Terms and conditions

Terms and conditions

The Publish.org web site is operated by PUBLSH DOT ORG C.I.C, a UK company number 09925102, with a registered office at Chynoweth House, Suite 2838, Trevissome Park, Truro, TR4 8UN, United Kingdom.

These Terms and Conditions govern your use of the Publish.org Site, your membership with Publish.org (“we” or “us”) and the submission and commissioning of articles for publication. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Publish.org Site. If you have any questions on the Terms and Conditions, please contact by emailing the user support team at help@publish.org.

1 USE OF THE PUBLISH.ORG SITE

The Publish.org Site is provided to you for your personal use subject to these Terms and Conditions. By using the Publish.org Site you agree to be bound by these Terms and Conditions.

2 AMENDMENTS

We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Publish.org Site. Any material changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Publish.org Site. The changes will apply to the use of the Publish.org Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Publish.org Site. If you continue to use the Publish.org Site after the date on which the change comes into effect, your use of the Publish.org Site indicates your agreement to be bound by the new Terms and Conditions.

3 MEMBERSHIP

3.1 Membership Registration

3.1.1 To participate in the Publish.org community, you are required to register as a member.

3.1.2 To register as a member on the Publish.org Site you must be over eighteen years of age.

3.1.3 You must ensure that the details provided by you on registration or at any time are correct and complete.

3.1.4 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

3.1.5 We reserve the right to accept or refuse membership in our discretion. Your membership contract with us will be concluded once you receive email confirmation of your Publish.org membership.

3.1.6 You may not transfer or assign your membership which is personal to you.

3.2 Password and Security

3.2.1 When you register to use the Publish.org Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting help@publish.org immediately.

3.2.2 If we have reason to believe that there is likely to be a breach of security or misuse of the Publish.org Site, we may require you to change your password or we may suspend your account.

3.3 Publish.org's Right to Suspend or Cancel Your Membership

3.3.1 We may suspend or cancel your membership immediately at our reasonable discretion or if you breach:

(a) any of your obligations under these Terms and Condition;

(b) or act other than in accordance with the Publish.org Community Guidelines.

3.3.2 The suspension or cancellation of your membership and your right to use the Publish.org Site shall not affect either party's statutory rights or liabilities

4 INTELLECTUAL PROPERTY

4.1 The content of the Publish.org Site is protected by copyright, trade marks, database right and other intellectual property rights.

4.2 You (as a Publish.org member) may copy, distribute, transmit and adapt articles published on the Publish.org Site subject to:

(a) such use being non commercial use;

(b) attributing such use of the article as follows: “This article has been published first on Publish.org”

(c) unless otherwise stated on the relevant article, such use otherwise being fully governed and in accordance with the Creative Commons Attribution Non Commercial 3.0 licence which can be accessed via http://creativecommons.org/licenses/by-nc/3.0/legalcode; and

(d) ensuring all third party rights within all images, diagrams, photographs or other illustrative material, not owned by the author are cleared independently and appropriately and any Publish.org trade marks or logos are removed from the article before further publication.

5 YOUR USE OF THE PUBLISH.ORG SITE

5.1 You may not use the Publish.org Site for any of the following purposes:

(a) disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;

(b) transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;

(c) interfering with any other person's use or enjoyment of the Publish.org Site; or

(d) making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

5.2 You will be responsible for our losses and costs resulting from your breach of this clause 5.

6 COMMUNITY STANDARDS AND GUIDELINES

6.1 Publish.org actively encourages participation by the Publish.org community (both writers and readers) including commenting, debating and providing insight and knowledge during the writing process.

6.2 Our aim is to ensure this platform is inclusive and safe, and that the Publish.org Site provides a healthy, active, supportive, productive and interesting place for people to collaborate on journalism projects.

6.3 Publish.org reserves the right to take steps or implement measures which we hope will benefit the whole community of the Publish.org community participants. Moderation procedures may include removing user comments and suspending or terminating membership.

6.4 Members must adhere to the Publish.org Community Guidelines.

7 TERMS APPLICABLE TO WRITERS

7.1 Submission of Proposals

7.1.1 Publish.org publishing schedules vary. Proposals or Pitches for articles should be submitted according to the date specified by the Commission in which the pitch was submitted.

7.1.2 Guidelines for writers creating Proposals can be found at: http://www.publish.org/howtosubmitapitch. We recommend that you read these guidelines carefully before you submit Pitches for consideration by Commissioners and the Publish.org community.

7.1.3 When submitting a Pitch, you must also specify the fee you wish to receive as payment if the Pitch is commissioned and all and any associated costs and expenses to be incurred with the writing and researching of the Pitch (the “Fee”). No other payment, other than the Fee will be paid for any Commissioned Contribution and therefore it is important to take care to include all costs when specifying the amount you wish to receive for the Commissioned Contribution.

