Introduction

These are the terms and conditions (“Terms and Conditions”) for nighthawkstar.com (“Website”), which is operated by Nighthawk Star Unincorporated Nonprofit Association (“Nighthawk Star”, “We”, “Us” or “Our”), an unincorporated nonprofit association based in Edinburgh, Scotland.

1. Definitions

• “Work(s)” shall refer to any piece of original contribution submitted to the Website for Our consideration for publication in Our magazine. This includes, but is not limited to, fictional writing, non-fiction writing, poetry, philosophical essays, visual art and audio art.
  
  
• “Publication(s)” shall refer to any issue of our magazine made available via one-time purchase or on a subscription basis, in either digital or print format.
  
  
• “Guest” shall refer to an individual who accesses this Website without registering for an account.
  
  
• “Registered User” shall refer to an individual who has created an account on this Website but does not hold an active subscription. A Registered User may have completed individual purchases through or on this Website which are linked and accessible via their account.
  
  
• “Authorised User” shall refer to an individual who has created an account on this Website and holds an active subscription. An Authorised User is granted full access to the subscription-based services or content offered through or on this Website.
  
  
• “Contributor” shall refer to an individual who has submitted one or more Works to this Website, regardless of whether the submitted Work(s) is accepted or published.
  
  
• “Commercial Use” shall refer to the use of content for the purposes of direct or indirect monetary gain (whether by or for the Authorised User, or any other person, group, organisation or legal entity), including, but not limited to, the sale, resale, loan, transfer, hire, or other form of distribution or exploitation of the Website’s content. This includes all forms of content available on or through the Website, including user-generated content and Publications in both digital and print formats.
  
  
• “Educational Use” shall refer to non-commercial use for the purposes of private study, research, or scholarship. Such use must not involve redistribution or public display beyond what is necessary for personal academic activity.
  

2. Terms of Services (“Terms of Services”)

Your access or use of this Website, whether as a Guest, as a Registered User, as a Authorised User, or as a Contributor, will be subject to these Terms of Service (together with this Website’s Privacy and Cookie Policy and any other documents mentioned in it, as well as, where applicable, this Website’s Submission Guidelines, Our Publishing Agreement, and any other documents mentioned in them).

Accessing or using this Website constitutes your acceptance of these Terms of Service, and you agree to be bound by them. If you do not accept these Term of Service, please refrain from using this Website.

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Please be aware that We reserve the right to amend or update these Terms and Conditions at any time by making changes to this page, at Our sole discretion and without prior notice. Any changes will take effect immediately upon their posting to this Website. You are expected to check this page from time to time to take notice of any potential changes.

Continuing to access or use this Website following the posting of changes to these Terms of Conditions constitutes your acknowledgement and acceptance of the revised Terms and Conditions, and you agree to be bound by them.

If you have any questions about these Terms and Conditions, please do not hesitate to contact us at nighthawkstar.mag@gmail.com.

These terms and conditions were last updated on 15th June 2025.

TERMS OF SERVICES

  Introduction

Please read through the following Terms of Service carefully. These Terms of Service (together with this Website’s Privacy and Cookie Policy and any other documents mentioned in it, as well as, where applicable, this Website’s Submission Guidelines, Our Publishing Agreement, and any other documents mentioned in them) govern your access to and use of this Website, including all content, features, functionality, and services provided herein; and, set out the rights and responsibilities of both you, as a user, and Nighthawk Star Unincorporated Nonprofit Association (“Nighthawk Star”, “We”, “Us” or “Our”), as nighthawkstar.com’s (“Website”) operator. This Terms of Service is governed by and construed in accordance with the laws of Scotland; any disputes arising in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the Scottish judicial system. Notwithstanding the above, we reserve the right to bring proceedings against you for any breach of these Terms of Service in your country of residence or any other jurisdiction we deem relevant.

Accessing or using this Website constitutes your acceptance of these Terms of Service, and you agree to be bound by them. If you do not accept these Term of Service, please refrain from using this Website.

If you are found to be in breach of any of these Terms of Service, We reserve the right to remove your content from this Website, suspend your account or subscription, terminate your account or subscription, restrict or suspend your access to this Website, and/or pursue any legal action available to Us under the law.

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Please be aware that this Website is intended for use only by persons who are at least 13 years of age. This is in accordance with the UK General Data Protection Regulation (UK GDPR) and the Age Appropriate Design Code issued by the Information Commissioner’s Office (ICO).

By accessing or using this Website, you declare and confirm that you meet this age requirement. If you are under the age of 18, you declare and confirm that you have obtained permission from a parent or legal guardian before accessing or using this Website.

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This Website is hosted and powered by WordPress.com. Your use of this Website may also be subject to WordPress.com’s Terms of Service, which we strongly encourage you to read.

By accessing or using this Website, you declare and confirm your acknowledgement and acceptance of WordPress.com’s Terms of Service, and agree to be bound by them.

Please note that We do not control, endorse, guarantee or assume responsibility or liability for the terms or policies of WordPress.com.

