(Release Form & Limited Use License)

These Terms of Agreement (“agreement”, “terms”) will help the Contributor (“I”, “me”, “the Submitter”) understand how Nighthawk Star Unincorporated Nonprofit Association (“Nighthawk Star”, “We”, “Us” or “Our”) uses my Contribution (“the Materials”, “work”, “piece”, including, but not limited to, text, graphics, and images).

TO: Nighthawk Star Unincorporated Nonprofit Association.

Email: nighthawkstar.mag@gmail.com

I am voluntarily submitting to Nighthawk Star Unincorporated Nonprofit Association (“Nighthawk Star”) the below referred to Contribution with the following understanding. I understand that Nighthawk Star is a biannual online and in print literary and art magazine which includes Works from contributors.

Nighthawk Star develops original materials and literary properties for production, publication and distribution of a biannual magazine. As a result, Nighthawk Star has developed or has received many Contributions, Materials, or ideas relating to fiction, non-fiction, poetry, philosophical essay, and art. It is possible that such Contributions may be similar to the Materials submitted by me to Nighthawk Star and that Nighthawk Star may represent others with respect to similar, or competitive materials. I hereby waive any and all claims and/or rights of action against Nighthawk Star for such use of similar materials. However, I acknowledge that a dispute may arise with any person (“Plagiariser”) who may have submitted similar or identical Materials to my own. I therefore maintain my right to challenge the Plagiariser under copyright law.

Nighthawk Star has informed me that it will not proceed with the publication of my Materials unless it obtains complete protection against the possibility of any claims made against Nighthawk Star. As a result, I acknowledge and understand that Nighthawk Star will not proceed with the publication of Materials submitted to it by contributors without first obtaining the guarantee that the Materials submitted are the original Work of the submitter and that they agree to the terms of this contract.

I hereby acknowledge and agree as follows:

1. I am voluntarily licensing and giving permission to Nighthawk Star to publish my Materials in the upcoming print and digital issue. These terms act as a Limited Use License for Nighthawk Star, which is valid for the upcoming print and digital issue only. The serial name of the issue is listed above.
   
   
2. That Nighthawk Star’s use of Submissions containing elements similar to those contained in my Materials shall neither obligate Nighthawk Star to negotiate with me or entitle me to any compensation. I waive my right to challenge Nighthawk Star directly about a similar Submission to my own because Nighthawk Star has a legal right to use similar Submissions.
   
   
3. If any part of my submitted Materials are not novel or original, I hereby waive any and all claims and/or rights of action against Nighthawk Star and I hereby acknowledge that other Submitters, whose Work I plagiarised, may make claims against me.
   
   
4. If Nighthawk Star is not made aware of an issue related to plagiarism and/or unoriginality prior to publication, Nighthawk Star has the legal right to use and publish said Materials. I acknowledge that I waive any and all claims and/or rights of action against Nighthawk Star for the inclusion of such Materials. However, I maintain my right to challenge the Plagiariser under copyright law. I acknowledge that a dispute may arise with any Plagiariser who may have submitted similar or identical Materials to my own.
   
   
5. That I rely on my rights under the copyright laws of the United Kingdom and that Nighthawk Star has no obligations to me (other than those obligations required by copyright law), unless and until a formal written agreement is entered into, at which time such obligations shall only be those expressed in such formal written agreement.
   
   
6. That I represent and warrant to Nighthawk Star that the Materials are original, that no other persons have any rights in the Materials, that I am the sole owner and author of the Materials, that my use or Nighthawk Star’s use of the Materials does not contravene the rights of any person and that I have the full right and authority to submit these Materials to Nighthawk Star. Nighthawk Star reserves the right to remove my content from the magazine without my consent should it be discovered that it is not original.
   
   
7. That my Materials in no way violate the Standards of Content outlined below:
   
   
   • All statement of facts must be accurate.
     
   • All opinions expressed must be genuinely held by the author.
     
   • All content must be your own, original work.
     
   • All content must comply with all applicable laws of the United Kingdom. Additionally, if content is uploaded or submitted from outside the United Kingdom, it must also comply with the laws of the country from which you are accessing this Website.
     
   • Content must not be obscene, offensive, hateful, inflammatory, or gratuitously sexually explicit or violent, or attempt to incite violence.
     
   • Content must not promote, incite or assist any illegal activities. However, depictions or references for artistic, educational, journalistic, or informational purposes are permitted.   
     
   • Content must not be defamatory towards any individual, group, organisation, or legal entity, violate another person’s privacy rights, or contain any other unlawful content.
     
