Terms of Use

MacGuffin Terms of Use

By using MacGuffin, you agree to the Terms of Use, as defined herein and updated from time-to-time (in accordance with ‘Amendments’ below), including MacGuffin’s Data and Privacy Policy, Content Rules and Community Guidelines. If you don’t agree to the Terms of Use, don’t use MacGuffin.

Definitions:

MacGuffin means the MacGuffin website (including the domains macguffin.io and beta.macguffin.io), the MacGuffin Mobile Applications, and the MacGuffin Community Forum, which are owned and operated by Comma Press, a Company Limited By Guarantee (run on a not-for-profit basis), Company Number 6390368, and its assigns.

Stories and content means any text and/or audio content (including but not limited to fiction, poetry, non-fiction, essays, articles, plays, audio recordings, audio plays, music and podcasts) self-published on MacGuffin by end-users.

Service and Services means use of the MacGuffin website (including the domains macguffin.io and beta.macguffin.io), the MacGuffin Mobile Applications, and the MacGuffin Community Forum.

1) General Terms

By using the MacGuffin Services, you agree that:

i) You are over 18.
ii) You will keep your contact information up-to-date.
iii) You will not use MacGuffin for any commercial purposes except with the express permission of MacGuffin.
iv) You will not collect or harvest any personal information, including account names, from MacGuffin, either manually or by an automated digital process.
v) You are solely responsible for complying with all applicable local, national, and international laws and regulations, and that by using MacGuffin you expressly indemnify Comma Press against any losses, damages or legal action arising from your use of MacGuffin in breach of such laws and regulations.
vi) You may use MacGuffin under an assumed name (e.g. a pen name that is not your real name), but you will not pass yourself off as another writer (for example, you may not use the name of another writer to pass your work off as theirs, or pass their work off as yours).
vii) You will comply with the MacGuffin Content Rules when uploading Stories to MacGuffin.

2) Data charges


Your internet service provider and/or mobile phone service provider may charge for data transferred to and from your computer or mobile device while using the MacGuffin Services. By using MacGuffin, you expressly agree that you accept sole responsibility for any data charges associated with your use of the MacGuffin Services.

3) Data and Privacy

In order to provide the MacGuffin service, it's necessary for us to collect, store, access, process and in some cases make public data about MacGuffin users. By using MacGuffin you expressly agree to us using your data for the following purposes:

i) Personal Data

We will collect, store, access and process personal data for the following purposes:

* Providing a customised experience to users (for example, bookmarking their previously read stories, providing a different homepage for experienced users, enabling users who have uploaded stories to access a control panel to edit and delete those stories).
* Communicating with users (for example, to request that they verify their account details, to resolve a technical problem, or to moderate a dispute).
* Investigating technical problems relating to the use of MacGuffin.
* Investigating claims of copyright infringement.
* investigating misuse (for example, when a user has been reported to us for adding abusive tags to stories, we may review other tags they have added to other stories and delete them where necessary).
* Removing all data about a user and their activities from our database (for example, if we delete their account for a breach of the Terms of Use or they elect to close their account).
* Internal reports, research reports, and reports to the funders of Comma Press and the MacGuffin project.

ii) Data About Stories

When an end-user publishes a story on MacGuffin, analytics data about that story (see Anonymous Data below) will be publicly available for other MacGuffin users to view.

iii) Anonymous Data

We will collect, store, access, process and make public anonymised analytics data as follows:

* How many times a story has been consumed.
* Where in the world a story has been consumed (NB, this data is ‘fuzzified’ into a 25x25 km grid).
* Whether a story has been read or listened to.
* The ratio of reads/listens of a story.
* The rating given to the text and audio of a story.
* The ‘drop-out’ points when readers stopped consuming a story.
* The tags searches that led users to find a story.
* Trending tags and other tag-related data.

Re-Identification

In certain circumstances, it may be possible for anonymous analytics data to be used to re-identify users.

