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Terms of Service

By using this website (www.eastoftheweb.com, www.short-stories.co.uk) ('Website'), you agree to the following terms of service ('Terms') between you and Hyperfiction (details set out at the end of these Terms).

These Terms may be updated by us from time to time without notice to you, so we recommend you check them regularly.  You should also read our Privacy Policy.

Description of Services
This Website provides access to a range of online content such as short stories and games and allows users to submit material which may be published or distributed electronically ('Services').

Your registration obligations
You must register with Hyperfiction in order to create a user account and access certain parts of the Services.  You agree to provide true information when registering at the Website and agree to keep the information updated in a timely manner. If you provide inaccurate, untrue or offensive registration information we have the right to suspend or terminate your account.  Note that you are not required and we recommend you do not use your real name as a user name when creating a user account.  Children under the age of 13 may not create user accounts and children over 13 but under 18 should seek the permission of their parent or guardian to create an account, who must agree to these Terms on their behalf.

Children
Children under the age of 13 may not create user accounts.   Certain areas of the Website are not intended for and may not be suitable for viewing by children under 13.  However, access to most areas of our Website is not restricted and if individuals under 13 years of age wish to view any areas of our Website (e.g. children's stories), they should seek the permission of their parent or guardian, who must agree to these Terms on their behalf.  Children over 13 but under 18 should not use the Website without consent of their parent or legal guardian.    

Member account, password and security
You are responsible for maintaining the secrecy of the password and for all activities that occur under your account.  We are not responsible for any loss or damage resulting from failure to comply with this section.

Member conduct
You agree that all comments, text and other electronic data, materials or content (“User Content”) that are transmitted to or via the Website are the sole responsibility of the person who submitted the User Content to Hyperfiction and/or the Website.  This means that you, and not Hyperfiction, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise send us via the Services.  Hyperfiction does not control the User Content posted and is not responsible for its accuracy or quality.  You may be exposed to content that is objectionable.  Hyperfiction is not liable for any loss or damage of any kind resulting from use of User Content made available by the Services.  You should choose the information you post carefully.

You agree not to:

  • Upload onto the Website or otherwise send us content that is libelous, defamatory, obscene, indecent or otherwise objectionable or which is otherwise unlawful in any part of the world.
  • Upload onto the Website or otherwise send us content that you do not have the right to make available under any applicable national law or contractual agreement or that infringes any patent, copyright, intellectual property or proprietary rights of any third party in any country of the world.
  • Upload onto the Website or otherwise send us any software viruses or computer code intended to cause harm to computer hardware or software.
  • Collect, store or otherwise use any personal data from users of the Website, in breach of the Data Protection Act 1998 or any other applicable national, local or international law relating to data protection or privacy.
  • Disguise the origin of User Materials uploaded or sent to us including through the use of forged headers or otherwise manipulated electronic information.
  • Upload onto the Website or otherwise send us personal information about another person without that person’s explicit permission or confidential information or information that is false or misleading.
  • Upload onto the Website or otherwise send us unauthorized advertising or any material that is directly or indirectly commercial in nature including “chain letters”, “pyramid schemes“, “junk mail” and “spam”

You may not to use the Services in order to, or in connection with any activity which may:

  • Harm minors or any other person in any way.
  • Stalk or otherwise harass any other person.
  • Impersonate any other person or misrepresent your affiliation with another person or entity. 
  • Break any applicable national, local or international law either intentionally or unintentionally.
  • Interfere with or disrupt the Services.

You acknowledge that Hyperfiction may or may not pre-screen User Content.  Hyperfiction and its designees have the right, but not the obligation, to remove or pre-screen any User Content at their absolute discretion and that Hyperfiction has no liability or responsibility for storage or deletion of any User Content.  You agree that you bear all risks associated with the use of any of the User Content.

International nature of communications
The internet is an international entity and you acknowledge that User Content may be transmitted outside of your local area, county, state or country, even where they appear to be internal in nature.  You agree to abide by all local laws regarding transmission of electronic data outside of your local area, county, state or country.

