Terms & Conditions

Last Updated: August 7, 2026

1. About These Terms

These Website Terms and Conditions (“Terms”) govern your access to and use of:

  • icaruswritingcollective.com;

  • submission forms operated by or on behalf of The Icarus Writing Collective;

  • digital publications and other content made available by The Icarus Writing Collective; and

  • related services, communications, and online activities that link to these Terms.

The Icarus Writing Collective (“Collective,” “the Collective,” “we,” “our,” or “us”) is operated by Kyle Ross Eber and Elizabeth Zarb.

By accessing or using the website, submitting work, or otherwise interacting with a service governed by these Terms, you agree to these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not use the website or submit work to the Collective.

These Terms form a legally binding agreement between you and Kyle Ross Eber and Elizabeth Zarb, as operators of The Icarus Writing Collective.

2. Privacy Policy

Our Privacy Policy explains how we collect, use, disclose, retain, transfer, and protect personal information.

By using the website or submitting work, you acknowledge that you have read our Privacy Policy.

Where consent is required for a particular form of data processing, your acceptance of these Terms does not replace any separate consent that applicable law requires us to obtain.

3. Changes to These Terms

We may amend these Terms where reasonably necessary to reflect:

  • changes to the website or our services;

  • changes to our submission or publication practices;

  • legal or regulatory requirements;

  • security considerations; or

  • organisational changes.

The revised Terms will be posted on the website with an updated effective date.

Changes apply prospectively unless applicable law permits otherwise.

Unless the parties expressly agree otherwise, a submission will ordinarily be governed by the version of these Terms that was presented when the submission was made.

Your continued use of the website after revised Terms take effect constitutes acceptance of the revised Terms.

4. Availability and Changes to the Website

We may modify, suspend, restrict, or discontinue any part of the website at any time.

We do not guarantee that:

  • the website will always be available;

  • submission periods will open at particular times;

  • any particular issue will be produced;

  • any content will remain online permanently;

  • links or embedded services will remain functional; or

  • website content will always be complete, accurate, or current.

We may perform maintenance, correct errors, modify site features, change hosting providers, or remove content without prior notice.

5. Permitted Use

Subject to these Terms, you may:

  • access and read material made publicly available through the website;

  • share links to website pages and published work;

  • quote brief portions of material with appropriate attribution where permitted by copyright law;

  • download an issue or other material where we intentionally provide a download function;

  • contact the Collective for legitimate purposes; and

  • submit work in accordance with the applicable submission guidelines.

Any permitted download is for personal, non-commercial use unless we expressly state otherwise.

No licence is granted except as expressly stated in these Terms or in a separate written permission.

6. Intellectual Property

A. Collective Materials

The website’s design, branding, logos, graphics, layout, editorial material, compilation, and original administrative content may be owned by or licensed to the Collective.

Except where law permits otherwise, you must not:

  • reproduce;

  • republish;

  • distribute;

  • sell;

  • licence;

  • publicly display;

  • modify;

  • adapt;

  • translate;

  • create derivative works from; or

  • commercially exploit

Collective-owned material without prior written permission.

B. Contributor Materials

Copyright in published writing, artwork, photography, and other contributor material ordinarily remains with the relevant contributor or rights holder.

The appearance of contributor material on the website does not mean that the material is in the public domain or available for unrestricted use.

You must obtain permission from the relevant rights holder before using contributor material unless the intended use is authorised by law.

C. Attribution

You must not remove, conceal, alter, or misrepresent:

  • an author or artist credit;

  • a copyright notice;

  • a source citation;

  • a trademark notice;

  • publication information; or

  • another rights-management notice.

D. No Implied Endorsement

Publication, attribution, or linking does not imply that a contributor, rights holder, or third party endorses the Collective, another contributor, or any external organisation.

7. Automated Access, Artificial Intelligence, and Text and Data Mining

To the fullest extent permitted by law, the Collective and its contributors expressly reserve all rights concerning automated access, reproduction, extraction, analysis, and reuse of website content.