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This Website may contain links to external websites operated by third-party service providers. We recommend reading the Terms and Conditions of these third-party sites before accessing or using any of them.

If you choose to access or use any third-party websites linked to this Website, you do so at your own risk.

Please note that We do not control, endorse, guarantee or assume responsibility or liability for the content, products, services, or policies of any third-party websites.

Table of Contents:

  1. Website Access

1.1. Changes to Access

Please be aware that access to this Website is granted on a temporary basis only. We do not guarantee or promise that you will be able to access the Website at all times, and we accept no liability for any unavailability, interruption of use, or other technical errors. We reserve the right, at Our sole discretion and without prior notice, to withdraw, restrict, suspend, or amend any part or all of the Website, including its services and content.

Please also be aware that this Website is provided on an “as is” and “as available” basis. We do not guarantee or promise continuous, uninterrupted, or error-free operation. We may, at any time and without notice, modify, suspend, or discontinue any aspect of this Website; We disclaim all liability for any loss or damage arising from such changes or interruptions.

1.2. Restricted Access

Please be aware that certain areas of this Website may be accessible exclusively to Registered Users who have completed individual purchases through or on this Website which are linked and accessible via their account and Authorised Users.

1.3. Account Registration

By registration for an account on this Website, you declare and confirm that all information provided during registration is accurate, complete, and current. In the event of any changes to this information, you are expected to promptly update the account information of your account on this Website.

Please also note that accounts on this Website are intended solely for personal, individual use by natural persons. By registering for an account on this Website, you declare and confirm that you are acting in your personal capacity and not on behalf of any company, corporation, organisation, or other legal entity.

Registration is subject to Our approval, and we reserve the right to decline any application for registration, at Our sole discretion and without providing a reason.

1.4. User Responsibilies

When you register for an account on this Website, We may issue, or you may choose, login credentials such as, but not limited to, an account number, username, and password. You are solely responsible for maintaining the confidentiality of your credentials and must notify Us immediately of any suspected security breach or unauthorized use of your account. In the event that a security breach or unauthorized use is reasonably suspected, We reserve the right to disable your credentials and terminate your account without prior notice, whether you are a Registered User or an Authorised User.

Please also note that you are responsible for making all arrangements necessary for you to have access to this Website, including obtaining and maintaining all equipment and services needed to access this Website. You are also responsible for ensuring that all persons who access this Website through your internet connection are aware of these Terms and Conditions and that they are compliant. We would like to make you aware that, for optimal performance and security, this Website supports the latest versions of Google Chrome, Mozilla Firefox, Microsoft Edge, and Apple Safari. Use of outdated or unsupported browsers may result in reduced functionality or display issues.

By using this Website, you acknowledge and consent to the collection, storage, use, and disclosure of said personal data in accordance with the provisions of this Website’s Privacy and Cookie Policy; and warrant that all personal data you provide to us is accurate, complete, and current.

  2. Website Content

2.1. Intellectual Property Rights

Unless otherwise stated, We are the owner or the licensee of all intellectual property rights in this Website and in the content published on this Website, including, but not limited to, text, graphics, images, video, and audio material.

Contributors grant Us a non-exclusive, one-time licence to use, reproduce, and publish their Work for a single instance of publication (whether digital or print), including associated promotion and archiving of that specific issue or publication. Please note that Contributors retain their copyright in any original Work they submit to this Website, and no further use, reproduction, or republication is permitted without the Contributor’s explicit written consent. All other content on the Website is protected by copyright and other intellectual property laws and treaties worldwide. All such rights are reserved unless explicitly stated otherwise.

Please be aware that no part of this Website or the content published on this Website, including, but not limited to, text, graphics, images, video, and audio material, may be used or reproduced in any form for the purpose of training, developing, or operating artificial intelligence (AI) technologies, including generative AI systems, without the express written permission of the rights holder. The rights holder expressly reserves all rights in this Website and its material from any text and data mining (TDM) exceptions, including those under section 29A of the Copyright, Designs and Patents Act 1988, as amended by United Kingdom law.

Please be assured that you may retrieve and display content from this Website on a computer screen; download and print extracts or individual pages from this Website or content on this Website; and, subject to the next paragraph, download and store extracts or individual pages from this Website or content on this Website.

Please note that you may only use this Website for personal, non-commercial purposes; any use of content from or on this Website for commercial purposes is prohibited without obtaining a licence from Us and/or Our licensors. You must not download, print, store or copy extracts or individual pages from this Website or content on this Website in a systematic or regular manner or otherwise so as to create a database in electronic or paper format that comprises all or part of the content appearing on this Website. Additionally, you also may not distribute, transmit or disseminate any part of the content on this Website without Our prior written permission.

Please also note that you must not modify the paper or digital copies of any content you have printed off or downloaded in any way. Illustrations, photographs, videos, audio sequences, graphics, and other non-text content must not be used separately from their accompanying text. All copyright and other proprietary notices displayed on this Website or in this Website’s content must be retained on any paper and digital copies you make.

