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Publishing Agreement
This Publishing Agreement is between you (the “Author”) and Daniel Errico, doing business as Freechildrenstories.com (the “Publisher”).
1. Background.
1.1 Publisher.
The Publisher operates a Web site located at www.freechildrenstories.com (the “Website”) on which the Publisher publishes original children’s stories and makes them accessible on the Internet for free.
1.2 Author.
The Author has written one or more original children’s stories (each a “Story”) and seeks to have the Publisher publish the Stories on the Website in accordance with this agreement.
1.3 Scope.
This agreement covers only the stories that the Author submits concurrently with this agreement. If the Author later wishes to publish additional stories on the Website, those stories will be covered by a separate agreement.
2. Submission.
The Author shall concurrently submit the Story(s) and this agreement. Currently there is no fee for publication. for each Story to the Publisher. The Submission is for Publication of the story (as described in Section 3) on the Website for a period of 12 months (the “Publication Period”). Once the Publication Period has passed the story will be taken down. Stories may be re-submitted if the Author chooses to do so after the Publication Period.
3. Publisher’s Review.
The Publisher shall have sole discretion as to the acceptance or rejection of each Story for publication. If the Publisher decides to publish a Story, the Publisher shall publish the Story on the Website as described in Section 4. The Publisher has no obligation to publish the Story.
4. Publication.
If the Publisher decides to publish a Story under Section 3, then the Publication Period begins on the first day that the Story is published on the Website.
4.1 Unique URL.
The Publisher shall publish the Story on a page of the Website that is accessible through the Website’s home page, the Website’s navigation tools, and a uniform resource locator (sometimes called a “URL” or a “link”) that is unique to the Story.
4.2 Age Range and Difficulty Level.
The Publisher shall, at the Publisher’s discretion, assign a recommended age range and difficulty level to the Story in accordance with the standard age ranges and difficulty levels in use on the Website.
4.3 Ranking.
Once published on the Website, the Story is eligible for listing in the Website’s “Most Recent” and “Top Stories” lists. The Story will only be included on the Website’s “Most Recent” and “Top Stories” lists if it meets the criteria for inclusion. “Top Stories” lists the highest rated stories on the Website based on rankings submitted by users. “Most Recent” lists the most recent stories to be published on the Website.
5. Illustrations.
The Author may submit images (the “Illustrations”) to accompany each Story along with the Story or at any time afterwards. All Illustrations, regardless of when submitted to the Publisher, are subject to this agreement.
6. License.
The Author grants the Publisher a non-exclusive, worldwide, non-royalty bearing license (the “License”) (a) to reproduce and publicly display each Story and its accompanying Illustrations through the Website and (b) to excerpt, summarize, and edit each Story and its accompanying Illustrations for purposes of promoting the Story and the Website. The License terminates when the Story is removed from the Website under Section 9; except that the License is perpetual for promotional material that the Publisher creates and publishes before the License otherwise terminates.
7. No Royalties or Revenue Sharing.
The Publisher derives advertising-based revenue and other revenue from patronage of the Website. The Author is not entitled to receive any royalties or other revenue from the Publisher. The sole benefit to the Author from publishing the Story and Illustrations on the Site is the exposure the Story and the Illustrations receive.
8. Permissions.
If a Story or the Illustrations to a Story contain material that is copyrighted or otherwise owned by others, the Author shall concurrently with this agreement provide Publisher with both of the following: (a) written notice to the Publisher that the Story or the Illustrations contain material that is copyrighted or otherwise owned by others; and (b) and written permissions necessary for the publication of all material contained in the Story or Illustrations that is copyrighted or otherwise owned by others.
9. Removal.
9.1 By Author.
The Author may request that their Story or its accompanying Illustrations be removed from the Website at any time upon notice to the Publisher. The Publisher shall, in accordance with the Author’s removal notice, remove the Story, the accompanying Illustrations, or both from the Website no later than 30 days from the date of confirmation of the Author’s removal notice.
9.2 By Publisher at Publisher’s Discretion.
The Publisher may, at the Publisher’s discretion, remove any Story or its accompanying Illustrations from the Website at any time upon notice to the Author. The Publisher shall, in accordance with the Publisher’s removal notice, remove the Story, its accompanying Illustrations, or both no later than 30 days from the date of the Publisher’s removal notice.