You must not use any website content, submission, publication, metadata, or other material for:

  • training, developing, testing, benchmarking, or improving an artificial-intelligence system;

  • training or operating a large language model;

  • creating machine-learning datasets;

  • creating embeddings or vector databases;

  • generating synthetic writing, artwork, images, or other content;

  • text and data mining;

  • automated sentiment, stylistic, or authorship analysis;

  • systematic scraping, crawling, harvesting, or extraction;

  • building a competing archive, database, publication, or content service; or

  • reproducing or imitating a contributor’s voice, style, likeness, or work through automated means.

This prohibition applies whether the activity is conducted for commercial, research, nonprofit, or other purposes, except where an applicable law creates a mandatory exception that cannot legally be excluded.

For the purposes of Article 4(3) of Directive (EU) 2019/790 and implementing national legislation, all rights in content made available through the website are expressly reserved.

General-purpose search engines may index publicly accessible pages through standard, publicly recognised protocols, provided that the indexing does not involve generative-AI training, dataset creation, unauthorised republication, or circumvention of technical restrictions.

Accessibility tools used by an individual to access content are not prohibited by this section.

8. Prohibited Conduct

You must not:

  • use the website for an unlawful, fraudulent, deceptive, threatening, or abusive purpose;

  • violate another person’s copyright, trademark, privacy, publicity, confidentiality, moral, contractual, or other rights;

  • impersonate another person or misrepresent your identity, authority, affiliation, or age;

  • submit false or materially misleading information;

  • introduce malware, ransomware, spyware, malicious code, or harmful files;

  • probe, scan, or test the vulnerability of the website or a connected system without authorisation;

  • bypass security, access controls, submission limits, rate limits, or technical restrictions;

  • interfere with the operation or security of the website;

  • attempt to access another person’s files, communications, or submission information;

  • send spam, unsolicited promotions, or automated communications;

  • use the website to harass, threaten, intimidate, exploit, or unlawfully discriminate against another person;

  • scrape or systematically extract website content;

  • collect personal information about visitors or contributors without authority;

  • falsely suggest that the Collective endorses you, your work, or your organisation;

  • use Collective branding without permission; or

  • assist another person in doing any of the above.

9. Submission Guidelines

Submissions must comply with:

  • these Terms;

  • the submission guidelines published on the website;

  • any requirements stated in the relevant submission form;

  • any issue-specific call for submissions; and

  • any reasonable administrative instructions communicated by the Collective.

Where an issue-specific submission requirement conflicts with a general requirement in these Terms, the issue-specific requirement controls for that submission, except that it cannot override applicable law or a provision expressly stated to apply in all cases.

We may use third-party submission and storage services, including Google Forms, Google Drive, and Google Sheets.

Submitting work does not guarantee:

  • that feedback will be provided;

  • that a decision will be made by a particular date;

  • that the work will be accepted;

  • that accepted work will be published; or

  • that a planned issue will proceed.

10. Submission Warranties

By making a submission, you represent and warrant that:

  • you are the creator of the submitted work or are fully authorised by every relevant rights holder to submit it;

  • the information you provide is accurate and complete;

  • the submission is original and has not previously been published.

  • the submission does not infringe copyright, trademark, privacy, publicity, confidentiality, moral, contractual, or other rights;

  • the submission is not defamatory, fraudulent, unlawful, or submitted in breach of an obligation owed to another person;

  • all co-authors, collaborators, photographers, models, subjects, and other contributors have provided any permission required for submission and publication;

  • you have obtained appropriate permission concerning identifiable people, private locations, commissioned material, third-party artwork, photographs, correspondence, and other protected material;

  • any quotation, adaptation, translation, retelling, or use of source material is lawful and appropriately identified where required;

  • you have disclosed any simultaneous submission and will promptly notify us if the work is accepted elsewhere;

  • you have provided reasonable and accurate content warnings where requested;

  • the submitted files do not contain malware, malicious code, or concealed harmful material;

  • the submission complies with all applicable submission limits and formatting requirements;

  • the work was created by a human and was not generated, drafted, rewritten, illustrated, or materially produced using generative artificial intelligence or a large language model;

  • you have not concealed prohibited artificial-intelligence use;

  • you have not submitted the work under a false identity to evade a prior restriction; and

  • you have the legal capacity to make the submission or have obtained any necessary parental or guardian permission.

