We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Online Contributor Terms at any time. Your continued use of the Contributors’ Pages will be subject to the most current version of the Online Contributor Terms posted on the Site at the time of registering as a contributor.
From time to time we may supplement these Online Contributor Terms with additional terms relevant to competitions, specific content, features or events. These additional terms may be placed on the Contributors’ Pages to be viewed in connection with such competitions, specific content, features or events and shall be identified as such. You understand and agree that any such additional terms are hereby incorporated into these Online Contributor Terms.
1. Registering as a contributor
1.1 To access and use the Contributors’ Pages, you need to become a contributor by registering as a contributor on the Site.
1.2 Registration as a contributor to the Site is free of charge.
1.3 You must be at least 13 years old to register to use the Contributors’ Pages and by registering you are confirming that you are at least 13 years old. Your access to the Contributors’ Pages may be terminated without warning if we have any reason to believe that you are under 13 years of age. By registering to use the Contributors’ Pages, you represent and warrant that (a) all registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information by letting us know if your details change.
1.4 As part of the registration process you will need to submit a username and password, both of which you will be required to submit each time you log onto the Contributors’ Pages on the Site. It is your responsibility to keep your password safe and secret. We will be entitled to assume that any person logging into any part of the Site using your username and password is either you or someone doing so with your permission. You will be responsible and liable for any actions of any person logging onto the Contributors’ Pages using your username and password (including without limitation, posting and uploading information). Therefore, you should notify us immediately by contacting us on email@example.com if you suspect that anyone else knows your username and/or password and has logged on as you.
1.5 We may at any time and for any reason refuse to accept a registration from any person.
2. Your Profile and Material
2.1 If registered to use the Contributors’ Pages, you will be entitled to create and contribute to a profile page, upload, post, publish, display, transmit, share or otherwise make available files, images, photos, videos, messages, notes, text, information, music and other content, materials and works of authorship (collectively your “Material”).
2.2 Whilst we encourage you to contribute your Material to the Site, you hereby warrant, represent and undertake that:
(a) you shall not use the Contributors’ Pages for any commercial purposes and you shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
(b) you shall not solicit other contributors or users of the Contributors’ Pages or the Site to join or become members of any commercial online service or other organisation of whatever nature;
(c) you will not intimidate or harass others or disclose personal information about others that could amount to harassment or intimidation;
(d) you will not create multiple logins;
(e) you will fully comply with any Contributor Guidelines that may appear on the Site from time to time;
(f) you will only upload, post, publish, display, transmit, share or otherwise make available Material which you own (or for which you have the necessary permission of the owner of that Material to submit);
(g) you will not submit any Material in which the Intellectual Property Rights (as defined below) are owned by any third party, without obtaining all necessary consents to cover all proposed uses of such Material and you shall be solely responsible for obtaining such consents;
(h) if you submit any Material in which the Intellectual Property Rights are owned by a third party, you will credit such third party on all such Material and you will provide all requisite details, copyright licences and notices to Book Drum upon submitting such Material;
(i) the Material will not infringe the Intellectual Property Rights or any other proprietary rights of any third party;
(j) you will use all reasonable skill and care in providing the Material and all Material will be accurate, complete, current, reliable, of a high standard and quality and compliant with all relevant laws, regulations, rules and codes of practice;
(k) in respect of use in any form of online or electronic media (but not in respect of use in any printed media), you will not grant any rights (including, without limitation, any Intellectual Property Rights) in or to the Materials (or in or to any content or materials substantially similar to the Materials) to any other third party, except with the prior permission of Book Drum, save that the foregoing shall not apply to individual extracts of text from your Material provided that such extracts are limited to text only and are unaccompanied by any Site Content, any other elements of your Material or any Book Drum material of whatever nature;
(l) you will not upload, post, publish, display, transmit, share or otherwise make available any Material that we deem to be harmful, threatening, unlawful, confidential, defamatory, offensive, infringing, inflammatory, harassing, obscene, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Book Drum or other users of the Site to any harm or liability of any type;
(m) you will not upload, post, publish, display, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation or bulk communication;
(n) you will not upload, post, publish, display, transmit, share or otherwise make available any private information of any third party, including, address, phone numbers, email addresses, national insurance details and payment details;
(o) you will not upload, post, publish, display, transmit, share or otherwise make available any Material that contains viruses, corrupted files, or any other computer code, files, software or programs that may interfere with, damage, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment;
(p) you will not submit any Material in breach of confidence or in contravention of the Data Protection Act 1998 or the Official Secrets Act or any other applicable data protection, privacy or security legislation anywhere in the world;
(q) you will not post content which promotes a product or service;
(r) you will not promote any activity that is illegal; and
(s) you will not use software to harvest information from the Contributors’ Pages or the Site.
