Copyright

Draft Statement from Cambridge Legal People

These terms and conditions cover use of the [Collaboration Host] Wiki ("Vet Wiki Service"). The aim of the Vet Wiki Service is to stimulate [ ]... The Collaboration is made up of [ ]... However, certain terms of use are required to ensure that the Vet Wiki Service is a productive forum for all registered users. These terms cover issues such as your registration details, the use of copyright material, and the kind of contributions/submissions that are acceptable.

1. General

a) The Vet Wiki Service is offered by the [Collaboration Host] whose registered office is at [ ] and for the purposes of compliance with the Data Protection Act 1988 is the Data Controller [details required... ] b) Your use of the Vet Wiki Service on the website [http:// ]("the Website") is governed by these [Collaboration Host] Wiki Terms and Conditions of Use ("Terms of Use"). c) Your use of the Vet Wiki Service indicates your acceptance of the Terms of Use, as amended from time to time by the [Collaboration Host] in its sole discretion . You should check these every time you revisit the Website for any amendments. If any of the Terms of Use are unacceptable to you, you should discontinue using the Vet Wiki Service. d) By your acceptance of these Terms of Use, the [Collaboration Host] grants you a personal, non-exclusive, non-transferable right to use the Vet Wiki Service.

2. Registration

To use the Vet Wiki Service, you will be required to register. The registration process is outlined in this Clause. a) To use the Vet Wiki Service, you must register and obtain a unique user identification and password at [ ]. All information that you provide to the [Collaboration Host] must be truthful. You must not use an inappropriate user name and the [Collaboration Host] reserves the right to require you to submit a different user name if the chosen name is inappropriate or already in use. b) You agree to keep secure and not provide, disclose to or share with any third parties any username or password that you use to access the Vet Wiki Service, or any other personal information. c) You must not log into the Vet Wiki Service using a third party's username or password. You must not impersonate another person, or access another user's account or registration details. You must inform the [Collaboration Host] by sending an email to [ ] if you become aware of any misuse of your user details. d) Registration is open to [members of the Collaboration institutions?...........] e) The [Collaboration Host] will gather, use and store the personal data you submit in accordance with its Privacy Policy, found at [http:// ]. f) By registering, you agree that the [Collaboration Host] may use the personal data submitted at the time of registration to contact you for the purposes of the administration of the Vet Wiki Service. g) You may terminate your registration at any time by sending an email to [ ].

3. Wiki Content

a) If you contribute to [or edit] the Vet Wiki Service, you must take all reasonable care to ensure that your Contributions [and edits] are: accurate in all material respects and not misleading not defamatory, obscene, offensive, discriminatory or otherwise unlawful, and in compliance with b). b) You must only use the Vet Wiki Service and anything available from the Website for lawful purposes, and you must comply with all applicable laws, statutes and regulations. You must not use the Vet Wiki Service to: post, upload or otherwise transmit information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise unlawful upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence download any file or materials posted by another user that you know, or reasonably should know, cannot be copied or otherwise used harass, stalk, threaten or otherwise violate the rights of others harm or threaten to cause harm to minors impersonate anyone else or otherwise misrepresent your identity or status hack into the Website or any other related computer system, make excessive traffic demands, deliver viruses or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Website or any other website or damage or destroy the reputation of the [Collaboration Host] or any third party collect and process others' personal data , or advertise or offer to sell goods or services.

4. Licences

The following conditions govern the submission and use of Contributions: a) You need to be sure that you are able to disclose and use the materials that you contribute to the Vet Wiki Service, including permission or waiver from your employer (if applicable). You warrant that your Contribution [or edit] is your own original work, has not been copied from anyone or anywhere else and if it includes third party materials e.g. tables, graphs, charts, image slides, substantial text written by another, you have obtained sufficient rights to allow for these materials to be included in your Contribution and its distribution on the Vet Wiki Service. You acknowledge that the [Collaboration Host] may at its discretion contact you using your registration details to discuss your use of certain third party materials in your Contribution and any written permissions from rightsowners you have secured for submission of your Contribution to the Vet Wiki Service.

