Thanks for visiting plotist.com. This page sets out the terms and conditions on which we provide our users (“you”) with access to our website (which we’ll refer to as our “Site”) and to the subscription services we provide through the Site (the “Services”).
1. How the Terms Work
These Terms of Service apply to anyone using our Site, whether they are just browsing or whether they are a registered account-holder or subscriber with us.
In addition to these Terms of Service, there are a few sets of terms and conditions of which you should be aware. Our terms and conditions include the following:
- These Terms of Service;
- The licences in our Licence Picker: these might need some explanation. Here at Plotist we provide a platform for creative collaboration which allows you to share your work with other users. However, if you decide to share your work you need to be clear about the terms on which you make it available to other users, and the scope of the licence you grant to them under your copyright in your work: to help in that end, we allow you to select one of a number of licences, some more permissive or restrictive than others. The licence of copyright is between you and any user to whom you make your work available, and we are not a party to it: we just provide the licences to facilitate the process.
For ease of reference, we’ll call all of the terms which apply to you collectively as the “Terms”. By using our Site you are agreeing to the Terms.
2. Who We Are
We are Plotist Ltd, a company registered in the United Kingdom under registration number 09465327 with its registered offices at 80 Lytham Road, Unit 10, Fulwood, Preston, United Kingdom PR2 3AQ. We are not VAT registered.
If you wish to contact us, you contact us using this address or using the contact link on our Site.
3. Our Services
a. Our obligations
We will provide the functions and services of our Site to you in accordance with the relevant Terms. Some of these functions and services will only be available to users who have registered with us.
b. Your obligations
There are a few general obligations and provisions that will apply to all users of our Site, with which you must comply. These are:
- you confirm that you are authorised to contract with us on the relevant Terms, and to conduct any activities which you may conduct through your account. This means in particular that if you are an individual you are over eighteen years old or supervised by a parent or guardian and that if you are opening an account on behalf of a company or other business you are authorised by that business to act on its behalf;
- you may only use our Site for lawful purposes. You may not use it in any way that breaches any local or international law, for the purposes of fraud, or to transmit unsolicited advertising or spam;
- any information you submit at any time (whether registering for an account with us, uploading content or otherwise) must be true and not misleading;
- you must not misuse our Site by introducing viruses or other malicious code to it or to our systems, nor try to gain unauthorised access to it or them, to any related systems or servers or to any related source code. You must not attack our Site through DDOS or otherwise. As you probably know, breaching this provision would be a criminal act, which may oblige us to report you to law enforcement and provide them with such information as we may have about you;
- you must keep your account and password login details secure, and not allow anyone else to use your account. If any activity takes place on your account then you are responsible for it. You must let us know immediately if you discover or suspect that someone else has accessed your account; and
- be nice. Part of our mission at Plotist is to encourage collaboration, and that can be undermined if we don’t all treat each other with courtesy. We are not under any obligation to continue to make our services available to any of our users, so any rudeness, harassment, abuse or misbehaviour may result in the suspension of your account.
c. Our use of personal data
We may suspend your access to your account and to the Site at any time, temporarily or permanently, if we determine that you are in breach of the Terms, in breach of any acceptable use or community policies on the Site, or otherwise using your account improperly. Rather than list every possible impropriety in our Terms, we reserve this general right to ensure an appropriate environment and experience for all of our users.
4. Opening Your Account
You can register as a user of our Site here. To register you will be asked to provide a username, email and password.
b. Your profile
After opening your account a profile which is personal to you will be generated, and this will be visible to other users of our Site. These profiles are intended to build a spirit of community among our users, and will allow other users to see (for example) how many worlds you have created. You should ensure that your personal page contains only information which you are happy to be publicly available.
We may disable or suspend access to your account at any time if you have failed to comply with the Terms or if we deem it necessary for security purposes.