9.3 By Publisher for Breach or Claimed Breach.
The Publisher may remove any Story or its accompanying Illustrations from the Website immediately and without notice to Author, if the Author breaches or threatens to breach, or any third-party claims the Author has breached, any provision of this agreement.
9.4 After 12 Months.
The Publisher may remove the Story and its accompanying Illustrations from the Website immediately and without notice to Author at the expiration of the Publication Period. If the Author re-submits a Story or Stories after the Publication Period, the terms of this agree apply with equal effect.
10. Termination.
This agreement terminates when all of the Stories submitted concurrently with this agreement cease to be published on the Website. Sections 10 (Termination), 11 (Author’s Representations), 12 (Indemnification), 13 (Limitation of Remedies), 14 (Disclaimer of Warranties), and 15 (General Provisions) will survive termination of this agreement.
11. Author’s Representations.
The Author represents that:
11.1 Age.
The Author is at least 18 years old.
11.2 Ownership.
The Author owns all rights in the Stories and the Illustrations granted to the Publisher under this agreement.
11.3 Non-Infringement.
Neither the Stories nor the Illustrations infringe any copyrights.
11.4 Not Unlawful.
Neither the Stories nor the Illustrations are defamatory, invasive of rights to privacy or publicity, or otherwise unlawful.
11.5 Appropriate.
The Stories and the Illustrations are appropriate for children ages 10 and younger. Neither the Stories nor the Illustrations are obscene, contain obscenities, or otherwise inappropriate for children ages 10 and younger.
12. Indemnification.
The Author shall indemnify the Publisher and the Publisher’s spouses, heirs, successors, and assigns against all claims related to this agreement—including tort claims and claims that relate to the Publisher’s negligence—and against all attorney’s fees related to these claims.
13. Limitation of Remedies.
The Author is not entitled to strict liability, tort, consequential, incidental, lost profits, reliance, punitive, or exemplary damages. Once the Stories and Illustrations are published on the Website, they will be freely available on the Internet; the Author hereby waives any claim against the Publisher that relates to a third-party’s use of a Story or an Illustration in a manner that infringes the Author’s rights. If during a Story’s Publication Period the Website’s operation is interrupted or the Website becomes inaccessible for any reason for a continuous period of 24 hours or longer, then the Author’s sole remedy is that the Publisher shall, at the Author’s request, extend the Story’s Publication Period by the number of 24 hour periods that the Website’s operation is interrupted or that the Website is inaccessible.
14. Disclaimer of Warranties.
The Publisher provides the Website “as is,” and does not warrant that the Stories or Illustrations will be published error-free or that operation of the Website will be secure or uninterrupted. The Publisher disclaims all warranties not expressly stated in this agreement. The Publisher specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, or noninfringement.
15. General Provisions.
This agreement is the complete and final expression of the parties’ agreement on the matters contained in this agreement. Neither party has relied on any statement of the other party except for those expressly contained in this agreement. The parties may amend this agreement only by a written agreement signed by both parties. The Author shall not assign the Author’s rights or delegate the Author’s performance under this agreement, and any purported assignment or delegation by the Author is void. This agreement and any matter related to this agreement is governed by New Jersey law, without giving effect to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the federal and state courts located in New Jersey for any legal action or proceeding related to this agreement. The parties waive the right to object to any state or federal court in New Jersey as the proper and convenient venue for a legal action or proceeding related to this agreement.
16. Notices.
Any notice or other communication under this agreement (“Notice”) between the parties must be in writing and may be delivered only: (a) in person, with the date of notice being the date of personal delivery, (b) by United States mail, postage prepaid and return receipt requested, with the date of notice being the date of the postmark on the return receipt, (c) by fax, with confirmation of the transmittal of the fax and a copy of the fax deposited on the same day in the United States mail, with the date of notice being the date of the fax, (d) by e-mail, with confirmation of sending the e-mail and a copy of the e-mail deposited on the same day in the United States mail, with the date of notice being the date of the e-mail, or (e) by nationally recognized delivery service, with the date of notice being the date of delivery as shown on the confirmation provided by the delivery service.
17. Addresses.
Any Notice or delivery required under this agreement may be made as follows. If to the Author, then at the addresses provided to the Publisher concurrently with the submission of the Story. If to the Publisher, then to the following addresses:
1. Background.
1.1 Publisher.
The Publisher operates a Web site located at www.freechildrenstories.com (the “Website”) on which the Publisher publishes original children’s stories and makes them accessible on the Internet for free.
