks in advance of the expiry date. You must renew your subscription if you wish to continue to access your work after the expiry date. If you do not renew your subscription, one week after expiry Johnnybio will email any nominees you have provided email addresses for with details of how to print and/or save your biography. Your nominees have a period of two weeks in which to complete this action.
It is your responsibility to keep your nominee’s details up to date, including email addresses, and to download copies of your work on a regular basis.
Termination is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination, you will remain liable for any accrued charges and amounts that become due for payment before or after termination.
If either party waives any breach of these terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
You may not assign or transfer any rights to any other person without Johnnybio’s prior written consent.
This agreement is governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this agreement.
If any part or provision of these terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this agreement will be binding on the parties.
Any notice given under these terms by either party to the other must be in writing by email and will be deemed given on transmission. Notices to Johnnybio must be sent to *protected email* or to any other email address notified to you. Notices to you will be sent to the email address that you provided when setting up your access to the service.
A person who is not a party to these terms has no right to benefit under or to enforce these terms.