5. Subscriptions and Payment
We offer our Services on a subscription basis. Different tiers of subscription (Free, Scribbler, Writer and Wordsmith) have different features and prices. We also offer different prices depending on whether you decide to purchase a monthly or annual subscription. You can order, manage and upgrade your subscription within your account. If your subscription is downgraded for any reason then we may lock access to any features which are no longer included within your subscription (for example, by locking editing features to make content “read only”).
b. Contract formation
When place an order for our Services through the Site, you are offering to enter into a legally binding contract with us under which we agree to provide those Services and you agree to use and pay for them, in each case in accordance with these Terms. We may accept or reject your order at our discretion. If we accept your order, and communicate acceptance to you by sending you an e-mail or other notice, then the contract between you and us for the provision of the Services will be formed.
c. Term and renewal
Your subscription will have a fixed term of one month (in the case of monthly subscriptions) or one year (in the case of annual subscriptions) and will renew automatically at the end of each fixed term for a further fixed term. If you do not wish to renew your subscription with us, you must notify us prior to the renewal date.
e. Free trials
If you are a new user, we may offer you an initial free trial subscription, in which case you will get free access to the Services for the free trial period only and after that you will need to move onto one of our subscription models.
f. Changes to our subscription model
We may withdraw or change any subscription model and/or price at any time. This will not affect any subscription that you have already paid for. We will inform you of any changes, giving at least thirty (30) days’ notice, so that you can choose whether or not to cancel your subscription before it next renews.
a. Your right to change your mind
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”), consumers in the UK have certain rights to cancel contracts concluded at a distance. The contract for Services between you and us is such a contract and if you are a UK consumer you have the right to cancel it within fourteen (14) days after the date it is entered into (so if we accept your order on 1 November, you may cancel any time before the end of 15 November) (the “Cancellation Period”).
b. Services provided during cancellation period
Because our Services are subscription-based, you acknowledge and accept that they will be made available to you immediately after we accept your order and during the Cancellation Period.
If you are a UK consumer, you may cancel using the functions of your account dashboard, by notifying us at our address or by using the contact link on our Site before the end of the Cancellation Period. You do not have to give us any reason for your cancellation, but should inform us that you are exercising your right to cancel by a clear statement. The Regulations require us to provide the following model cancellation form to you, which you may print or copy and complete, but you do not have to use the model form.
MODEL CANCELLATION FORM
To Plotist Ltd, 80 Lytham Road, Unit 10, Fulwood, Preston, United Kingdom PR2 3AQ, email: email@example.com
I hereby give notice that I cancel my contract for the supply of the following service: subscription-based access to your website www.plotist.com, ordered on [insert date].
[Name of consumer]
[Address of consumer]
[Signature of consumer (if form notified on paper]
d. Refund on Cancellation
Under the Regulations, you are obliged to pay for Services provided to you during the Cancellation Period. However, we will not enforce this obligation – if you cancel within the Cancellation Period we will reimburse all payments received from you. We will make the reimbursement without undue delay, and not later than fourteen (14) days after the date on which you inform us of your cancellation. We will make the reimbursement using the same means of payment as you used for the initial transaction and will not charge you any additional fees for making the reimbursement.
7. Content on the Site
Our Site is a platform for sharing literary content. This section sets out your and our respective rights and obligations in relation to content on the Site, which may include:
- our own content which we make available to our users, such as our blog posts (“Our Content”);
- your content which you create on the Site or upload to the Site, such as your worlds, stories and posts (“Your Content”); and
- other users’ content which they create on or upload to the Site (“User Content”).
b. Provisions in relation to Our Content
In relation to Our Content, the following provisions apply:
- Our Content is provided “as is”. We do not give any warranty as to the accuracy or completeness of any information comprised in Our Content. Our Content is provided for information purposes only and does not constitute legal advice.
- Our Content is proprietary to us, but is available under the Creative Commons licence CC BY-NC 4.0. This means that you can use, copy, reproduce and modify Our Content as long as you do so in accordance with that licence (and in particular as long as you don’t make commercial use of Our Content).
c. Ownership of Your Content
We do not claim any ownership of any of the rights in Your Content. We only require that you grant us certain licences under those rights as set out below. It is also up to you to decide what licences you grant other users in relation to Your Content. You have absolute freedom to set your own licence terms and can do so by writing them into Your Content yourself or by picking one of the licences available through our Licence Picker.
d. Use of Your Content
In relation to Your Content, you grant the following rights:
- You grant us a non-exclusive, worldwide licence to host, display, copy, transfer and distribute Your Content to the extent necessary for us to provide the Services and otherwise perform our obligations and exercise our rights under the Terms;
- You grant us a non-exclusive, worldwide licence to make Your Content available to other users of our Site within the scope of the licensing and privacy settings you have assigned to Your Content in your account. For example, if you have chosen to make a world “private”, then only you and your collaborators may see it. If you have made Your Content available to other users under any licence, then other users may use, copy, modify and distribute such of Your Content in accordance with that licence. For more information, see our post Copyright, Creative Commons and Plotist.