2.3 If other contributors have posted material which is inaccurate, infringing, inappropriate, offensive or does not comply with any of the provisions of these Online Contributor Terms we shall have no responsibility or liability for such material. Please contact firstname.lastname@example.org if you believe any material posted on the Site and/or the Contributors’ Pages is defamatory, offensive, unlawful or inappropriate.
2.4 You acknowledge that we do not actively monitor the content of the Site (including, without limitation, the Contributors’ Pages) and that we may delete or remove from the Site immediately without notice any Material or any other content of whatever nature, for any or no reason, including without limitation, if we believe in our absolute discretion that such content: (i) infringes the Intellectual Property Rights or other proprietary rights of any third person or is otherwise unlawful; and/or (ii) is offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate or which is posted in breach of these Online Contributor Terms or the Legal Notice. Such removal will be without any admission as to liability and without prejudice to our other rights and remedies.
3. Property Rights
3.1 Book Drum does not claim ownership of any Intellectual Property Rights in and to your Material and you shall retain ownership of such Material.
3.2 In respect of all forms of online and electronic media (but not in respect of any forms of printed media), you hereby automatically grant, and you represent and warrant that you have the right to grant, to Book Drum an irrevocable, perpetual, sole and exclusive, transferable, sub-licensable worldwide licence to publicly perform, publish, copy, reproduce, display, communicate to the public, adapt, modify, edit, manage, distribute, store or otherwise exploit your Material (or any part thereof), in all languages in all territories anywhere in the world. Without prejudice to the foregoing, you shall be entitled to exploit individual extracts of text from your Material in online and electronic media, provided that such extracts are limited to text only and are unaccompanied by any Site Content, any other elements of your Material or any Book Drum material of whatever nature. The licence you grant to us is royalty free and we will not be under any obligation to pay you or any other third party appearing in the Material for using any of the Material.
3.3 To the extent that it is practical, Book Drum shall use its reasonable endeavours to include your name on all Material that is owned and original to you.
3.4 For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights of whatever nature including, without limitation, all vested contingent and future rights of copyright, rights in software programs, code and supporting documentation, patents, inventions, trade marks, rights to domain names and trade names, registered and unregistered design rights, database rights and all rights in know how, trade secrets, techniques, processes, confidential information, lending rights, rental rights, rights in performances, all rights to bring an action for passing off, rights in goodwill, all rights to apply for protection or pending applications for registration in respect of any of the above rights, and all other intellectual property rights (whether registered or not) and similar proprietary rights which may now or in future subsist in any jurisdiction and in any language and all legal rights protecting the confidentiality of any information or materials whether now known or in the future created to which you are now or may be entitled by virtue of or pursuant to any of the laws in force in any part of the world and any licences and permissions in connection therewith.
3.5 With the exception of your Material itself as defined in clause 2.1 (the “Site Content”), all Intellectual Property Rights in and to the Site and all content and material contained on the Site including (without limitation) any text, information, photographs, pictures, images, graphics, diagrams, videos, audios, music, software, applications and the compilation, style, composition, appearance, design, layout and typographical arrangement of the same, produced by or on behalf of Book Drum and the typographical arrangement of your Material on the Site, are owned by and shall remain owned by Book Drum or its licensors.
Book Drum reserves the right to remove your Material, the Contributors’ Pages, the Site or any part thereof or to cease the provision of any of services available through the Site or to terminate your access to the Site in its sole discretion at any time with or without notice.
5. Limitation of Liability
5.1 Subject to 5.3, you upload Material and use the Site at your own risk. The Site and all Site Content are provided on an “as is” basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). To the fullest extent permitted by law, we disclaim all conditions, representations, statement and warranties (including without limitation to any implied warranty regarding the quality or the fitness for a particular purpose of the Site or the Site Content (including in respect of any competition run through the Site).
5.2 Subject to clause 5.3, you acknowledge and agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or savings, loss or corruption of data or information, loss of contracts, business or opportunity, damage to goodwill or reputation(s), (in each case whether direct or indirect); and in respect of all of the foregoing, whether based in contract, tort (including without limitation negligence), strict liability, or otherwise, arising out of or in connection with this Site (including, without limitation, any competition run through the Site), the Site Content, your Material and/or any use thereof, in each case even if we have been forewarned or is aware of the possibility of such loss or damage.
5.3 Nothing in these Terms shall exclude or limit our liability for: (a) death or personal injury caused by our negligence; or (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or (c) any liability which cannot be excluded or limited under applicable law.
5.4 You agree to indemnify, keep indemnified, defend and hold Book Drum and Book Drum’s parent companies, subsidiaries, affiliates and each of Book Drum’s respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your participation or conduct in relation to the Site, your Material or any use thereof, any breach of the above warranties or any violation of these Terms or of any law or Intellectual Property Rights of any third party.
6.1 If any part of these Online Contributor Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the remainder of these Online Contributor Terms, which will continue to be valid and enforceable to the fullest extend permitted by law.
6.2 These Online Contributor Terms shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the English courts.