A warranty concerning publication status includes publication through print, websites, magazines, journals, books, social media, public newsletters, and other publicly accessible media, unless the applicable submission guidelines state otherwise.

Private workshops, password-protected critique groups, and personal drafts are not necessarily treated as prior publication, but we reserve the right to determine eligibility under the applicable submission call.

11. Artificial-Intelligence Submissions

Work generated or materially created using generative artificial intelligence, image-generation systems, or large language models is not accepted.

This prohibition includes the use of such systems to:

  • generate a complete work;

  • generate passages, scenes, dialogue, descriptions, images, or visual elements;

  • substantially rewrite human-created material;

  • imitate another person’s style;

  • fabricate quotations or sources; or

  • conceal the origin of generated content.

Ordinary spelling, formatting, and non-generative accessibility tools are not prohibited unless the applicable submission guidelines state otherwise.

Where we reasonably believe a submission violates this section, we may:

  • reject the submission immediately;

  • stop reviewing it;

  • withdraw an acceptance;

  • remove the work before or after publication;

  • request information about the creation process;

  • retain a limited compliance record;

  • refuse future submissions from the submitter; and

  • take other reasonable action necessary to protect the Collective and its contributors.

A submitter remains responsible for the accuracy of their warranties even where they relied on another person, platform, or service.

12. Licence for Editorial Review

By submitting work, you grant the Collective a limited, non-exclusive, worldwide, royalty-free licence to:

  • receive and store the submission;

  • make internal copies reasonably necessary for editorial review;

  • convert or reformat files for accessibility, compatibility, or review;

  • share the submission with authorised editors and readers;

  • conduct blind or partially blind review;

  • assess compliance with submission requirements;

  • communicate internally about the submission;

  • maintain reasonable editorial and administrative records; and

  • take reasonable steps to investigate suspected plagiarism, infringement, fraudulent information, or other guideline violations.

This review licence does not grant the Collective the right to publish the submitted work publicly.

The review licence ends when it is no longer reasonably necessary to administer the submission, subject to the retention provisions in our Privacy Policy and any legal, security, dispute-resolution, or recordkeeping requirement.

13. Editorial Decisions and Discretion

The Collective has sole editorial discretion, subject to applicable law.

We may:

  • accept or reject any submission;

  • reject a submission without providing a reason;

  • stop considering a submission;

  • request revisions;

  • withdraw an acceptance before publication;

  • postpone, restructure, or cancel an issue;

  • determine issue placement, sequence, layout, design, and presentation;

  • select excerpts for authorised promotion;

  • correct typographical, spelling, formatting, and production errors;

  • request approval for substantive editorial changes;

  • decide whether work is eligible for an issue or category;

  • decide whether to nominate work for an award;

  • decline to make an award nomination;

  • remove published work in exceptional circumstances; and

  • refuse future submissions where a submitter has seriously or repeatedly violated our requirements.

Where practical, we will consult an accepted contributor before making a material change to the substance or meaning of their work.

We may make minor formatting, typography, house-style, and accessibility changes without obtaining separate approval where those changes do not materially alter the work.

We may remove or decline to publish work where we reasonably believe that:

  • a warranty was false;

  • the work infringes another person’s rights;

  • required permission was not obtained;

  • the work contains prohibited AI-generated material;

  • publication would create a material legal or safety risk;

  • the contributor has engaged in fraud or serious misconduct connected to the submission;

  • the contributor has materially breached these Terms; or

  • removal is required by law.

Editorial acceptance is not a guarantee of publication.