- If you have chosen to make Your Content available to other users of the Site, then you grant to those users the rights set out in the licence which you have applied to that content, whether that is a bespoke licence of your own or a licence chosen using our Licence Picker. Those rights will be granted permanently, even if Your Content is subsequently removed from our Site: it is extremely important that you have considered carefully which licence to apply to Your Content.
- You grant to us a non-exclusive, worldwide, perpetual, irrevocable licence to use Your Content for our business and marketing purposes (excepting any of Your Content which has been set as “private”). For example, we may feature excerpts from Your Content on our landing page, or in our marketing materials. However, we will not in any circumstances sell Your Content to any third parties.
e. Protection of Your Content
Any licences granted by you to other users are your responsibility. We do not accept any responsibility for enforcing those licences or for policing any infringements by our users of other users’ content. You acknowledge and accept that it is your responsibility to protect and enforce Your Content as you see fit. Because we are not a party to any licence granted by you to another user, any remedies that either you or the user might have under that licence are against each other, not against us.
f. Removal of Your Content
You are free to remove Your Content from our Site at any time, although there may be a delay in our removing it from public view. Likewise if you delete your account then Your Content may be removed. After removal of Content or deletion of your account we will retain, but not publicly display, backup copies of Your Content on our servers for a period of up to thirty (30) days. If you remove Your Content or delete Your Account, it may be permanently irrecoverable. Further, we may remove any of Your Content which we determine is in violation of our Terms or otherwise unsuitable for publication on Plotist.
g. Warranties in relation to Your Content
You warrant that:
- Your Content will be lawful and appropriate in tone and subject matter, and in particular will not contain any text or imagery which is defamatory, fraudulent, racist, offensive, inflammatory or pornographic;
- you are the sole legal and beneficial owner of all intellectual property rights in Your Content;
- you are free to grant all rights granted under these Terms (and in particular that you have not assigned, or granted any conflicting licence under, the intellectual property rights in Your Content); and
- Your Content will not infringe the intellectual property rights of any third party.
h. User Content
In relation to User Content, the following provisions apply:
- We are not responsible for any User Content. We do not moderate or claim any rights in any User Content, and any User Content is made available “as is” and without any warranty. If you have any complaints or concerns in relation to any User Content, you should attempt to resolve them with the relevant user in the first instance.
- You may not use, copy, modify or distribute any User Content without the permission of the relevant user. If the user has chosen to make his or her User Content available on the basis of any particular licence, then you must comply with the requirements and restrictions of that licence.
- You acknowledge that you are granted a licence under any rights in the User Content and not an assignment of those rights. The user will remain owner of those rights and may grant non-conflicting licences under those rights to others. You may not make any claim to own the intellectual property rights in any User Content nor claim the User Content as your own work.
i. Contributions and Collaboration
Plotist provides a platform for collaboration and certain functions of our Site and Services will allow other users to contribute to, collaborate on or make suggestions in relation to Your Content and for you to do the same in relation to their User Content. In relation to such collaboration, the following provisions apply:
- Use of contributions. In collaborating, you may make contributions of various kinds to another user’s User Content: these contributions could be as nebular as offering plot or character ideas or as specific as writing text. If you make any contribution or edits to any User Content within another user’s World, then unless otherwise agreed with that user you grant to that user a licence under your rights in your contribution under the same terms as the terms on which that user has made his or her User Content available. This means, for example, that if a user’s World is accessible to collaborators under a particular Creative Commons licence, then your contributions will be licensed to that user under that licence (and that user can in turn grant further licences to others within the scope of that licence). This does not affect your ownership of your rights in your contributions. It is your responsibility to ensure that you have read and understood the licence which applies to any User Content to which you contribute.
