Terms and Conditions
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Publisher Free Terms and Conditions

Also see the Publisher Free Privacy Policy

Last updated: August 24 2017.

Welcome to the Publisher Free Terms and Conditions (or "Agreement"). This Agreement describes the terms and conditions that govern your use of our services at any site or mobile application owned and operated by Publisher Free (our "Site" or "Platform"), including Publisher Free.com and the Publisher Free mobile applications. Before you may become a member of our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and Publisher Free's policies, including its Privacy Policy (the "Policies"). These Policies change from time to time, and you agree that they form part of this Agreement. Our Privacy Policies may be accessed here: Privacy Policy. Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time). As you read this Agreement, you should also access and read the information contained in the other pages and websites referred to in this Agreement. 

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

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. 

Errors

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. 

Payment

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.

Confidentiality

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
- above;

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. 

Liability

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 
- Link directly or indirectly, refer or contain descriptions of goods, experiences or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Publisher Free. 
- Furthermore, you may not list any item on Publisher Free (or consummate any transaction that was initiated using Publisher Free's service) that, by paying to Publisher Free the listing fee or the final value fee, could cause Publisher Free to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use. 

Fees

Registering as a Publisher Free member and setting up a Work on Publisher Free is free.  

Funding

Net funds received by Publisher Free are allocated as follows:

Allocations
Donations
Vote+
Other Sources
Individual Writer
Writer Prize Pool
60%
20%
60%
20%
0%
50%
Total to Writer
Admin
80%
20%
80%
20%
50%
50%
Total
100%
100%
100%
Table 1: Funding Allocations

Supported Works 

In the case of works that are supported through "Vote Plus" or donations, Publisher Free will initiate a capture of all funds from Readers and transfer the funds to the Writer directly (minus the applicable Publisher Free fees).  The funds are transferred directly to the Writer's PayPal account. 

The payment process is initiated immediately and automatically upon receipt of funds. 

Delivery and Refunds

Funds collected for all works through the Publisher Free platform are non-refundable and Publisher Free is not responsible for issuing refunds to Readers. Publisher Free transfers the funds to the Writer immediately upon receipt.  Writers are under no obligation to refund funds to readers.  If, for any reason, Publisher Free is required to refund monies to Readers, the Writer will fully compensate Publisher Free for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs. Please contact   if you need further advice on this. 

The Writer is wholly responsible for meeting any obligation or Reward stated or implied in their work. Publisher Free is not responsible for the delivery of Rewards stated by Writers. Readers should contact the Work Creator if the delivery terms are not clearly stated in the work description. 

As with all Policies, fees may change for our services. We may also choose to temporarily change our fees policy and the fees for our services for promotional events (for example, free service days) and such changes are effective when we post the temporary promotional event. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in the currency of the work. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). 

You understand and agree that any attempt to make any charge back or otherwise reclaim or obtain a refund of or a credit against any fees paid for the service without first having obtained prior written consent to refund shall entitle Publisher Free to deactivate your account unless and/or until such time as the fees are repaid or a credit or refund is agreed with Publisher Free. Deactivation will include all access to the service including previously purchased additional features and/or the free aspects of Publisher Free. 

Furthermore, you may not list a work on our Site (or complete any transaction that was initiated using our service), if the payment to us of the service fee, would be likely to cause us to violate any applicable law, statute, ordinance or regulation, or if the item violates our current Prohibited, Questionable and Infringing Items list current at the relevant time. 

Electronic Communications

The communications between you and Publisher Free use electronic means, whether you visit the Site or send us emails, or whether Publisher Free posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Publisher Free in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Publisher Free provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. 

Support

Publisher Free does provide limited support for the Software or Service. However, Publisher Free may provide access to a protected forum for the User to send any questions and/or comments regarding the Software or Service. Publisher Free does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to support postings. 

Usage

Improper Usage of Publisher Free. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Publisher Free membership or access thereto if we determine that you have misused the Publisher Free service, violated the terms of this Agreement, or have otherwise used the Publisher Free service to conduct any fraudulent or illegal activity. 

In the event that an account is suspended or terminated for your breach of this Agreement (in each case as determined in Publisher Free's sole discretion), Publisher Free may suspend or terminate the account associated with such breach and any or all other accounts held by you or your affiliates, and your breach shall be deemed to apply to all such accounts. 

General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. Publisher Free will not be liable for any delay or failure to provide its services caused by a factor outside Publisher Free's reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). 

Your Information

Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the work information you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images). 

You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information. 

Your Information must not, in any way whatsoever, be potentially or actually harmful to Publisher Free or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by Publisher Free. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:

a. be false, inaccurate or misleading or deceptive; 

b. be fraudulent or involve the sale of counterfeit or stolen items; 

c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy; 

d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws); 

e. be defamatory, libellous, threatening or harassing; 

f. be obscene or contain any material that, in Publisher Free's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such 

g. contain any content that is prohibited or that, in Publisher Free's sole and absolute discretion, may be prohibited content.; 

h. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Publisher Free website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; 

i. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or 

j. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; 

Solely to enable Publisher Free to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Publisher Free will only use Your Information in accordance with our Privacy Policy (located here). We need this to use and display your content. 

Competitions

Writers are able to enter any and all works into the current Competition and this may include complete or incomplete (including serialised) Works.  The rules governing the Competition are provided in our Competition Rules (located here).

Tax & Legal Compliance

In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services including listing and supporting works. In particular, you must ensure that your activities, works you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant country based fair trading legislation. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (e.g. the sale of interests in real property ordinarily requires a written document to be created). 

Writers alone, and not Publisher Free, are responsible for ensuring that the work listing and any other activities conducted on the Publisher Free website are lawful. Writers must ensure that they comply with all applicable laws. Writers must also ensure that they strictly comply with this agreement and the policies which form part of the agreement. 

Writers should comply with country, state and federal regulations 

Writers should be aware that funds raised using Publisher Free could be taxable income. It is the Writers responsibility to declare the funds and comply with local tax laws. 

Governing Law

These terms and conditions are governed in all respects by the laws of Australia and any action arising under them or in any way connected with the Publisher Free service may be brought only in a court in Australia, subject to any law which is expressly inconsistent with this. 

Further Information 

Commercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years. 

Disputes between you and Publisher Free regarding our services, complaints or suggestions should be reported to Publisher Free Customer Support located at  



Last updated: August 24 2017.