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Poiesipedia Foundation Limited

Also see our: Privacy Policy and User Conduct

The Poiesipedia Foundation Limited, whose principal place of business is Jersey-Channel Islands (henceforth “Poiesipedia”) is a free, Internet-based, and collaborative encyclopedia project aimed at covering the Possible, the Thinkable, and the Fantastic as opposed to the Real. Its entries are either purely fantastic or referring to something fantastic that was thought of before its interception.

  1. Acceptance of Terms
    1. The use of Poiesipedia’s website and any products, software and services provided on or from the website by Poiesipedia is subject to the terms of a legal agreement between you and Poiesipedia.
    2. The legal agreement with Poiesipedia is made up of (A) the terms and conditions set out in this document, (B) the Privacy Policy and (C) Poiesipedia’s Users Conduct (collectively called the “Terms”).
    3. The Terms form a legally binding agreement between you and Poiesipedia in relation to the use of Poiesipedia’s services.
    4. In order to access or use the Services, you must firstly agree to the Terms. You may do so by (a) registering with Poiesipedia, (b) by actually using and/or visiting the website.     
    5. Poiesipedia may make changes to the Terms from time to time. When these changes are made, Poiesipedia will make a new copy of the Terms available to you.
  2. Poiesipedia Accounts
    1. In order to access some features of the Website or other Services, you will have to register and create a Poiesipedia account. When creating the account, you must provide accurate and complete information. The Poiesipedia account password must be kept secure and confidential.
    2. In case you become aware of any breach of security or unauthorized use of your account, you must notify Poiesipedia immediately.
    3. You agree that you will be solely responsible (to Poiesipedia and to others) for all activity that occurs under your Poiesipedia account.  
  3. General Use of Website
    1. You agree not to distribute in any medium any part of the Website, including but not limited to User Contributions (defined below), without Poiesipedia’s prior written authorization.
    2. You agree not to alter or modify any part of the Website in any other way than provided by Poiesipedia.
    3. You agree not to access User Contributions (defined below) or Poiesipedia’s Content through any technology or means other than the Website or provisions supplied by Poiesipedia itself.
    4. You agree not to use the Website for any commercial use, without the prior written authorization of Poiesipedia.
    5. You understand and acknowledge that in using the website and the services, you may be exposed to text contributions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Poiesipedia with respect to any such text contribution.
    6. Poiesipedia is entitled to post advertising or other commercial messages on the website.
  4. Information for contributors to Poiesipedia
    1. As a Poiesipedia account holder you can act as Project Owner or as a Contributor. Project Owners are users who have initiated a Project. They are responsible for administering their Projects in every respect (see below §4) and liable for monitoring the appropriateness of any content posted on their projects. Contributors are users who contribute/ have contributed to a Project. In both roles you may submit textual and visual content including but not limited to stories, poetry etc. User submitted content are collectively referred to as "user contributions." You understand and agree that your contributions will have to comply with Poiesipedia’s Users Conduct. As an author, you agree to be attributed through a list of all authors. (Any list of authors may be filtered to exclude very small or irrelevant contributions.)
    2. You are not allowed to post contributions which contain unlawful content or are not in accordance with Poiesipedia’s User Conduct. You further agree not to post any contributions which are subject to any third party proprietary rights, unless you have a formal license or permission from the rightful owner to post the material in question or unless you are properly quoting by acknowledging the indication of source.
    3. You understand and agree that you are solely responsible for your own contributions and the consequences of posting them. Poiesipedia does not endorse any user contributions or any opinion, recommendation, or advice expressed therein, and Poiesipedia expressly disclaims any and all liability in connection with user contributions.
    4. You retain all of your ownership rights in your contributions.
    5. By submitting your copyrighted contributions to Poiesipedia, you grant Poiesipedia a worldwide, non-exclusive, royalty-free, transferable perpetual license to the extent necessary to use, reproduce, distribute and display your Contributions for the provision of Poiesipedia’s services through the website and in all media and formats whether now known or hereafter devised. 