14. Blind Review and Confidentiality

We aim to conduct blind or partially blind editorial review where practical.

Submitters must remove identifying information from files where required by the submission guidelines.

Blind review reduces the identifying information presented to readers, but it does not guarantee complete anonymity. An editor may need access to identifying information for:

  • administration;

  • accessibility;

  • conflict checks;

  • rights verification;

  • safeguarding;

  • legal compliance; or

  • communication.

The Collective is not responsible where a submitter includes identifying information in a file contrary to submission instructions or where the content of a work makes the creator’s identity apparent.

Submission does not create a general duty of confidentiality concerning ideas, themes, plots, concepts, styles, or subject matter. However, we will handle personal information and unpublished files in accordance with our Privacy Policy and reasonable editorial practices.

15. Honorariums

Unless the relevant submission call or acceptance communication states otherwise, the current standard honorarium is $5 USD for each accepted contributor.

Honorariums are ordinarily paid through PayPal or Venmo.

After acceptance, the contributor must provide:

  • accurate payment information;

  • any information reasonably needed to identify the recipient;

  • any required tax or compliance information; and

  • any required parental or guardian information where the contributor is a minor.

The expected payment timing will be communicated to the contributor.

A delay caused by missing, inaccurate, incomplete, or unsupported payment information is not a breach of these Terms.

If PayPal or Venmo is unavailable in a contributor’s country, the contributor should contact us promptly. We may offer another reasonable payment method at our discretion, but we cannot guarantee that an alternative method will be available in every country.

Unless we expressly agree otherwise:

  • an honorarium is stated in United States dollars;

  • currency-conversion charges are the contributor’s responsibility;

  • charges imposed by the contributor’s payment provider are the contributor’s responsibility;

  • contributors are responsible for their own tax obligations;

  • no employment, partnership, agency, or contractor relationship is created by payment of an honorarium; and

  • payment does not transfer the contributor’s copyright except to the extent expressly stated in the completed publication licence.

Where accepted work has multiple creators, the Collective may make one payment for the work. The creators are responsible for agreeing how that payment will be divided unless we expressly agree to a different arrangement.

A contributor may voluntarily decline or waive an honorarium by notifying us in writing.

We do not require a submission fee.

16. Donations, Support, and Merchandise

Any support payments made to the Collective, hosted through PayPal and Venmo, are voluntary contributions. These payments are non-refundable, are not tax-deductible, and will receive no goods, benefits, memberships, or services in return for the voluntary financial contribution. The Collective is not responsible for any PayPal or Venmo processing fees that may be applicable to the voluntary contribution.

Purchases of print copies are hosted and fulfilled by a third-party, print-on-demand service, Lulu.com, which is responsible for the physical printing of the purchased good and shipping. Any compliant regarding the quality of the print copy, questions on orders, issues with orders, and other customer service considerations are the sole responsiblity of Lulu.com.

Purchases of Collective merchandise are hosted and fulfilled by a third-party, print-on-demand service, Redbubble.com, which is responsible for the physical creation of the product as described via their website and shipping. Any compliant regarding the quality, questions on orders, issues with orders, and other customer service considerations are the sole responsiblity of Redbubble.com.

You are responsible for reviewing the terms and privacy practices of the relevant third party.

17. Third-Party Services

The website may link to, embed, or use services operated by third parties.

These may include services used for:

  • submission forms;

  • file storage;

  • email;

  • payment processing;

  • newsletters;

  • social media;

  • digital publication;

  • print-on-demand sales;

  • merchandise;

  • music or multimedia;

  • analytics; and

  • website hosting.

A third-party service is governed by its own terms, privacy policy, content rules, payment policies, and availability.

We do not control and are not responsible for:

  • third-party content;

  • service availability;

  • payment processing;

  • delivery;

  • refunds;

  • account restrictions;

  • data handling;

  • advertising;

  • security;

  • accessibility; or

  • changes made by the third-party provider.