If you download, print, and store any part of this Website’s content in breach of these Terms and Conditions, your right to access and use this Website will terminate immediately, and you must, at our discretion, return or destroy any copies of the content you have made.

2.2. Standards of Content

All content on this Website – including, but not limited to, user comments, user-submitted feedback, Works uploaded by Contributors, and any other files submitted through the forms on this Website’s – must comply with the Standards of Content set out below.

The following Standards of Content apply to any content uploaded or submitted to this Website, both in part and in whole:

• 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.
  

By uploading or submitting any content to this Website, you declare and confirm that the content, in part and as a whole, complies with these Standards of Content in every instance; and, you agree to indemnify and hold Us harmless from any claims, damages, losses, or expenses arising from your breach of this warranty.

2.3. Use of Content

Publication, in both Our magazine and on this Website, of any content uploaded or submitted to this Website is at Our sole discretion. We reserve the right to make additions, deletions, or edits to text or graphics prior to publication, or to refuse publication altogether, at Our sole discretion and without prior notice. Additionally, We reserve the right to remove any content from Our magazine and this Website if such content does not comply with Our Standards of Content, at Our sole discretion and without prior notice.

Any content you upload or submit to this Website that is not a Work, such as, but not limited to, user comments, user-submitted feedback, or inquiries regarding services and products, will be considered non-confidential and non-proprietary. By uploading or submitting such content to this Website, you grant Us a non-exclusive, perpetual, royalty-free, worldwide licence to store, publish, use, copy, distribute, and disclose such material in any format, including print or electronic. In the event a third party brings a claim that any content you upload or submit to the Website, that is not a Work, their violates intellectual property rights, infringes their right to privacy, or is defamatory, We reserve the right to disclose your identity to the claimant, subject to this Website’s Privacy and Cookie Policy.

Any Works uploaded or submitted to this Website by Contributors are subject to a separate non-exclusive, one-time licence granted to Us through Our Publishing Agreement. This licence permits Us to publish the Work, in both print and digital formats, in Our magazine. Copyright in the Work reverts to the Contributor after publication; and, all other rights in the Contributor’s Work remain with the Contributor unless otherwise agreed in writing.

For more information about this, please read Our Publishing Agreement.

2.4. Third-Party Advertising and Marketing

This Website and the contents of this Website may contain third-party advertisements. Any third party uploading or submitting content for inclusion on this Website or its contents for the purposes of advertising and marketing is solely responsible for said content, including ensuring that it complies with all relevant legislation, common law, regulation, and codes of practice.

We accept no responsibility or liability for the content of advertising or other third-party marketing material submitted to this Website, including, but not limited to, the accuracy, completeness, relevancy, legality, or general reliability thereof.

  3. Cyber Crime

  4. Our Liability

While We endeavour to ensure that all information on this Website — excluding user-generated content — is accurate, current, and reliable, the content on this Website, including, but not limited to, any statements, opinions, commentary, or other depictions, it is not intended to constitute authoritative or professional advice and should not be relied upon as such. You are strongly encouraged to verify any information independently, with Us, or with appropriate sources before acting upon it. This Website’s content – including content provided by Us and user-generated content –is made available “as is”. We disclaim all responsibility and liability to any user or third-party individual, group, organisation, or legal entity for the accuracy, completeness, relevancy, legality, or general reliability thereof.

Please also be aware that we cannot promise nor guarantee that this Website will be free from viruses, malware or other harmful code. It is your responsibility to ensure the appropriate security measures are in place to protect your devices and data. We disclaim all responsibility and liability for any loss or damage resulting from viruses, malware, cyberattacks – including, but not limited to, denial-of-service (DoS) attacks and distributed denial-of-service (DDoS) attacks – or other technologically harmful material that may may infect or damage your computer hardware – including both internal and external devices – software, data, or other proprietary material due to your use of this Website, your downloading of any content on this Website or through this Website, or use of any third-party site linked to this Website. Additionally, We also disclaim all responsibility and liability for any loss, damage or other consequence caused by any errors or omissions resulting from your own actions on this Website, including, but not limited to, incorrect input, failure to follow instructions, or misuse of this Website.

To the fullest extent permitted by law, We, our affiliates, and any third parties connected to Us or this Website expressly exclude:

• All implied warranties, conditions, representations, and other terms which may arise under statute, common law, or the law of equity.
  
  
• All responsibility or liability for any direct, indirect, incidental, special, or consequential losses or damages arising in connection with Us or this Website, or from use of, or inability to use, this Website or linked third party sites, including content posted therein, regardless of foreseeability or cause, including, but not limited to, negligence, tort or breach of contract.
  

By accessing and using this Website, you expressly acknowledge and agree that your use of this Website is strictly on an “as is” and at your sole risk. You hereby disclaim any responsibility or liability on Our part for any damage, loss, or harm arising from your use of this Website and/or any reliance placed on its content.

Please note that nothing in this disclaimer affects Our liability for death or personal injury resulting from Our negligence, nor does it exclude or limit any other liability which cannot be excluded or limited under applicable law.