Indemnity
You agree to indemnify Hyperfiction (and its employees) against any and all liability, costs, damages and losses (including legal fees incurred and any compensation paid by Hyperfiction) incurred by Hyperfiction as a result of your use of the Services, your connection with the Services or any actual or alleged breach by you of any of these Terms or violation of the rights of any other person.

Termination and modifications of services
You agree that Hyperfiction may, without prior notice, immediately terminate your account and/or access to the Services or modify the Services. You agree that Hyperfiction shall not be liable to you or to any third party for any modification or termination of the Services.

Content submitted or made available for inclusion
When submitting User Content, copyright on the User Content remains with the author of the User Content,  however, by submitting User Content to the Website you grant Hyperfiction the following non-exclusive, worldwide licenses, as applicable:

  • In the case of short stories submitted as User Content, the right to:
    • Publish the User Content on any online media including the internet or other electronic form.
    • Distribute the User Content by means of email or other electronic form.
    • Modify, edit, translate and/or adapt the User Content for the purposes of publication or distribution as above.
    • Download, print in hard copy, store in electronic or hard copy and/or copy the User Content for the purposes of or in relation to any of the above rights. 
    You may terminate this licence with one (1) month's notice to Hyperfiction. Notice should be delivered by email or post. In the case of email, this notice will be deemed to have been received on receipt of an electronic confirmation of delivery to you by Hyperfiction. In the case of post, this notice will be deemed to have been received ten (10) business days after posting.   On termination of the license, Hyperfiction will remove the short story from the Website, but may retain copies for the purposes of internal record-keeping.
  • In the case of all other User Content submitted, the perpetual, irrevocable right to publish, use, distribute, reproduce, modify, edit, adapt, translate and publicly display such User Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
  • In the case of all User Content, the right for Hyperfiction to grant sub-licenses to third parties in accordance with the paragraph headed Limited non-commercial license to use the content of the Website.

Hyperfiction may sub-license the rights granted above to any third party involved in the operation of Hyperfiction's business and/or assign the rights granted above to any assignee of Hyperfiction's business, without notice to you.

You acknowledge that Hyperfiction has no control over copies or use by third parties of User Content (eg any copying or use on other websites or personal or public computers) and is not liable for any loss or damage of any kind (including, without limitation, any intellectual property infringement), resulting from use of User Content made available by the Services.  In particular, Hyperfiction shall not be liable to you for use by any third party of any such User Content outside the scope of the license granted under the paragraph headed Limited non-commerical license to use the content of the Website.

You acknowledge that the User Content will be subject to criticism both by Hyperfiction and by users of the Services and Hyperfiction reserves the right to publish any criticism of the User Content at its discretion and cannot guarantee that such criticism will be constructive. If you are likely to take offence at certain criticism you should not submit the User Content to Hyperfiction.
             
Contributions
When submitting suggestions or ideas to Hyperfiction (“Suggestions”) via our contact form page you agree that they become the property of Hyperfiction to use in any way whatsoever without obligation to you and you are not entitled to any compensation of any kind under any circumstances.  You agree that Hyperfiction may have similar ideas already under development.

Limited non-commerical license to use the content of the Website
You are granted a personal, limited, non-commercial, non-transferable right to access, view and use the content of the Website for the purpose of reading or playing such content as short stories or games, and for posting content (in accordance with the Terms below).  This limited right it for personal, non-commercial use or use by accredited, not-for-profit educational establishments for the purpose of teaching.  In addition, you may print a single copy of the content for the same purposes only. In the case of accredited, not-for-profit educational establishments only, you may print one copy of the content per attending student for the same purposes only.  You may not use the Website content for any other purpose, nor copy, adapt, distribute, communicate or publish any such content on any other Website or on any other medium, nor decompile or reverse engineer any game.  You may not alter or modify any content on the Website or "frame" or otherwise impose editorial comment, commercial material or any other content on, or in proximity to, content displayed on the Website, or deep link to any content on the Website in such a way as to remove advertising or other commercial material or circumvent any registration or payment requirements associated with that content.