A link or integration does not constitute endorsement.

You are responsible for reviewing the terms and privacy practices of the relevant third party.

18. No User Accounts, Comments, or Community Forum

The website does not currently provide:

  • public user accounts;

  • public comments;

  • discussion forums;

  • member profiles;

  • public reviews; or

  • general-purpose user uploads.

These Terms do not create a right to such features.

If a feature is added in the future, we may introduce additional terms before making it available.

19. Copyright and Other Rights Complaints

A. Global Rights Complaints

If you believe that material available through the website violates your copyright, moral rights, privacy, publicity, confidentiality, image rights, data-protection rights, contractual rights, or another legal right, you may send a written complaint to:

Email: icarusprivacy@gmail.com
Subject line: Rights Complaint

Your complaint should include:

  • your full name;

  • your contact information;

  • identification of the right you believe has been violated;

  • identification of the relevant work or protected material;

  • the exact website page, link, issue, or location of the disputed material;

  • an explanation of the alleged violation;

  • evidence that you own the right or are authorised to act for the rights holder;

  • the action you request;

  • a statement that the information you provide is accurate; and

  • your physical or electronic signature.

For a complaint involving an identifiable person, photograph, artwork, private information, model release, or consent issue, include enough information to explain your relationship to the material and the basis of the complaint.

We may:

  • request additional information;

  • temporarily restrict access to material;

  • consult the contributor or another rights holder;

  • preserve relevant records;

  • reject an unsupported or abusive complaint;

  • remove or modify material;

  • restore material where appropriate; or

  • take another action reasonably required by applicable law.

Submitting a complaint does not guarantee removal.

We will assess complaints under the laws that apply to the material, the parties, the Collective, and the place of publication or access.

Nothing in this process limits a right or remedy available under applicable national law.

B. DMCA Counter-Notifications

A person whose material has been removed or disabled following a DMCA notice may submit a counter-notification containing substantially:

  1. the person’s physical or electronic signature;

  2. identification of the removed material and its former location;

  3. a statement under penalty of perjury that the person has a good-faith belief that the material was removed or disabled because of mistake or misidentification;

  4. the person’s name, address, and telephone number;

  5. consent to the jurisdiction of the appropriate United States federal district court; and

  6. agreement to accept service of process from the person who submitted the original notice or that person’s agent.

We may provide a valid counter-notification to the person who submitted the original complaint.

Material may be restored where permitted by the DMCA unless we receive notice of a court action within the applicable statutory period.

C. Repeat Infringement

Where appropriate, we may refuse submissions from or terminate access for a person who repeatedly infringes copyright or other rights.

20. Contributor Views and Content

The opinions, beliefs, fictional portrayals, interpretations, and statements expressed in contributor work belong to the relevant contributor.

Publication does not necessarily mean that the Collective, its operators, its editors, or its readers endorse those views.

Literary and artistic works may address difficult, controversial, disturbing, political, religious, historical, or culturally sensitive subjects.

Content warnings are provided as an editorial aid and cannot identify every subject that a reader may find upsetting or objectionable.

21. General Disclaimers

To the fullest extent permitted by law, the website and its content are provided on an “as is” and “as available” basis.

We do not warrant that:

  • the website will be uninterrupted, timely, secure, or error-free;

  • files will never be lost or corrupted;

  • all website information is complete or current;

  • every error will be corrected;

  • the website will be compatible with every device or browser;

  • external links will remain available;

  • a submission will receive a response within a particular period;

  • publication will produce professional, financial, or reputational benefit; or

  • content will be suitable for every reader.

Website content is provided for literary, artistic, informational, and community purposes. It is not legal, financial, tax, medical, mental-health, or other professional advice.

You are responsible for maintaining your own copies of all work submitted to the Collective.

We are not a backup, archival-storage, or manuscript-recovery service.

Nothing in these Terms excludes an express promise made in a completed publication licence or another binding written agreement.