Example. The following steps could lead to re-identification on MacGuffin:

* I read a story on MacGuffin and elect to share it on Facebook.
* The MacGuffin analytics panel shows that I am the only person to have read that story.
* The MacGuffin analytics panel shows a pin on the map, which indicates the approximate location of the reader (which must be me, as the only reader of that story).
* I then read an erotic story on MacGuffin.
* I am the only reader of that story.
* The MacGuffin analytics panel shows a pin on the map in the same place or close to the pin for the story that I previously elected to share on Facebook.
* Another MacGuffin user who knows me on Facebook deduces that I am also the person who read the erotic story.

Incognito Mode

We believe that analytics data will help writers to understand how their work is being read and shared. However, MacGuffin also has an ‘Incognito Mode’. When reading a story in Incognito Mode, data about that reading event will not be stored or made public on MacGuffin, and will not appear in the analytics for that story. If you switch to incognito while reading or listening to a story, data about that reading event will be retroactively deleted from our database, and will not appear in the analytics for that story. While using Incognito Mode is likely to reduce the risk of identification or re-identification of MacGuffin users, we cannot guarantee that identification or re-identification will not occur.

Click here to learn more about recent changes to Incognito Mode (28/7/2015).

Identification and Re-Identification Damages Waiver

While we will do our best to prevent inadvertent identification and/or re-identification of MacGuffin users, we cannot guarantee that it will not happen. By using MacGuffin, you expressly agree that Comma Press shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, personal injury, property, bodily, moral or material damage of any nature whatsoever, or any other intangible losses (even if Comma Press has been advised of the possibility of such losses or damages), resulting from identification or re-identification of individual users from analytics data available on MacGuffin.

Cookies

MacGuffin uses cookies - a small text file downloaded onto your computer when you access the macuffin.io website, which allows us to recognise your device and store some information about your preferences and past actions (for example, to provide you with a different homepage view when you’re an ‘experienced’ user). By using MacGuffin you consent us to storing cookies on your device.

4) Limitation of Liability


i). You use MacGuffin at your own risk. The services are provided on an ‘as is’ and ‘as available’ basis. MacGuffin may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of Comma Press.

ii). Comma Press makes no representations or warranties of any kind with respect to the MacGuffin services, for example that the service will meet your requirements, the service will be uninterrupted, timely, error-free, secure, or that any errors in the MacGuffin service will be corrected.

iii). MacGuffin may host links to third-party websites. Comma Press has no control over and bears no responsibility for the content or the privacy policies of those websites. By using MacGuffin, you expressly release Comma Press from liability arising from links to third-party websites.

iv). MacGuffin should not be used as an archiving service or data backup service. We recommend that you save your own copies of all text and audio files that you upload to MacGuffin. Comma Press accepts no responsibility for retaining any data (including text files, audio files, tags, ratings or analytics data) hosted on MacGuffin, and by using MacGuffin you expressly release Comma Press from liability for any loss or damage arising from the deletion of your data, whether intentional or accidental.

v). You understand and expressly agree that Comma Press shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, personal injury, property, bodily, moral or material damage of any nature whatsoever, or any other intangible losses (even if Comma Press has been advised of the possibility of such losses or damages), resulting from:


(a) the use or the inability to use MacGuffin;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from MacGuffin;
(c) unauthorized access to, or alteration of, your transmissions or data;
(d) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the MacGuffin websites, Mobile Applications or forum, by any third party;
(e) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, published, emailed, transmitted, or otherwise made available via MacGuffin.

vi). You understand and expressly agree that when using MacGuffin, you will be exposed to Stories written and self-published by other end-users of MacGuffin, and that Comma Press is not responsible for the accuracy, usefulness, safety, or legality of such Stories.