No resale of Services
You agree not to reproduce, copy, sell, trade or exploit for any commercial purposes any portion of the Services.

Intellectual property
All contributors reserve the right to be identified as the authors of all works credited to them on the Website. Content on the Website and all intellectual property rights (including, without limitation, domain names, trade marks, copyright in the stories, copyright in the Website design and copyright in the images and graphics) associated with such content belong to and shall remain the property of Hyperfiction and its licensors. You may use such content and intellectual property in accordance with these Terms, only to the extent necessary to receive the Services.

Claims of copyright or intellectual property infringement
If you believe that your copyright has been infringed, or your intellectual property rights have been otherwise violated, you should contact Hyperfiction at our business address below or via our contact page stating: where the infringement is found on the Website; your name, address, telephone number and email address; evidence that you are the owner of the copyright, or authorized to act on their behalf and that the rest of the information you provide is true.

DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF AND ACCESS TO THE WEBSITE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE IS ENTIRELY AT YOUR OWN RISK; THE WEBSITE'S SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. HYPERFICTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT:

  • THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
  • THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
  • ANY RESULTS THAT YOU OBTAIN FROM USING THE SERVICES WILL BE ACCURATE.
  • ANY ERRORS WILL BE CORRECTED.

YOU UNDERSTAND THAT BY USING THE SERVICES, YOU MAY ENCOUNTER CONTENT THAT MAY BE DEEMED OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. YOU AGREE TO USE THE SERVICES AT YOUR SOLE RISK AND THAT HYPERFICTION SHALL HAVE NO LIABILITY TO YOU FOR CONTENT THAT MAY BE FOUND TO BE OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE.

FOR THE AVOIDANCE OF DOUBT THIS WHOLE DISCLAIMER APPLIES TO ANY COMMENT, MESSAGE OR PRIVATE MESSAGE FORWARDING SERVICES PROVIDED BY HYPERFICTION.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER HYPERFICTION, NOR ANY OF ITS OWNERS OR EMPLOYEES WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY DAMAGES EITHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY (INCLUDING, BUT NOT LIMITED TO, THOSE FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLE LOSSES OR FAILURE TO MEET ANY DUTY) RESULTING FROM OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR ANY OTHER MATTER RELATING TO THE SERVICE EVEN IF HYPERFICTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT OR LIABILITY.  NOTHING IN THESE TERMS SHALL OPERATE TO EXCLUDE OR RESTRICT HYPERFICTION’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Fiction disclaimer
With the exception of work labeled non-fiction, the characters featured in the stories on the Website are completely fictional. Any resemblance to any person living or dead is purely coincidental. No similarity to any person either living or dead is intended or should be inferred.

Links
The Website may provide links to external websites or resources to which the above disclaimers also apply. You acknowledge that we have no control over and shall have no liability to you for the content or reliability of such websites or resources.

Assignment
These Terms shall apply between you and any successor in title or assignee to all or any part of Hyperfiction’s business.  You agree that Hyperfiction may assign all or part of Hyperfiction’s business to any third party.

Governing law and jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Entire agreement
These Terms, as amended, constitute the entire understanding between you and Hyperfiction with respect to the subject matter of these Terms and supersedes all prior agreements, negotiations and discussions between you and Hyperfiction relating to it.

Severability
If any part or parts of these Terms are held to be legally invalid or unenforceable, the remaining provisions of the Terms shall continue to apply with the offending part or parts removed.

Changes to these terms
Hyperfiction reserves the right to change these Terms and by accessing or using the Services after such changes have been made, users agree to abide by such changes.

Our business details & address
Hyperfiction, Alex Patterson,
Hurst Lane,
Sedlescombe,
Battle,
East Sussex
TN33 0PE, United Kingdom.

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