- You are free to reach your own agreement on collaboration. You may reach a separate agreement with another user in relation to collaboration with that user on their User Content or on Your Content. If you have reached any separate agreement with them (whether in correspondence or otherwise) then whatever you have agreed in relation to the reservation and licensing of your respective intellectual property rights will take priority over the paragraph above. For example, if you are using Plotist as a platform for collaboration with a single co-writer on a film script, then you might have an entirely separate agreement (which could even be offline) in relation to the ownership and exploitation of the relevant rights.
- Collaboration is your responsibility. If you choose to collaborate with other users, then it is your responsibility to ensure that you understand the risks and responsibilities in doing so. If you and another user end up in dispute in relation to Your Content or his or her User Content, then it will be your responsibility to resolve that dispute, and we will not have any responsibility or liability to you in relation to that dispute or in relation to any misuse by collaborators of each other’s content. In short, we are not able to “police” our users.
a. Termination by you
You may terminate the contract between you and us in relation to your use of the Site, and close your account, by using the functions in your account dashboard or otherwise by written notice to us at any time. You should note that termination of your contract with us will not affect any perpetual licence that you have granted to any users in relation to Your Content.
b. Termination by us
If you are in breach of the Terms, we may take any of the following actions:
- issuing you with a written warning specifying the breach and requiring its remedy;
- suspension or permanent withdrawal of your account and your use of our Site, and/or termination of any contract between you and us on the Terms;
- taking legal action against you; or
- disclosing your personal information to law enforcement authorities.
We also reserve the right to terminate any contract between you and us in relation to your use of the Site, and suspend or terminate your account, by written notice to you at any time. We will try to give you reasonable notice, and to exercise this right only in circumstances where termination is appropriate (for instance because we are unable to continue to provide our Site). However, nothing in our relationship with you guarantees your continued use of our Site. If we terminate your use of the Site for our convenience (rather than because of your breach of the Terms) then we will refund to you a proportion of any fees which you have pre-paid for your use of the Site based on the amount of your subscription remaining at termination.
c. Effect of Termination
Termination of the contract between you and us will not affect any rights or remedies of the parties in existence at the time of termination. For instance, if at the time of termination one of us owes the other any sums, then they will still be owed. Any of the Terms which expressly or impliedly survive termination (such as perpetual licences) will continue in force.
9. Our Liability to You
Our role here at Plotist is to act as a platform to connect creative collaborators. Because our role is limited, we limit and exclude our liability to an appropriate degree (so, for instance, if two users are in dispute regarding some infringement between them then that is a matter between them rather than us). This section explains the ways in which our liability to you is limited and excluded.
- Where We Don’t Limit or Exclude Our Liability – We do not limit or exclude our liability for anything for which we cannot lawfully limit or exclude our liability. For example, we do not limit our liability for death or personal injury caused by our negligence, or for fraud. This statement takes priority over the rest of this section and the rest of the Terms.
- No Implied Terms – We provide access to our Site on the terms set out in these Terms of Service and the other relevant Terms. To the fullest extent permitted by law, we expressly exclude any and all conditions, warranties and other terms which might otherwise be implied by statute, under common law, or otherwise.
- We’re at the Mercy of the Internet, OK? - You understand that there is some inherent instability in communications networks and that we may need to take down or maintain the Site from time to time. For that reason, you accept that access to our Site is permitted on a temporary basis and we will not be liable if it is unavailable for any reason. At the same time, our Site is provided “as is” and without any warranty. For example, while we do our best to correct defects and while we use commercially-available virus-checking software, we do not warrant that our Site will be uninterrupted, free from errors, or free from viruses or malicious code. Finally, while we endeavour to preserve the security and integrity of data hosted in our servers, we cannot guarantee that Your Content will always be available. You should conduct regular backups to protect yourself against potential data loss.
- Third Parties – We are not responsible or liable for the actions of third parties or your interactions with them. Third parties may include, for example, other users of our Site, or social media service providers, or the developers of any device or software which you use to access our Site.
- No Indirect or Consequential Loss – We expressly exclude any liability for any indirect or consequential loss, damage, costs or expenses incurred or suffered by you in connection with your use of our Site. We are not liable for losses, damages, costs and expenses that are not foreseeable to both you and us at the time you open your account with us or which are not caused by our breach.