b) You should not upload any material or ideas that you wish to keep confidential. All Contributions are non-confidential. Any other information that you otherwise provide to the [Collaboration Host] will be treated as non-confidential unless received by the [Collaboration Host] in accordance with a formal written confidentiality agreemnet between you and the [Collaboration Host]. Please contact the [Collaboration Host] by email at [ ] if you wish to discuss such material or ideas.

c) i) By posting a Contribution to the Vet Wiki Service, you grant the [Collaboration Host] a non-exclusive, world-wide, royalty-free, perpetual, transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and make available to the public that Contribution without restriction, including for the purposes of the Vet Wiki Service. You acknowledge that the [Collaboration Host] may at its discretion contact you using your registration details to discuss your Contribution(s) with you further.

   ii)

You must not modify, adapt, copy, broadcast, distribute, transmit, reverse engineer, display, perform, reproduce, publish, license, create derivative works form, transfer, sell, lease, download, or store in any medium any Contributions or other content of the Vet Wiki Service for any purpose whatsoever without permission [of the Site? authors?...], except under statutory exception, including downloading and use of extracts of Contributions for your own personal and non-commercial use [if for teaching purposes, must define limits, e.g. posting bits in PowerPoint, on intranets, etc].

OR

c) i) By posting/uploading a Contribution to the Vet Wiki Service, you do so under the [Collaboration to choose: Creative Commons Attribution - Non-commercial - ShareAlike 2.0 England and Wales Licence, or Attribution - Non-commercial 2.0 England and Wales Licence, or Attribution - Non-commercial - No Derivatives 2.0 England and Wales Licence, available at http://creativecommons.org/worldwide/uk/ , or

GNU Free Documentation Licence at http://www.gnu.org/copyleft/fdl.html ]

ii) All Contributions to the Vet Wiki Service are submitted by contributors under the [CC Licence? GNU?...], meaning that you are allowed to use others' Contributions on the following terms [:...].

OR

a combination of above rights that sufficiently addresses use of Contributions by the Site and other users, and users' rights for use of materials on the Site outside the wiki.

5. Limitation of Liability

a) The [Collaboration Host] does not, and nothing in these Terms of Use shall act to, exclude or limit the [Collaboration Host's] liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. b) Subject to a), in no event shall the [Collaboration Host] be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising. c) Subject to paragraphs a) and b), the [Collaboration Host's] liability to you whether in contract, tort or otherwise in limited to [£ ].

6. No Warranty

a) You agree that your use of the Website and the Vet Wiki Service and any advice, recommendation, opinion or other information made available on the Website or Vet Wiki Service is on an "as is" and "as available" basis and that your use of the Website and the Vet Wiki Service is at your sole risk. On that basis, except as expressly set out in these Terms of Use, the [Collaboration Host] does not enter into conditions, warranties or other terms in relation to the Website or the Vet Wiki Service (including any implied term(s) relating to quality or fitnes for a particualar purpose).

7. Blocking Access and Removing Material

a) The [Collaboration Host] reserves the right in its absolute discretion to temporarily or permanently suspend your use of the Website, either of the Vet Wiki Service and/or your user account, if you breach these Terms of Use, or for any other reason, and to inform law enforcement agencies or other relevant parties or particular breaches at its discretion.

8. Links to Third Party Sites

a) The Website and the Vet Wiki Service may include links to external sites. The [Collaboration Host] is not responsible for the content of these sites and pages or for anything provided by them.

9. General and Governing Law

a) These Terms of Use are governed by and construed in accordance with laws of England and Wales and are subject to the exclusive jurisdiction of the English courts. b) The failure of the [Collaboration Host] to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of any such right or provision. c) If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and will not affect the validity or enforceablility of the remaining provisions d) These Terms of Use will remain in force and effect for as long as you are reistered to the Vet Wiki Service and the provisions of Clause 3, 4, 6, 7 and 9 shall continue after termination.