Publisher Free Terms and Conditions
Last updated: August 20 2017.
By accepting this Agreement (including the Policies) you agree to be bound by it and also the User Agreements and posted terms and conditions on other websites operated by Publisher Free and its related and affiliated companies, to the extent that you use those websites.
We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective immediately. Your continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership with Publisher Free. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.
Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any of our Policies cannot be amended except in writing signed by you and Publisher Free.
In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.
Publisher Free is a Venue and a Service Provider
Publisher Free is an online crowdfunding service and acts as a venue to allow members who comply with Publisher Free's policies ("Writers") to offer certain goods ("Written Works") or experiences ("Rewards") to other Publisher Free members (invited individuals, groups and organisations - "Readers"). Readers can read all submitted Written Works for free and Writers obtain crowdfunding through a share of donations as well as funds raised through voting, sponsorship and advertising. Writers can also elect to enter our current competition for a chance to win cash prizes.
Publisher Free is not directly involved in the transaction between Writers and Readers. As a result, Publisher Free has no control over the quality, safety, morality or legality of any aspect of the Written Works listed, the truth or accuracy of the listings, the ability of the Writer to offer Rewards or the ability of Reader to pay for Rewards. Publisher Free cannot ensure that a Reader or a Writer will actually complete a transaction. Consequently, Publisher Free does not transfer legal ownership of Works or Rewards from the Reader to the Writer.
Publisher Free cannot guarantee the true identity, age, or nationality of a member.
You agree that Publisher Free is a venue and as such is not responsible or liable for any content, for example, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other members, or outside parties on Publisher Free. You use the Publisher Free service at your own risk.
Works on Publisher Free may be "works in progress" which are generally serialised works or "completed works." Payments from Readers to Writers are made in both categories. All payments are collected from Readers and made to Writers through the PayPal online payment service and/or the Publisher Free Credit/Debit Card Merchant facility. Publisher Free collects and transfers all donations and voting funds to the Writer immediately/automatically through the payment system. Prize money, the Writers share of advertising funds and Writers share off sponsorship funds are directed into the Prize Pool for release at the end of the current competition.
Publisher Free shall not be liable for the interactions with any organisations and/or individuals found on or through the Publisher Free service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on Publisher Free.
Publisher Free cannot be held liable for the actions of a Writer. Work Creators are wholly responsible for fulfilling obligations both implied and stated in any work listing they create. Publisher Free does not oversee the performance of any submitted work. Publisher Free reserves the right to cancel or remove a work or work listing for any reason at any time and members agree that all associated members' payments made for any purpose up to the time of removal or cancellation will not be recovered.
Publisher Free is not responsible for any damage or loss incurred as a result of any dealings on the Publisher Free platform. All dealings are solely between you and such individuals and/or organisations. Publisher Free is under no obligation to become involved in disputes between Readers and Writers, or between site members and any third party. In the event of a dispute, you release Publisher Free employees, partners and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
Publisher Free cannot guarantee the performance or reliability of the PayPal online payment service. Additionally, because of occasional failures of some credit cards, Publisher Free cannot guarantee the full receipt of the requisite funds donated, voted, pledged or otherwise payable to a Writer.
Writers and Readers must also agree and comply with the PayPal Acceptable Use Policy
Work Rewards and After Sales
Writers are able to offer Rewards for any Reader of their Work. By listing any Work Reward on the Site you warrant that you and all aspects of the Reward comply with Publisher Free's published policies. You also warrant that you may legally sell the Reward(s). You must accurately describe your Rewards and all terms of sale in your Work Description and the Reward description. Your listings may only include text descriptions, graphics, pictures, videos, photographs and other content relevant to the sale of that Reward. Each Reward must accurately and completely describe the item(s) or experiences on offer. If the "Available" quantity is more than one or unlimited, all items and/or experiences listed in that Reward tier must be identical. Each unique Reward must have its own listing as a new Reward.
All Writers are encouraged to outline seller policies for their Publisher Free Work. These policies may include, for example, shipping, returns, payment and selling policies. Writers must create reasonable policies in good faith and must abide by such policies. All seller policies must comply with Publisher Free's site-wide policies. Writers are responsible for enforcing their own reasonable seller policies. Publisher Free reserves the right to request that a Writer modify a seller policy.
All sales are binding. The seller is obligated to ship the Reward(s) or otherwise complete the transaction with the Reader, unless there is an exceptional circumstance, such as: (a) the Reader fails to meet the terms of the Writer's listing (such as payment method), or (b) the Writer cannot authenticate the Reader's identity. The Reader is obligated to deliver appropriate payment for Rewards purchased, unless there is an exceptional circumstance between the parties.
Publisher Free Sponsorships
The Publisher Free Sponsorship program permits any Customer (whether a member or otherwise) which includes individuals or organisations, to make a payment direct to Publisher Free which includes funds intended to support member writers generally, through contributions into the Publisher Free Prize Pool. These contributions are made to directly to Publisher Free for allocation/distribution at Publisher Free's discretion based on policies current at the time of payment and are non refundable. Sponsorship payments are not made directly to Works or Writers.
Publisher Free Advertising Program
The Publisher Free Advertisement Program (or also known as "Publisher Free Collection") service terms apply to all services provided to any person ('Customer') by Publisher Free. Customer includes organisations on whose behalf advertisements are placed and any media company or agency that arranges the advertisements for its clients or on whose behalf sponsorship advertisements are placed and any media company or agency that arranges the sponsorship advertisements for its clients.