   • Content must not infringe any copyright, database right or trademark of any individual, group, organisation, or legal entity. 
     
   • Content must not be generated or assisted by artificial intelligence (AI), whether in part or in whole.
     
   • Content must not be made in violation of any legal duty owed to a third party, such as, but not limited to, a contractual duty or a duty of confidence.
     
   • Content must not be used to impersonate any individual, group, organisation, or legal entity.
     
   • Content must not be used to misrepresent your identity or falsely suggest any affiliation with any individual, group, organisation, or legal entity.
     
   • Content must not falsely imply or give the misleading impression that We endorse, support, or are affiliated with any product, service, organisation, or commercial activity.
     
   • Unless the content in question is a Work that has been selected by Us for publication in Our magazine, it must not give the impression that it originates or emanates from Us, or is endorsed by Us.
     
   • Content must be uploaded or submitted only by natural persons acting in their personal capacity. Uploads or submissions made on behalf of companies, organisations, or other legal entities are not permitted unless expressly authorised by Us in writing.
     
     
8. That my Materials are not published in any way (e.g., magazine, website or social media platform) until after my Submission has been published in print. Nighthawk Star reserves the right to remove my content from the magazine without my consent should it be discovered that it has been published prematurely.
   
   
9. That I have retained a duplicate copy of the Materials submitted to Nighthawk Star and release Nighthawk Star from liability or obligation to me for loss, damage or destruction of the Materials. I understand, acknowledge and agree that Nighthawk Star is under no obligation to retain or return any Materials submitted.
   
   
10. That Nighthawk Star has the non-exclusive, worldwide first serial rights to publish the Materials submitted in print and digital format. Nighthawk Star also has the archival rights to retain my Materials in perpetuity in the form of back issues, in print and digital format. Nighthawk Star shall be able to re-publish my material, in case of a contest or similar feature, for up to 1 year after the date that this Form is signed. I understand, acknowledge and agree that Nighthawk Star has the right to publish any Materials submitted. All rights revert to me immediately upon publication.
    
    
11. If my Materials are a translation of a work originally written by another person, I confirm that the original work is in the public domain in the United Kingdom or that I have obtained all permissions required from the copyright owner(s) of the original work to produce this translation, and to allow Nighthawk Star to publish it in print and digital formats and retain an archival copy for reproduction and/or sale. I agree to provide evidence of such permission upon the request of Nighthawk Star within 14 days of the request. If evidence is not received by that date, Nighthawk Star may withdraw acceptance of my Materials. I confirm that I am the author of the translation and hold copyright in it, and I grant Nighthawk Star the same non-exclusive first serial and archival rights over the translation as set out in this Agreement. Nighthawk Star shall credit both the original author and me as translator.
    
    
12. Nighthawk Star, as referred to herein, shall be deemed to include all parent, affiliated, subsidiary and related companies of Nighthawk Star together with its publishers, editors, employees, agents and contractors.
    
    
13. I certify that the person or ALL person(s) in any photographs in the Materials are at least 18 years of age and they have consented for the inclusion of their photograph in the print and digital issue of Nighthawk Star. If they are under the age of 18, I certify that their parent or legal guardian has given approval.
    
    
14. I give the right for Nighthawk Star to make any edits to the Materials that they deem necessary (e.g. crops/resizing of font) to fit the publication. However, Nighthawk Star will inform me and seek my approval if any substantial editorial changes are made to the content of my Work.
    
    
15. I give the right for Nighthawk Star to include my name, bio and headshot in the paperback and digital magazine unless I have asked to be published anonymously. I also give the right for Nighthawk Star to post on their social media channels and their website about my Work including the title and category of the contribution; up to 10 lines of poetry, up to 1 paragraph of fiction/nonfiction/philosophical essay, or up to 1 artwork/photo; my name and my social media handles – unless I have asked to be published anonymously or expressly stated in an email or similar that I do not wish for any or all the items and/or personal information listed above to be posted on Nighthawk Star’s social media. However, Nighthawk Star will not use this information in any way apart from the stated ones.
    
    
16. I shall credit Nighthawk Star as the initial publisher of my Materials in the event that they are published elsewhere in the future.
    
    
17. I retain all other rights, including full copyright, to my Materials not specified here.
    
    
18. I confirm that I have read and understood the terms of this Agreement.
    
    

To download this Publishing Agreement as a pdf, please click here.

To download this Publishing Agreement as a word document, please click here.