Walking The Plank :: Port of the Snape/Harry Ship

WalkingThePlank.org (also called 'site' or WTP hereafter) reserves the right to change these Terms at any time, effective immediately upon posting on the site. By using the site, you agree to be bound by the Terms.

PURPOSE

WalkingThePlank.org is run by fans for fans as a place to archive, read and discuss fan-work, including but not limited to fan-fiction and academic essays. The site is not sponsored, affiliated or associated in any way with the creators or owners of any original and/or commercial work that inspires the fan-work archived by WalkingThePlank.org.

PERMITTED USE

You are only authorised to view and to retain a copy of pages of this site for your own personal use. You may not duplicate, publish, modify or otherwise distribute the material on this site unless specifically authorised by WalkingThePlank.org to do so. The content and software on this site is the property of WalkingThePlank.org and/or its suppliers and is protected by copyright laws. We post a legal notice and credits on pages of the site. You may not remove this notice or these credits, or any additional information contained along with the notices and credits.

AGE RESTRICTIONS

You must be 18 years of age to register or accept a registration invitation for this site.

MEMBER PASSWORD

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
1. Immediately notify WalkingThePlank.org of any unauthorised use of your password or account or any other breach of security, and;
2. Ensure that you exit from your account at the end of each session.
WalkingThePlank.org cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

When you enroll for membership at Walking the Plank, your username and password will be e-mailed to you in plain text. If you are concerned about security, use a generic password, then modify your password in Edit Bio screen. The new password will not be emailed.

USER CONTRIBUTIONS AND CONDUCT

You may contribute to the site such as, but not limited to, submitting or posting essays, stories, artwork, and messages which collectively, we call "content" to the site. You agree to rate and label your work with warnings that are accurate.

WalkingThePlank.org pre-screens content according to spelling, punctuation and grammar standards. All other content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not WalkingThePlank.org, is entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the site.

You understand that by using the site, you may be exposed to content that could be viewed as offensive, indecent or objectionable. We accept or decline content only according to our posted submissions rules. We do not actively monitor content or alter content in any way other than acceptance or rejection, and are not responsible for any content posted. We do not vouch for or warrant the accuracy, quality, subject matter, completeness or usefulness of any content. The content posted here expresses the views of the author of the content, not necessarily the views of WalkingThePlank.org or any entity associated with this site. Under no circumstances will WallkingThePlank.org be liable in any way for any content.

ORIGINAL CONTENT

If you submit or post any original content to the site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. WalkingThePlank.org does not claim ownership of content you submit or post. However, by submitting or posting content you grant WTP world-wide, royalty free and non-exclusive license(s), to use or allow others as representatives of WTP, to distribute, reproduce or otherwise use the content as long as the content is hosted on the site.

Examples of such use include, but are not limited to:
1. Reformatting an interesting literary discussion from the message boards so that it can be saved in the archives (for easy searching and preservation as message board posts are auto-deleted after a set time);
2. Collecting work into a book-formatted, downloadable anthology in a PDF file for archival purposes;
3. To preserve fandom history by transferring the fan-work of authors who have left fandom and can no longer be contacted to another appropriate fan archival site that is affiliated and linked with the name WalkingThePlank.org if WalkingThePlank.org is no longer able to host their work. The archival site must not operate under a different TOS than stated herein.

WalkingthePlank.org is not liable for any lost data resulting from the operation of our site and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any content they submit to the site.

PROHIBITED CONTENT

Content is prohibited if…
1. It is original fiction work and you do not have at least one fan fiction or fandom related work already posted.
2. It is fictional work about a real person, unless that person has been dead for at least 50 years.
3. It is an illegal or unauthorised copy of another person's work;
4. It is designed to abuse, threaten, slander or harass third parties;
5. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
6. Is unquestionably against the law of the contributor's or WalkingThePlank's countries.
7. It is fanfiction based on the original work of persons who take a firm stance against uncontrolled fanfiction (this does not prohibit non-fiction work such as academic essays), including, but not limited to:
1. P.N. Elrod
2. Raymond Feist
3. Laurell K. Hamilton
4. Mercedes Lackey
5. Anne McCaffrey
6. Orson Scott Card
7. Robin McKinley
8. Irene Radford
9. Anne Rice
10. J.D. Robb
11. Nora Roberts.

EMBEDDED CONTENT

Embedded content is allowed if the following conditions are met.

1. The work has been suggested by a moderator of the community, and has been approved by at least one member of the Administration Board.
2. The work met the SPAG guidelines for the site at the time of submission.
3. Walking the Plank has the creator's written permission to do this, and has permission to create a table of contents, including warnings and ratings.
5. The work is not hosted on any other archive; if you are willing to archive, we prefer you upload on Walking the Plank, rather than embedding, due to the workload involved in maintenance.
6. The embedded link goes to a creator's website, but not a journaling service, such as LJ, IJ, Facebook, MySpace, or any community therein, due to the special coding on those sites. We do allow embedding from YouTube and video providers.