22. Limitation of Liability

To the fullest extent permitted by applicable law, The Icarus Writing Collective, Kyle Eber, Elizabeth Zarb, and Icarus editors and authorised representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to the website, a submission, or these Terms. This includes, where legally permitted, loss arising from:

  • interruption or unavailability of the website or submission system;

  • loss, corruption, or failed transmission of a submitted file;

  • delayed or unsuccessful communications;

  • postponement or cancellation of a submission period, issue, or publication;

  • reliance on information made available through the website;

  • loss of an opportunity, anticipated publication, revenue, reputation, or other consequential benefit; or

  • the acts, omissions, availability, or technical failures of an independent third-party service.

You are responsible for retaining your own copies of all material submitted to Icarus. Except for liabilities that cannot lawfully be limited or excluded, the total aggregate liability of Icarus, Kyle Eber, and Liz Zarb arising from or relating to the website, a submission, or these Terms will not exceed $100 USD. This limitation does not:

  • relieve Icarus of an honorarium or other payment that it has expressly agreed to pay;

  • limit liability for fraud or wilful misconduct;

  • limit liability to the extent that applicable law prohibits liability for fraud or wilful misconduct;

  • limit liability to the extent that applicable law prohibits such a limitation;

  • limit any mandatory statutory right or remedy that cannot lawfully be waived; or

  • authorise Icarus to use a contributor's work beyond the rights granted by the contributor.

Some jurisdictions do not permit certain exclusions or limitations of liability. Where such a rule applies, this section will operate only to the maximum extent permitted by applicable law. Nothing in these Terms is intended to deprive a consumer, contributor, minor, or other person of a mandatory legal protection that cannot lawfully be excluded by agreement.

23. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold Kyle Ross Eber, Elizabeth Zarb, The Icarus Writing Collective, and their editors and authorised representatives harmless from third-party claims, losses, liabilities, damages, judgments, and reasonable legal expenses arising from:

  • your material breach of these Terms;

  • a false submission warranty;

  • your infringement of another person’s rights;

  • your failure to obtain required permission;

  • fraud or deliberate misrepresentation;

  • prohibited AI-generated material; or

  • unlawful use of the website.

This obligation applies only to the extent that the claim results from your act, omission, material, or breach.

We will provide reasonable notice of an indemnified claim where practicable.

You must not settle a claim in a manner that admits wrongdoing by, imposes obligations on, or restricts the rights of the Collective or its operators without prior written consent.

This section does not apply to a consumer or minor to the extent that applicable law prohibits or restricts the indemnification obligation.

24. Suspension, Rejection, and Termination

We may suspend or terminate access, reject submissions, withdraw consideration, or restrict future interaction where we reasonably believe that a person has:

  • violated these Terms;

  • submitted prohibited AI-generated material;

  • infringed another person’s rights;

  • provided fraudulent information;

  • attempted to evade a submission restriction;

  • threatened or harassed an editor, reader, contributor, or visitor;

  • interfered with the website;

  • created a security risk; or

  • exposed the Collective or another person to material legal risk.

Where appropriate, restrictions may be permanent.

Termination does not affect provisions that are intended by their nature to survive, including provisions concerning:

  • intellectual property;

  • publication and archival rights;

  • warranties;

  • payment records;

  • rights complaints;

  • disclaimers;

  • liability;

  • indemnification;

  • governing law; and

  • dispute resolution.

25. Governing Law and Ordinary Courts

These Terms and any non-contractual dispute arising from them are governed by the laws of the State of New York, United States, without regard to conflict-of-law principles.

Subject to any mandatory rights that apply to you, the state and federal courts located in New York, United States, will have exclusive jurisdiction over disputes arising from these Terms, the website, or a submission.

The parties agree to ordinary court proceedings. These Terms do not require private arbitration and do not contain a class-action waiver.

Before filing proceedings, a party should send written notice describing:

  • the dispute;

  • the relevant facts;

  • the requested resolution; and

  • current contact information.

