Terms & Conditions

Scriptopus is an online writing game, which allows users to write short sections of literary text towards a collaborative overall story or longer text. This page sets out certain matters that govern your use of and contributions to Scriptopus. By using the Scriptopus website (the "Site"), you accept all terms and conditions contained herein and accept these to be legally binding. These terms may be amended at any time without prior notice and will be binding immediately.

The terms "you" and "your" refer to you, the writer and/or user. The terms "Scriptopus", "we", "us", and "our" refer to Scriptopus Ltd, registered in the UK under company number 07176273.

1. Terms of Use
2. Definitions
3. Privacy
4. Copyright

1. Terms of Use

   These Terms of Use apply to all users accessing the Site, are legally binding on you and affect your rights regarding Contributions or other content you post or access.

   You warrant that all Contributions or data provided to Scriptopus by you will not infringe any applicable laws, regulations, or third party copyrights or other rights, and that it is not obscene, indecent, seditious, defamatory, or liable to incite hatred (collectively, "Inappropriate Content"). You shall not provide Inappropriate Content to Scriptopus nor post Inappropriate Content to the Website. You shall indemnify Scriptopus against all claims, actions, damages, losses, and liability related to Inappropriate Content posted by you on the Website.

   Scriptopus shall not be liable to you for any loss of profits, business, contracts, anticipated savings, goodwill or revenue, any wasted expenditure, or any loss or corruption of data, regardless of whether direct, indirect, or consequential, or any indirect or consequential loss or damage whatsoever should Scriptopus be in breach of any of its obligations to you.

2. Definitions

   1. "Collection" means a collection of individual Contributions and such other works or material as Scriptopus may decide which together are assembled into a collective whole. (For avoidance of doubt, a collaborative story produced via the Scriptopus site will fall within this definition of a Collection).
   2. "Contributor" means, in the case of a Contribution, the individual, individuals, entity or entities who created the Contribution.
   3. "Contribution" means a literary and/or artistic work contributed by a Contributor to a Collection using the Site.
   4. "Reproduce" means to make copies of the Contribution or any part thereof (whether or not included in a Collection) by any means including without limitation by print or electronic publishing or by sound or visual recordings.

   Any words or phrases used in these Terms shall bear the meanings given to them under the laws of England and Wales including but not limited to the Copyright, Designs and Patents Act 1988.

3. Privacy

   In order to participate in writing on Scriptopus, you must register with personal information and any details you provide must be truthful and accurate. You are responsible for maintaining the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you. You agree to immediately notify us of any unauthorised use or your registration, user account or password.

   Please take note that your user name or e-mail address that you submit to the Site for registration purposes will be used as credit as author of your Contributions. Please take care when using personal or private information in either field. Like many web sites, we may also automatically receive general information that is contained in our server log files such as your IP address and cookie information.

   We may use data to customise and improve your user experience on this site. We will make efforts so that your data will not be provided to third parties unless:

   1. provided for otherwise in this Privacy policy;
   2. we obtain your consent, such as when you choose to opt-in or opt-out to the sharing of data;
   3. a service provided on our site requires the interaction with or is provided by a third party, by way of example an Application Service Provider;
   4. pursuant to legal process or law enforcement;
   5. we find that your use of the Site violates any of our Terms & Conditions, other usage guidelines or as deemed reasonably necessary by us to protect our legal rights and/or property;
   6. data from or acquired vis the Site is purchased by a third party whereby that third party will be able to use the data in the same manner as we can, as set forth in this Policy. In the event you choose to use links that appear on the Site to visit other web sites, you are advised to read the privacy policies that appear on those sites.

4. Copyright

   You assign to Scriptopus the entire copyright and all other rights in any Contributions you make for the full period of copyright in every territory in the world, and waive any and all moral rights which you may have in any territory in the world. You agree that if requested you will sign such other documents as Scriptopus may require in order to give full effect to the foregoing assignment and waiver. In any event, you hereby agree that Scriptopus shall be entitled to execute necessary documents on your behalf to give effect to the foregoing.

   Scriptopus agrees that it will consider (but cannot guarantee that it will agree to) any request you make to reacquire the rights in any Contribution which you make, where the Contribution has not been used other than on the Site for a period of five years.

   Scriptopus shall be entitled to edit, change or add to your Contribution and include it or decide not to include it in any Collection, as Scriptopus may decide. Scriptopus shall be entitled to use the Contribution in any medium whether now known or hereafter invented.

   You warrant that any Contribution of yours will be original, created by you, and will not contain any copyright material owned by anyone else, or infringe anyone else's rights anywhere in the world. You also warrant that you are a citizen of a country which is a signatory to the Berne Convention and related conventions.

   Although the primary purpose of Scriptopus is to encourage new writing and the excitement of taking part in the writing of collaborative stories, Scriptopus also intends where possible to distribute, adapt and otherwise make use of Contributions and Collections for the benefit of Scriptopus and the Contributors. Therefore, Scriptopus agrees that a Contributor whose Contribution is used by Scriptopus otherwise than on the Site will be entitled to participate in any profits received by Scriptopus and which are derived from the use of the Contribution as follows.

   Where a Contribution is exploited, individually and not as part of a Collection, the revenues received by Scriptopus from such exploitation (net of taxes, VAT and any third party payments etc) shall be applied as follows: Scriptopus shall keep the first 20% thereof for making the necessary exploitation arrangements, and the Contributor will receive one half of the remainder.

   Where a Contribution is exploited as part of a Collection, the revenues received by Scriptopus from such exploitation (net of taxes, VAT and any third party payments etc) shall be applied as follows: Scriptopus will keep the first 20% thereof for making the necessary exploitation arrangements, and one half of the remainder shall form the "Contributors' Profit Pool". The Contributor shall be entitled to a share of the Contributors' Profit Pool. That share will be the same proportion as the Contribution bears to the whole content of the Collection, calculated word count. Scriptopus shall decide in its absolute discretion the proportions.

   Any sums payable to a Contributor will be paid within 30 days of Scriptopus receiving relevant cleared and available funds always provided Scriptopus is able to contact the Contributor via the email address or other contact information provided by the Contributor. If Scriptopus is unable to contact the Contributor Scriptopus shall hold any monies due to the Contributor from Scriptopus on account for no less than five years; if at the end of this period Scriptopus has been unable to contact the Contributor Scriptopus will be entitled to retain the monies. Any interest accruing during the time money is held by Scriptopus will belong to Scriptopus. Scriptopus will at the time of payment provide supporting documentation showing how the amount has been calculated.

   Should Scriptopus use a Contribution in any film or print or electronic publication, a credit will be accorded to the Contributors, the form and placement of such credit to be decided by Scriptopus. However, Scriptopus will not be liable for the failure of third parties to accord credits.