1.2 Author.
The Author has written one or more original children’s stories (each a “Story”) and seeks to have the Publisher publish the Stories on the Website in accordance with this agreement.
1.3 Scope.
This agreement covers only the stories that the Author submits concurrently with this agreement. If the Author later wishes to publish additional stories on the Website, those stories will be covered by a separate agreement.
2. Submission.
The Author shall concurrently submit the Story(s) and this agreement. Currently there is no fee for publication. for each Story to the Publisher. The Submission is for Publication of the story (as described in Section 3) on the Website for a period of 12 months (the “Publication Period”). Once the Publication Period has passed the story will be taken down. Stories may be re-submitted if the Author chooses to do so after the Publication Period.
3. Publisher’s Review.
The Publisher shall have sole discretion as to the acceptance or rejection of each Story for publication. If the Publisher decides to publish a Story, the Publisher shall publish the Story on the Website as described in Section 4. The Publisher has no obligation to publish the Story.
4. Publication.
If the Publisher decides to publish a Story under Section 3, then the Publication Period begins on the first day that the Story is published on the Website.
4.1 Unique URL.
The Publisher shall publish the Story on a page of the Website that is accessible through the Website’s home page, the Website’s navigation tools, and a uniform resource locator (sometimes called a “URL” or a “link”) that is unique to the Story.
4.2 Age Range and Difficulty Level.
The Publisher shall, at the Publisher’s discretion, assign a recommended age range and difficulty level to the Story in accordance with the standard age ranges and difficulty levels in use on the Website.
4.3 Ranking.
Once published on the Website, the Story is eligible for listing in the Website’s “Most Recent” and “Top Stories” lists. The Story will only be included on the Website’s “Most Recent” and “Top Stories” lists if it meets the criteria for inclusion. “Top Stories” lists the highest rated stories on the Website based on rankings submitted by users. “Most Recent” lists the most recent stories to be published on the Website.
5. Illustrations.
The Author may submit images (the “Illustrations”) to accompany each Story along with the Story or at any time afterwards. All Illustrations, regardless of when submitted to the Publisher, are subject to this agreement.
6. License.
The Author grants the Publisher a non-exclusive, worldwide, non-royalty bearing license (the “License”) (a) to reproduce and publicly display each Story and its accompanying Illustrations through the Website and (b) to excerpt, summarize, and edit each Story and its accompanying Illustrations for purposes of promoting the Story and the Website. The License terminates when the Story is removed from the Website under Section 9; except that the License is perpetual for promotional material that the Publisher creates and publishes before the License otherwise terminates.
7. No Royalties or Revenue Sharing.
The Publisher derives advertising-based revenue and other revenue from patronage of the Website. The Author is not entitled to receive any royalties or other revenue from the Publisher. The sole benefit to the Author from publishing the Story and Illustrations on the Site is the exposure the Story and the Illustrations receive.
8. Permissions.
If a Story or the Illustrations to a Story contain material that is copyrighted or otherwise owned by others, the Author shall concurrently with this agreement provide Publisher with both of the following: (a) written notice to the Publisher that the Story or the Illustrations contain material that is copyrighted or otherwise owned by others; and (b) and written permissions necessary for the publication of all material contained in the Story or Illustrations that is copyrighted or otherwise owned by others.
9. Removal.
9.1 By Author.
The Author may request that their Story or its accompanying Illustrations be removed from the Website at any time upon notice to the Publisher. The Publisher shall, in accordance with the Author’s removal notice, remove the Story, the accompanying Illustrations, or both from the Website no later than 30 days from the date of confirmation of the Author’s removal notice.
9.2 By Publisher at Publisher’s Discretion.
The Publisher may, at the Publisher’s discretion, remove any Story or its accompanying Illustrations from the Website at any time upon notice to the Author. The Publisher shall, in accordance with the Publisher’s removal notice, remove the Story, its accompanying Illustrations, or both no later than 30 days from the date of the Publisher’s removal notice.
9.3 By Publisher for Breach or Claimed Breach.
The Publisher may remove any Story or its accompanying Illustrations from the Website immediately and without notice to Author, if the Author breaches or threatens to breach, or any third-party claims the Author has breached, any provision of this agreement.
9.4 After 12 Months.
The Publisher may remove the Story and its accompanying Illustrations from the Website immediately and without notice to Author at the expiration of the Publication Period. If the Author re-submits a Story or Stories after the Publication Period, the terms of this agree apply with equal effect.
