Flight Paths

These terms and conditions (together with the creative commons licence referred to in them (“the License”) tells you the terms and conditions on which you can participate in and contribute to the networked novel ‘Flight Paths’ (“your Contribution”) which appears on the website www.flightpaths.net (“the Site”). Please read these terms and conditions and the Licence carefully before participating in or contributing to the Site and indicate your agreement to be bound by them by clicking on the “Register and Accept Terms & Conditions” button and completing all fields in the Site participants application form.

1. Information about the Writers

1.1 www.flightpaths.net is a website operated by Kate Pullinger and Chris Joseph (“the Writers”); contact them at info@flightpaths.net or write to ‘Flight Paths’, c/o Chris Joseph and Kate Pullinger, Faculty of Humanities, School of Media and Cultural Production, The Gateway, De Montfort University, Leicester, LE1 9BH.

2. Intellectual Property and Usage

2.1 All information, materials and content appearing on the Site (“the Content”) are displayed for personal, non-commercial use only, and may not be reproduced for commercial use without the Writers prior written consent.

2.2 “Flight Paths” is licensed to participants of the Site under the Licence, a copy of which appears on the Site. Hotlinking to any materials on the Site, including but not limited to, images and videos, from any other websites or electronic media is not permitted without the Writers prior written consent.

2.3 All Intellectual Property Rights (as defined at clause 4 below) in the Site including without limitation the Content and your Contribution (by way of the assignment set out at clause 5) is the absolute property of the Writers or their suppliers.

3. Links to Third Party Websites

The Site may include links to the websites of third parties which are not owned, maintained or controlled by the Writers. These links are included in the Site for your convenience only and do not constitute any endorsement by the Writers of the linked websites.

4. Information about You

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE 4.

“Intellectual Property Rights” in these terms and conditions means copyright and related rights, moral rights, trade marks and service marks, trade names and domain names, rights to goodwill or to sue for passing off or unfair competition, rights in designs, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

4.1 In registering to participate in the Site, you warrant that you are:-

4.1.1 the exclusive, unencumbered legal and beneficial owner of all Intellectual Property Rights in your Contribution; or

4.1.2 if not the exclusive, unencumbered legal and beneficial owner of all Intellectual Property Rights in your Contribution, have obtained all necessary licenses and/or approvals for the use of it; and

4.1.3 your Contribution does not infringe the Intellectual Property Rights of any third party;

and agree to indemnify and keep indemnified the Writers against any and all claims, actions, proceedings, damages, expenses, costs (including legal costs on a full indemnity basis) lost profits, damage to goodwill, special indirect and consequential loss and any other loss and/or liability resulting from any breach of this clause 4.1 or clause 7.2 or other term of these terms and conditions or the Licence.

5. Assignment and Waiver

5.1 You assign to the Writers the entire copyright whether vested, or contingent in your Contribution and all rights of action and all other rights of whatever nature in and to your Contribution whether existing now or in the future created, to which you are now or may at any time be entitled by virtue of or pursuant to any of the laws enforced in any part of the World, to hold the same to the Writers, their successors and assignees absolutely for the whole period of such rights for the time being capable of being assigned by you together with any and all renewals, revivals, reversions and extensions throughout the World, so that you undertake to promptly do any and all acts and execute any and all documents (at the Writers expense) in such manner and at such locations as may be reasonable required by the Writers or their agents, at their sole discretion, in order to protect, perfect or enforce any of the rights granted or confirmed by you pursuant to these terms and conditions.

5.2 You waive absolutely your moral rights arising under Chapter 4 of the Copyright Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights you may have in any part of the World.

6. The Writers Liability

6.1 The Writers have created the Site in good faith for the purposes of the advancement of literary skills and networked novel writing. “Flight Paths” is intended to be a work of fiction and therefore the Writers do not make any representations or warranties of any kind, whether express or implied, in relation to all or any of the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law.

6.2 To the extent permitted by Law, the Writers hereby disclaim all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site (including without limitation your Contribution should it include any material referred to in clauses 7.2.1 to 7.2.5 below or breach the terms of clause 4.1 above) and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of these.

6.3 Whilst the Writers will try to ensure that the Site is normally available 24 hours a day, the Writers will not be liable if for any reason the Site is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Writers control.

7. Usage of Site

7.1 The Writers reserve the right to change or discontinue any feature on the Site and shall be entitled, at any time and at their absolute discretion, to delete, edit, remove or suspend the whole or any part of the Site or your Contribution.

7.2 The Writers are strongly opposed to material displayed on the worldwide web which causes, or may cause distress, to others and therefore you are prohibited from posting or transmitting to or from the Site any material:-

7.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

7.2.2 for which you have not obtained all necessary licences and/or approvals;

7.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the World; or

7.2.4 which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

7.3 If you are under 16, please obtain your parent’s or guardian’s permission before you register on this Site.

8. Written Communications and User Information

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

8.2 The Site collects information on the pages which are accessed or visited by you, as well as information volunteered by you, such as survey information and/or site registrations. The Writers use this information for internal review in order to improve the Site and to notify you about updates to the Site.

9. Severability

If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

10. Writers Right to vary these Terms & Conditions

The Writers reserve the right to add to or change these terms and conditions and agree to ensure that a note of the date and clause number of any such amendments will be included as part of the terms and conditions. Any changes to these terms and conditions will be posted on the Site and it is your responsibility to ensure that you are aware of any such changes from time to time. Changes will become effective twenty-four (24) hours after first posting and you will be deemed to have accepted any change or changes if you continue to access the Site after that time.

11. Entire Agreement

These terms and conditions and the Licence supersedes and invalidates all other communications, representations and warranties relating to the subject matter hereof which may have been made by the Writers either orally or in writing prior to your registration on the Site, and which shall become null and void from the date you register on the Site. You and the Writers warrant and represent to each other that you have not relied on any commitment, representation or warranty in accepting these terms and conditions. Nothing in this clause 9 shall limit or exclude any liability for fraud.

12. Third Party Rights

A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999.

13. Law and Jurisdiction

These terms and conditions shall be governed and construed exclusively in accordance with the laws of England and Wales whose courts shall exclusively be the courts of competent jurisdiction.