The parties will attempt in good faith to resolve the dispute informally for at least 30 days after the notice is received, unless urgent injunctive relief or a limitation period makes delay unreasonable.

International Users

The website and submission process are accessible internationally.

A choice of United States or state law does not deprive a consumer, minor, contributor, or other protected person of mandatory rights that cannot lawfully be waived under the laws applicable in their country of residence.

Where applicable law permits a person to bring proceedings in their home jurisdiction, nothing in these Terms requires that person to surrender that mandatory right.

Nothing in these Terms limits:

  • mandatory consumer protections;

  • data-protection rights;

  • copyright or moral rights that cannot be waived;

  • protections applicable to minors;

  • statutory rights concerning unfair contractual terms; or

  • another right that applicable law does not permit the parties to exclude.

26. Events Outside Our Reasonable Control

We are not responsible for delay, suspension, cancellation, or failure caused by events outside our reasonable control.

These may include:

  • internet or hosting failures;

  • cyberattacks;

  • service-provider outages;

  • data loss;

  • natural disasters;

  • fire;

  • flood;

  • epidemic or pandemic;

  • war;

  • civil disorder;

  • governmental action;

  • labour disruption;

  • payment-network interruption;

  • illness or incapacity;

  • loss of key editorial personnel; or

  • interruption of printing, shipping, or publication services.

Where practical, we will take reasonable steps to minimise disruption.

27. Electronic Communications

You agree that we may communicate with you electronically concerning:

  • submissions;

  • editorial decisions;

  • publication;

  • contributor information;

  • honorariums;

  • rights complaints;

  • privacy;

  • security; and

  • changes to relevant terms.

Electronic acceptance, including acceptance through a checkbox, form submission, email confirmation, or comparable electronic action, may constitute a signature and agreement where permitted by law.

You are responsible for maintaining an accurate email address and checking communications associated with your submission.

28. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign these Terms as part of:

  • an organisational restructuring;

  • transfer of the Collective;

  • succession to a new operator;

  • merger;

  • sale of relevant assets; or

  • comparable transition.

Any assignment remains subject to applicable law and the rights of contributors.

A publication licence concerning an accepted work may be assigned only as permitted by the completed licence terms.

29. Severability

If a court or other competent authority determines that part of these Terms is invalid, unlawful, or unenforceable, that part will be interpreted or modified to the minimum extent necessary to make it enforceable.

If modification is not possible, the affected part will be severed.

The remaining provisions will continue in effect.

30. No Waiver

A failure or delay in enforcing a provision of these Terms does not waive the right to enforce it later.

A waiver is effective only if made clearly and in writing.

31. Entire Agreement and Order of Priority

These Terms, the Privacy Policy, the applicable submission guidelines, and any issue-specific submission terms form the agreement governing website use and submissions.

For an accepted work, the completed publication licence and any specific written acceptance terms will also form part of the agreement.

If documents conflict, the following order of priority applies:

  1. a specific written publication agreement or accepted-work licence;

  2. issue-specific submission terms;

  3. the submission guidelines;

  4. these Terms; and

  5. general informational website content.

A document controls only in relation to the subject it addresses.

32. No Partnership or Agency

Nothing in these Terms creates:

  • employment;

  • partnership;

  • joint venture;

  • fiduciary duty;

  • agency;

  • franchise; or

  • exclusive professional representation

between a user or contributor and the Collective, its operators, or its editors.

A contributor has no authority to bind the Collective.

33. Third-Party Beneficiaries

Except for contributors and rights holders whose rights are expressly protected by the intellectual-property, automated-use, and rights-complaint provisions, these Terms do not create enforceable rights for a person who is not a party to them.

34. Headings

Headings are included for convenience and do not limit or change the meaning of these Terms.

35. Contact

Questions about these Terms may be sent to:

The Icarus Writing Collective
Legal operators:
Kyle Ross Eber and Elizabeth Zarb
Email: icarusprivacy@gmail.com

Use the subject line:
Website Terms Enquiry