10. Termination.
This agreement terminates when all of the Stories submitted concurrently with this agreement cease to be published on the Website. Sections 10 (Termination), 11 (Author’s Representations), 12 (Indemnification), 13 (Limitation of Remedies), 14 (Disclaimer of Warranties), and 15 (General Provisions) will survive termination of this agreement.
11. Author’s Representations.
The Author represents that:
11.1 Age.
The Author is at least 18 years old.
11.2 Ownership.
The Author owns all rights in the Stories and the Illustrations granted to the Publisher under this agreement.
11.3 Non-Infringement.
Neither the Stories nor the Illustrations infringe any copyrights.
11.4 Not Unlawful.
Neither the Stories nor the Illustrations are defamatory, invasive of rights to privacy or publicity, or otherwise unlawful.
11.5 Appropriate.
The Stories and the Illustrations are appropriate for children ages 10 and younger. Neither the Stories nor the Illustrations are obscene, contain obscenities, or otherwise inappropriate for children ages 10 and younger.
12. Indemnification.
The Author shall indemnify the Publisher and the Publisher’s spouses, heirs, successors, and assigns against all claims related to this agreement—including tort claims and claims that relate to the Publisher’s negligence—and against all attorney’s fees related to these claims.
13. Limitation of Remedies.
The Author is not entitled to strict liability, tort, consequential, incidental, lost profits, reliance, punitive, or exemplary damages. Once the Stories and Illustrations are published on the Website, they will be freely available on the Internet; the Author hereby waives any claim against the Publisher that relates to a third-party’s use of a Story or an Illustration in a manner that infringes the Author’s rights. If during a Story’s Publication Period the Website’s operation is interrupted or the Website becomes inaccessible for any reason for a continuous period of 24 hours or longer, then the Author’s sole remedy is that the Publisher shall, at the Author’s request, extend the Story’s Publication Period by the number of 24 hour periods that the Website’s operation is interrupted or that the Website is inaccessible.
14. Disclaimer of Warranties.
The Publisher provides the Website “as is,” and does not warrant that the Stories or Illustrations will be published error-free or that operation of the Website will be secure or uninterrupted. The Publisher disclaims all warranties not expressly stated in this agreement. The Publisher specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, or noninfringement.
15. General Provisions.
This agreement is the complete and final expression of the parties’ agreement on the matters contained in this agreement. Neither party has relied on any statement of the other party except for those expressly contained in this agreement. The parties may amend this agreement only by a written agreement signed by both parties. The Author shall not assign the Author’s rights or delegate the Author’s performance under this agreement, and any purported assignment or delegation by the Author is void. This agreement and any matter related to this agreement is governed by New Jersey law, without giving effect to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the federal and state courts located in New Jersey for any legal action or proceeding related to this agreement. The parties waive the right to object to any state or federal court in New Jersey as the proper and convenient venue for a legal action or proceeding related to this agreement.
16. Notices.
Any notice or other communication under this agreement (“Notice”) between the parties must be in writing and may be delivered only: (a) in person, with the date of notice being the date of personal delivery, (b) by United States mail, postage prepaid and return receipt requested, with the date of notice being the date of the postmark on the return receipt, (c) by fax, with confirmation of the transmittal of the fax and a copy of the fax deposited on the same day in the United States mail, with the date of notice being the date of the fax, (d) by e-mail, with confirmation of sending the e-mail and a copy of the e-mail deposited on the same day in the United States mail, with the date of notice being the date of the e-mail, or (e) by nationally recognized delivery service, with the date of notice being the date of delivery as shown on the confirmation provided by the delivery service.
17. Addresses.
Any Notice or delivery required under this agreement may be made as follows. If to the Author, then at the addresses provided to the Publisher concurrently with the submission of the Story. If to the Publisher, then to the following addresses:
[801 Madison Street]
[Apt. 7N]
By clicking the “I agree to the Terms of Use and Publishing Agreement” box, you:
1. Confirm that you are at least 18 years old.
2. Accept this Publishing Agreement as a legally enforceable contract between you and Daniel Errico, doing business as Freechildrenstories.com.
You must read this entire agreement before you click on “I agree to the Terms of Use and Publishing Agreement.”
If you are under age 18 or you do not want to accept this Publishing Agreement, do not click on “I agree to the Terms of Use and Publishing Agreement” and do not submit your stories to Daniel Errico, doing business as Freechildrenstories.com.
You should print this agreement now so that you have a copy for your files.