      Furthermore you grant each user of Poiesipedia’s Website a non-exclusive license to access your User Contributions through the website and in all media and formats whether now known or hereafter devised.
      The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats.  
    6. By submitting your contributions you agree to grant all other registered users of Poiesipedia a non-exclusive, royalty-free license to adapt and/or edit your contributions.
    7. By submitting your copyrighted contributions to Poiesipedia, you grant Poiesipedia a worldwide, exclusive, transferable perpetual license to reproduce and distribute your contributions. 
      If Poiesipedia uses your contributions commercially in any other way as set out in regulation 4.5, Poiesipedia will inform the Project Owner hereof immediately and will let him participate reasonably in the commercial usage. The Project Owners and his co-Contributors will be rewarded 90 % of all net proceeds as joint and several creditors. The sum of money that corresponds to this percentage will be mailed using PayPal (as the sole medium for any money transfers) to the e-mail address indicated by the Project Owner at the moment of registration. It is the responsibility of the Project Owner to further distribute any proceedings to his co-Contributors. The Project Owner might use the relative quantity of letters contributed by his co-Contributors for allocating any proceedings on a pro rata basis. Payments from Poiesipedia to Project Owners will be made out on a yearly basis within three months after settlement of accounts on December 31st. Poiesipedia will make a good faith effort to pay you your share solely using PayPal as above indicated.
    8. The use of Poiesipedia publishing services is subject to a separate individual contractual arrangement. Please refer to “Poiesipedia Publishing Services – Terms of use” for details.
  5. Account termination policy
    1. Poiesipedia reserves the right to terminate your access to its website or services in case your text contributions do not comply with Poiesipedia’s User Conduct or in case they infringe copy rights of third parties.
    2. Poiesipedia reserves the right to decide whether user contributions are appropriate and comply with Poiesipedia’s User Conduct and these Terms of use. Poiesipedia may remove any contributions due to violations such as, but not limited, hate crimes, pornography, obscene or defamatory material, or excessive length at any time, without prior notice and at its sole discretion.
  6. Ending your relationship with Poiesipedia
    If you want to terminate your legal agreement with Poiesipedia, you may do so by closing your Poiesipedia account. The rights granted in regulation 4.5 to 4.7 will not be affected hereof.
  7. Exclusion of Warranties
    1. The Services are provided "as is" and Poiesipedia makes no warranty or representation to you with respect to them.
    2. In particular Poiesipedia does not represent or warrant to you that:
      a)  your use of the Services will meet your requirements,
      b) your use of the Services will be uninterrupted, timely, secure or free from error,
      c) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
  8. Limitation of Liability
    Poiesipedia shall not be liable to you for:
    a) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
    b) any loss or damage which may be incurred by you as a result of:
    (1) any changes which Poiesipedia may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
    (2) the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Services;
    (3) your failure to provide Poiesipedia with accurate contact information and/or to access the PayPal service, including PayPal downtimes;
    (4) your failure to keep your password or Poiesipedia account details secure and confidential.
  9. Ability to accept terms of service
    You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of use, and to abide by and comply with these Terms of use
  10. General legal terms
    1. The Terms constitute the whole legal agreement between you and Poiesipedia and govern your use of the Services.
    2. You agree that Poiesipedia may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Poiesipedia website.
    3. You agree that if Poiesipedia does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a formal waiver of Poiesipedia’s rights and that those rights or remedies will still be available to Poiesipedia.
    4. If any rule or any provision of these Terms is invalid, that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
    5. The Terms, and your relationship with Poiesipedia under the Terms, shall be governed by Jersey – Channel Islands law. You and Poiesipedia agree to submit to the exclusive jurisdiction of the courts of Jersey – Channel Islands to resolve any legal matter arising from the Terms. Poiesipedia reserves the right to move to any other jurisdiction it chooses if political events cause the Jersey jurisdiction to turn non-democratic.