You further understand and acknowledge that you may be exposed to Stories that are inaccurate, offensive, indecent, defamatory, objectionable, or that contain material which may be illegal in your country, and you agree to waive any legal or equitable rights or remedies you have or may have against Comma Press with respect thereto, and agree to indemnify and hold Comma Press, its employees, assigns, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of MacGuffin.

vii). The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

5) Intellectual Property


With the exception of content uploaded by end-users, all content on MacGuffin, including but not limited to text, software, code, scripts, graphics, sounds, trademarks, logos, designs, information, data, methodologies, models and know-how, documents, materials, and databases are owned by Comma Press and are subject to copyright, trademark and other intellectual property law. Comma Press reserves all rights not expressly granted in and to the MacGuffin Website and Mobile Applications.

6) Content

i) By using MacGuffin, you agree not to upload content (including but not limited to fiction, poetry, non-fiction, essays, articles, plays, audio recordings, audio plays, music and podcasts) that contains any of the following:

* Libel or defamation
* Copyright or other intellectual property infringement
* Racism, homophobia or discrimination against disabled people
* Religious hatred (as opposed to criticism of religion)
* Incitement to commit any crime (including violence)
* Incitement to self-harm
* Instruction, recipe or formula likely to cause harm if followed
* Pornographic depictions of people under 18
* Violation of privacy, e.g. content that includes any personally identifying or confidential information, including real names of living people.

ii) Copyright

The copyright of all content (including but not limited to fiction, poetry, non-fiction, essays, articles, plays, audio recordings, audio plays, music and podcasts) self-published on MacGuffin shall remain with the author, or in the case where that work is legitimately published on MacGuffin under a Creative Commons licence (i.e. when publication under that Creative Commons license does not breach any existing copyright), it shall be Copyright according to the terms of that Creative Commons licence.


When you publish content under a Creative Commons licence, or release it into the public domain, this cannot be undone. By using MacGuffin, you expressly release Comma Press from any liability for damages for loss of profits, or damages for copyright infringement, defamation, libel, obscenity, or any intangible losses resulting from publishing your content on MacGuffin under Creative Commons licence, or publishing your content on MacGuffin into the public domain, whether intentionally or unintentionally.


By self-publishing on MacGuffin, you grant us permission to store, display, reproduce and distributing your content, which may include sharing your content with partner companies, services, news agencies and funding bodies, in order to promote MacGuffin.

iii) Indemnification

You agree that you are responsible for the content you self-publish on MacGuffin and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property, defamation, libel, obscenity, and all other legally objectionable material, and expressly indemnify Comma Press against any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, personal injury, property, bodily, moral or material damage of any nature whatsoever, or damages for copyright infringement, defamation, libel, obscenity, or any intangible losses.


By self-publishing your content, you represent that you own or have the necessary rights to post the content on MacGuffin, and that doing so doesn’t conflict with any other licenses you’ve granted.

iv) Breach of Content Rules

MacGuffin doesn’t moderate content prior to self-publication, but it retains the right (though not the obligation) to remove any content published on MacGuffin in breach of these rules. Users who post content that breaches these Rules may also either be warned or have their accounts closed, at the sole discretion of Comma Press.

7. Termination


If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure to Comma Press, we reserve the right to withdraw the MacGuffin service from you, without notice, at our sole discretion.

8. Account Deletion


You can delete your MacGuffin account at any time. In such cases, your agreement to the Terms of Use when using MacGuffin, prior to the deletion of your account (including any indemnities from liability granted by you to Comma Press in the Terms of Use) shall survive the deletion of your account.

9. Enforcement


The failure of Comma Press to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision.

10. Scope


These Terms of Use constitute the entire agreement between you and Comma Press and govern your use of the MacGuffin services, superseding any prior agreements between you and Comma Press (including, but not limited to, any prior versions of the Terms of Use).

11. Headings


The Headings within these Terms of Use are for reference only, and no other meaning should be construed or implied by their use.

12. Amendments


Comma Press reserves the right to change the Terms of Use from time-to-time, and will notify you of these changes by email, or on the MacGuffin website or Mobile Application.

13. Jurisdiction


You agree that these Terms of Use and your use of the MacGuffin services are governed by English law.