Publication of Sponsorship Advertising
Subject to these Terms, Publisher Free will use its reasonable endeavours to publish sponsorship advertisements ('Advertisements') in the format and in the position specified by the service. Advertisements includes images and logos submitted for publication and content or information relating to published works.
Customer grants Publisher Free a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form or medium, online or other. Customer warrants that it is authorised to grant Publisher Free the licence.
Right to Refuse Advertising
Publisher Free reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by Publisher Free).
Right to vary Format, Placement or Distribution
Publisher Free will use reasonable efforts to publish Advertising in the format and in the position specified to the Customer. However, Publisher Free reserves the right to vary the placement of Advertising within a title or website or to change the format of Advertising (including changing colour to black and white).
Publisher Free will not be liable for any loss or damage incurred by a Customer arising from Publisher Free's failure to publish Advertising in accordance with a Customer's request.
Submission of Advertising
Customer warrants to Publisher Free that the publication of the Advertising does not breach or infringe:
- the Competition and Consumer Act (Cth) or equivalent State legislation;
- any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
- any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
- Federal or State privacy legislation or anti-discrimination legislation;
- any financial services law as defined in the Corporations Act 2001 (Cth); or
- any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Federal or a State Government.
Publisher Free will not be responsible for any loss or damage to any Advertising material left in its control.
Advertising submitted electronically must comply with Publisher Free's specifications. Publisher Free may reject the Advertising material if it is not submitted in accordance with such specifications.
If Customer is a corporation and the Advertising contains the price for consumer goods or services, Customer warrants that the Advertising complies with the component pricing provisions of the Competition and Consumer Act (Cth) and contains, as a single price, the minimum total price to the extent quantifiable at time of the Advertising.
Customer must not resell Advertising space to any third party without Publisher Free's consent.
If Advertising promotes a competition or trade promotion, Customer warrants it has obtained all relevant permits and indemnifies Publisher Free against any loss in connection with the Advertising.
Online Advertising Content
All online Advertising (including rich media) must comply with Publisher Free's advertising and image specifications current at the time of placement.
Publisher Free will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its ad-serving systems. Results from Customer or third party ad-servers will not be accepted for the purposes of Publisher Free's billing and assessment of Advertising.
Publisher Free is not liable for loss or damage from any internet or telecommunications failure.
Customer must promptly check proofs of Advertising (if provided to the Customer by Publisher Free) and notify Publisher Free of any errors in the proofs or in published Advertising.
Publisher Free does not accept responsibility for any errors submitted by the Customer or its agent, including errors in Advertising placed over the telephone.
The Customer must pre-pay for Advertising through direct payments by PayPal online payment service and/or the Publisher Free Credit/Debit Card Merchant facility.
The Customer must pay for Advertising (including relevant taxes), unless otherwise agreed. Customer must pay at the time of placement and Publisher Free will provide a tax invoice or adjustment note (as applicable).
Failure to Pay and Other Breach
If Customer breaches these terms, fails to pay for Advertising, Publisher Free may (in its discretion and without limitation):
- cancel any provision of credit to Customer;
- take proceedings against the Customer for any outstanding amounts;
- recover Publisher Free's costs including mercantile agency and legal costs on a full indemnity basis;
- cease publication of further Advertising or terminate an agreement for Advertising not published by Customer;
- exercise any other rights available at law.
Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors ('Agents') treat as confidential and will not disclose, unless disclosure is required by law:
- the terms of this Agreement;
- information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising prices;
- any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
- any information derived wholly or partly for any information
Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of Publisher Free in connection with the Advertising or other additional Publisher Free services.
Publisher Free excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Act and equivalent State acts) which cannot by law be excluded ('Non-excludable Condition').
Publisher Free limits its liability for breach of any Non-Excludable Condition (to the extent such liability can be limited) and for any other error in published Advertising caused by Publisher Free to the re-supply of the Advertising or payment of the cost of re-supply (at Publisher Free's option).
Publisher Free excludes all other liability to the Customer for any costs, expenses, losses and damages incurred in relation to Advertising published by Publisher Free, whether that liability arises in contract, tort (including by Publisher Free's negligence) or under statute. Without limitation, Publisher Free will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
The Customer indemnifies Publisher Free and its officers, employees, contractors and agents (the 'Indemnified') against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer's breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
Publisher Free reserves the right to restrict members sponsoring Publisher Free Works or revise the limitations on supporting Publisher Free Works, at any time and for any reason. We may also further restrict your ability to sponsor works depending on your country of residence.
Prohibited, Questionable and Infringing Rewards, Items and Activities
You are solely responsible for your conduct and activities on and regarding to Publisher Free and any and all data, text, information, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Publisher Free.
Your Content and your use of Publisher Free shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policies, any community guidelines, any work guidelines, or any applicable laws, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by your local government as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, or impersonate or intimidate any person (including Publisher Free staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack Publisher Free or modify another website so as to falsely imply that it is associated with Publisher Free;
- Appear to create liability for Publisher Free or cause Publisher Free to lose (in whole or in part) the services of Publisher Free's ISPs or other suppliers
Registering as a Publisher Free member and setting up a Work on Publisher Free is free.
Net funds received by Publisher Free are allocated as follows:
Writer Prize Pool
|Total to Writer
Last updated: August 20 2017.