OTHER CONTENT

The information contained in this site, including all text, databases, images, illustrations and designs not contributed as personal information or user content are the copyrights, trademarks and other intellectual property of WalkingThePlank.org unless otherwise stated.

PROHIBITED AND ILLEGAL USE

The following is a partial list of the kind of behaviour which is illegal or prohibited on the site....:
1. Posting photographic evidence of a crime, such as the actual sexual assault of a real child;
2. Impersonating any person or entity;
3. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the site;
4. Uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. Interfering with or disrupting the site or servers or networks connected to the site, or disobeying any requirements, procedures, policies or regulations of networks connected to the site;
6. "Stalking" or otherwise harassing another;
7. Reproducing, duplicating, copying, selling, reselling, distributing or exploiting any portion of the site, use of the site, or access to the site or the content archived on it;
8. Any other attempt to undermine the integrity of this site.

Any information you receive either actively or passively whether by website, printed material, personal contact with principals, etc. may not be used in any way to undermine the policies, cause injury to the site, company, organization, persons, users or in any way be detrimental to the entities described herein. Such actions will be regarded as malicious and treated as criminal in intent and will be prosecuted to the fullest extent the law will provide.

LINKS AND SEARCH RESULTS

The site may automatically produce search results or links to third party sites throughout the Internet. WalkingThePlank.org has no control over these sites or the content within them. WTP does not endorse the content of any third party site. By using the site to search for or link to another site, you agree and understand that you may not make any claim against WalkingThePlank.org for any damages or losses, whatsoever, resulting from your use of the site to obtain search results and/or to link to another site.

DISCLOSURE OF CONTENT

You acknowledge and agree that WalkingThePlank.org may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of WTP, its users and the public.

COPYRIGHTS and COPYRIGHT AGENTS

If you believe that content posted to WalkingThePlank.org constitutes copyright infringement, please contact the site with the following information:
1. an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your postal address, telephone number, and email address;
5. a statement by you that you believe in good faith that the disputed use is not authorised by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that information provided is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

After receipt of your notice, the WalkingThePlank.org management group will investigate the claim, and then respond accordingly.

DOMESTIC COPYRIGHTS

If you feel that your writing was copied without permission, and in violation of your copyright by another writer on WTP, please provide the site administrators with the following information via e-mail:
1. Your pen name and e-mail address.
2. A link to the piece that you have the copyright for, the date that the story was originally posted, and its title.
3. A link to the piece that you feel is in violation of your copyright, the date it was posted and its title.
4. A short message detailing the nature of the copyright infringement.
5. Any additional evidence that demonstrates copyright infringement.
6. a statement by you, made under penalty of perjury, that information provided is accurate and that you are the copyright owner.

After receipt of your notice, the WalkingThePlank.org management group will investigate the claim, and then respond accordingly.

MODIFICATIONS AND TERMINATION

WalkingThePlank.org reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. WalkingThePlank.org shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site.

WalkingThePlank.org may in its sole discretion and at any time discontinue providing the site, or any part thereof, with or without notice.

WalkingThePlank.org, in its sole discretion, and without prior notice, may terminate your password, account (or any part thereof) or use of the site, and remove and discard any content within the site, for any reason, including, without limitation, for lack of use or if WTP believes that you have violated or acted inconsistently with the letter or spirit of the TOS.

WalkingThePlank.org shall not be liable to you or any third-party for any termination of your access to the site.

INDEMNITY and DISCLAIMER OF WARRANTIES

You agree to indemnify and hold WalkingThePlank.org, and its subsidiaries, affiliates, administrators, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the site, your use of the site, your connection to the site, your violation of the TOS, or your violation of any rights of another.

WALKINGTHEPLANK.ORG MAY MAKE CHANGES TO THIS AGREEMENT AT ANYTIME WITHOUT WARNING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WALKINGTHEPLANK.ORG MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. WALKINGTHEPLANK.ORG MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SITE.

GENERAL INFORMATION

The TOS constitute the entire agreement between you and WalkingThePlank.org and govern your use of the site, superseding any prior agreements between you and the site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and WalkingThePlank.org shall be governed by the laws of WTP’s registered owner’s country without regard to its conflict of law provisions. You and WalkingThePlank.org agree to submit to the personal and exclusive jurisdiction of the courts located within the county that WTP’s registered owner resides. The failure of WalkingThePlank.org to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

2006 February 08