- No Liability for Certain Kinds of Loss – We expressly exclude any liability for any loss, damage, costs or expenses incurred or suffered by you (in each case whether direct or indirect) if that liability comes within one of the following categories: loss of business, loss of revenue, loss of contract, loss of data, loss of reputation, or loss of profit. In short, we are not liable for business losses.
- Cap On Liability – Our total aggregate liability to you in connection with your use of our Site will be limited in all circumstances (whether arising in negligence, including tort, breach of contract or otherwise) to a maximum sum, not exceeding twice the revenue derived by us from your use of our Site during the twelve (12) months prior to the first event giving rise to our liability.
If we are subject to any third-party claim as a result of your breach of any of your obligations under the Terms, or as a result of your negligence, misrepresentation or other wrongful act, then you will indemnify us against that claim. “Indemnifying us” means you will indemnify us and hold us harmless against all costs, expenses, losses, damages or liabilities suffered or incurred by us as a result of or in connection with that third-party claim, including (without limitation) any legal and professional fees. You also agree to provide us with all reasonable assistance and information we may request from you in order to enable us to defend and settle the claim and mitigate our (and your) liability.
11. Disputes and Governing Law
a. Governing law
The Terms and any contract between you and us on the Terms, are governed by the law of England and Wales.
b. Jurisdiction for disputes
If any dispute arises between you and us in connection with your use of our Site, then you and we will attempt to resolve that dispute through discussion. If we are unable to resolve the dispute by discussion, then the courts of England and Wales will have exclusion jurisdiction over any claim relating to your use of our Site or any connected contract. However, if you are not resident in England or Wales then we reserve the right to bring proceedings against you in any court in your country of residence.
c. Disputes with other users
If any dispute arises between you and another user, then that is a matter for you and them rather than us. We strongly encourage you to resolve those disputes by discussion (and we will support the resolution of any disputes as best we can), but ultimately the conduct and forum of any dispute will determined by applicable law.
a. Linking to our Site
You can link to our Site provided that you do so in a way that is fair and legal. You can’t link to our Site in order to damage or take advantage of our reputation or to suggest any false form of association, endorsement or relationship between you and us. You may not “hotlink” to our Site or to any content on it, nor embed or frame any part of our Site or any such content on any other site. If we ask you to stop linking to our Site then you must do so immediately.
b. Third party links
Our Site contains links to various third party sites and resources. We have no control over these or over any service provided by those third parties. You use them at your own risk. In particular, where our Site integrates any third-party social media functions, then your use of those functions is governed by the applicable terms of the relevant social media provider (like Facebook or Instagram).
We may revise these Terms of Service (or any of our other Terms) at any time. You should check our terms for changes from time to time, but if the revisions are material then we will notify you of them using the contact details you have provided to us or by messaging your account. By continuing to use our Site you will be accepting our revised Terms.
14. General Legal Stuff
a. Entire Agreement
Any contract between you and us constitutes the entire agreement between the parties in relation to its subject matter. Each party acknowledges that in entering into the contract it does not rely on any representation or warranty not set out in the Terms.
We may transfer our rights and obligations under our contract with you to another organisation. We will always tell you in writing if this happens. You may only transfer your rights or your obligations under your contract with us to another person if we agree to this in writing.
Each of the provisions of the Terms operates separately. If any court or relevant authority decides that any of them (or any part-provision) are unlawful, the remaining provisions (or part-provisions) will remain in full force and effect.
d. No Waivers
If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breach, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Nothing in the Terms creates any relationship of agency, partnership, or employment between you and us. Neither you nor we are authorised to enter into any commitment on behalf of the other, except as expressly set out in the Terms.
f. Third Party Rights
A person who is not a party to any contract under these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them, except that any user of our Site may enforce these Terms in relation to such rights as you have granted them under Your Content.
15. Contact Us
If you have any questions, comments or requests regarding the Terms or any concerns about any material featured on our Site, please contact us at Plotist Ltd, 80 Lytham Road, Unit 10, Fulwood, Preston, United Kingdom PR2 3AQ use the contact link on our Site.
Last updated: 13th October 2017