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Terms and Conditions of submitting a work to Vital Fitness Limited


1. By submitting your story (the "Work"), you confirm that you have read and accepted these terms and conditions under which you are submitting the Work (together with any other materials that you supply to VFL in connection with the submission of the Work (the "Materials")) to Vital Fitness Limited ("VFL").


2. If at our request you send certain additional specific submissions or, despite our request that you not send us any other further Materials, you send us further suggestions, work(s), notes, drawings, concepts, Materials or other information (collectively, the "Additional Submissions"), the Additional Submissions shall be deemed to be licensed free of charge, on a non-exclusive, irrevocable, world-wide and perpetual basis to VFL.


3. By submitting your Work (and thereby agreeing to these terms and conditions) , you automatically grant VFL a non-exclusive, perpetual, royalty free, irrevocable, world-wide, right and license to use, reproduce, modify, adapt, publish, translate, create derivative work(s) from, licence, sub-licence and distribute your Work (and/or the Materials and/or the Additional Submissions) or incorporate your Work (and/or the Materials and/or the Additional Submissions) into any form, medium, or technology now known or later developed throughout the universe.


4. In consideration of publishing your Work on www.everybodyhurts.co.uk (the "Website"), you hereby warrant that:

4.1 the Work (and the Materials and the Additional Submissions) are your sole and exclusive original work;

4.2 you own the copyright in the Work on a worldwide exclusive basis;

4.3 the Work is not the "confidential information" of a third party;

4.4 you may disclose the Work to VFL, without such disclosure infringing upon the rights of any third party (and without you, or any third party, requiring payment);

4.5 your sole ownership of the Work is not being disputed, nor is it the subject of any claim, by any third party.

4.6 all so-called moral rights in the Work and/or the Materials and/or the Additional Submissions have been waived.

4.7 the Work, the Materials and the Additional Submissions are not defamatory nor obscene.

4.8 you waive in their entirety (and in perpetuity) your intellectual property rights in the Work, the Materials and the Additional Submissions (as against VFL and / or any third party)


5. Neither the Work, the Materials nor the Additional Submissions shall be subject to any obligation of confidence on the part of VFL, and VFL shall not be liable for any use or disclosure of any part of the Work, Materials or Additional Submissions. Without limitation of the foregoing, VFL shall have a non-exclusive, world-wide irrevocable and perpetual licence to use all now known or hereafter existing rights to the Additional Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Additional Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.


6. You hereby grant to VFL the non-exclusive, irrevocable, royalty free, world-wide, perpetual right to publish in any medium (now known ore hereafter invented), copy and/or distribute copies of your Work (and/or the Materials or Additional Submissions) that you submit to VFL in any medium.


7. Unless specifically requested by You and agreed by VFL, VFL shall not accredit you as the author of your Work. You hereby consent therefore that by accepting these terms and conditions, you agree to waiver your Moral Rights in the Work (such Moral Rights as defined under the Copyright Designs and Patents Act 1988 ("CDPA")). In particular you agree to waiver the paternity rights under sections 78 and 79 of CDPA, and also the right to object to derogatory treatment under sections 80 to 83 of the CDPA


8. These terms and conditions apply to the Work as a whole (which shall include any translation of the Work and/or Materials and/or Additional Submissions in any language).


10. VFL reserves the right to remove your Work (and/or Materials and/or Additional Submissions) from the Website at any time, for any reason, at VFL's sole discretion.


11. This Agreement may not be assigned, novated, sub-licensed or otherwise disposed of by you in whole or in part without the prior written consent of VFL. VFL may assign the benefit and/or burden of this agreement as it wishes.


12. This Agreement constitutes the entire understanding between the parties relating to the subject matter. No party has relied upon any representation or promise except as expressly set out in this Agreement. Each party unconditionally waives any rights it may have to claim damages against the other on the basis of any statement made by the other (whether made carelessly or not) not set out or referred to in this Agreement (or for breach of any warranty given by the other not so set out or referred to) unless such statement or warranty was made or given fraudulently. Each party unconditionally waives any rights it may have to seek to rescind this Agreement on the basis of any statement made by the other (whether made carelessly or not) whether or not such statement is set out or referred to in this Agreement unless such statement was made fraudulently.


13. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been executed with the invalid, illegal or unenforceable provisions eliminated. In the event of a holding of invalidity so fundamental so as to prevent the accomplishment of the purposes of this Agreement, you and VFL shall immediately commence good faith negotiations to remedy such invalidity.


14. Except with the written consent of VFL, the Customer shall not make any press announcements or publicise this Agreement in any way. VFL shall be able to publicise this Agreement, together with your name and e-mail contact details as it wishes without requiring your permission to do so.


15. VFL and you acknowledge and agree that this Agreement shall not constitute, create or give effect to a joint venture, pooling arrangement, principal/agency relationship, partnership or formal business organisation of any kind and neither you nor VFL shall have the right to bind the other without the otherís express prior written consent.


16. A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.


17. You hereby indemnify VFL (and agree to keep VFL indemnified) against all costs, expenses, damages and fees of whatever nature (including but not limited to legal fees) that are incurred or expended by VFL as a result of any breach of these terms and conditions by you, including but not limited to the warranties set out in Clause 4 above.


18. This agreement shall be exclusively governed by the laws of England, and the English courts shall have exclusive jurisdiction over any dispute arising under it.

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