7.1.4 All Pitches must be in compliance with the Publish.org Community Guidelines. We reserve the right to reject any proposal that is not in compliance with the Publish.org Community Guidelines.

7.1.5 If approved, the Pitch will be released to the Commissioner and the Publish.org community for consideration for funding.

7.2 Commissioning Process

7.2.1 Commissions on Publish.org will be created and offered by Publish.org, the Publish.org Community, and Publish.org Partners. Limits on funding, number of funded pitches, number of funded individuals will be determined on a per commission basis.

7.2.2 Publish.org will determine the commissioning process, approval criteria and authority for approval for each commission. It may or may not include participation from the Publish.org Community and Publish.org Partners.

7.2.3 Publish.org may, in its discretion, fund all or none of the pitches submitted for a commission (irrespective of whether the Publish.org community supports the Pitch for funding).

7.2.5 Contributors will be notified by Publish.org via email if a Pitch has been successfully commissioned for publication.

7.3 Rejected Commissions

7.3.1 Publish.org reserves the right to reject Commissioned Contributions for publication on the Publish.org Site where such Commissioned Contribution does not comply with the Publish.org Community Guidelines.

7.3.2 If a Commissioned Contribution is rejected you will be notified promptly via email to ensure that writers have the chance to offer rejected Commissioned Contribution elsewhere.

7.3.3 The decision of the Publish.org editors in relation to whether to put forward a Proposal for consideration by the Publish.org Community or whether to publish a Commissioned Contribution on the Publish.org Site will be final.

7.4 Payment

7.4.1 Publish.org shall pay the Fee in full within 30 days of the first date of publication of the Commissioned Contribution on the Publish.org Site.

7.4.2 No payment shall be made where a Commissioned Contribution is rejected for publication because it fails substantially to adhere to the Proposal or is a material breach of the Publish.org Community Guidelines.

7.5 Commenting

7.5.1 When a proposal becomes a Commissioned Contribution, a new draft space on the Publish.org Site will be provided for writing and sharing the Commissioned Contribution with members.

7.5.2 Members will have access to read and comment on Commissioned Contributions published in the draft space. Writers are encouraged to ask questions and invite participation on drafts.

7.5.3 Commenters are not considered co-authors of an article and so will not be entitled to be credited on the article (or otherwise be the beneficiary of any intellectual property rights, including, without limitation, moral rights).

7.5.4 Commenting is encouraged at the Pitching stage and also while a writer is writing Commissioned Contributions subject to clause 6.

7.6 Grant of licence

7.6.1 Writers will retain the copyright and all other rights in and to the Proposal and the Commissioned Contribution subject to the provisions of this clause 7.6.

7.6.2 Writers grant Publish.org an unconditional, irrevocable, non-exclusive, royalty-free, perpetual worldwide licence to use, publish and/or transmit the Proposal and the Commissioned Contribution on the Publish.org site and to authorise selected third parties to use, publish and/or transmit Commissioned Contributions provided that such third parties adhere to the provisions of clause 4.2

7.6.3 Writers acknowledge and agree that Publish.org members may copy, distribute, transmit and adapt articles published on the Publish.org Site subject to the provisions of clause 4.2.

7.7 Ethical Standards

7.7.1 Writers are expected to observe the highest ethical standards in writing for Publish.org. You shall be expected to abide by the Publish.org Community Guidelines. Writers must co-operate fully in the event of a complaint about their Contribution(s).

7.7.2 Writers must inform Publish.org of any actual or potential conflict of interest arising from any Proposal.

7.8 Warranties

In your capacity as a writer, you, warrant and undertake that:

(a) the Proposal and the Commissioned Contribution are original and will not infringe the copyright of any third party or any other rights of whatsoever nature;

(b) that the Proposal and the Commissioned Contribution will not be defamatory or breach any duty of confidence owed by you and will not contain any material that is obscene, blasphemous or racially inflammatory; and

(c) all rights in and to the Pitch and the Commissioned Contribution are wholly owned by you free from charge, lien or other encumbrance.

7.9 Status of Writers as Independent Contractors

7.9.1 No association, agency, joint venture, partnership or employer-employee relationship between you and Publish.org is created or implied by virtue of you submitting Proposals for consideration or by publication of Commissioned Contributions or imposing any liability attributable to such a relationship upon either party.

7.9.2 You will remain an independent contractor at all times.

7.9.3 You confirm for the purposes of the Taxes Acts, or such other appropriate legislation, that you are a self-employed person in business in your own right and you shall be responsible for all tax liabilities arising in respect of the payment of the Fee, and shall yourself account to the appropriate authorities for all tax, National Insurance or similar contributions payable in respect of the Fee.

7.9.4 In the event that Publish.org, or any of its holding, subsidiary, associated or group companies ("Group") becomes liable to account to HM Revenue & Customs or any other taxing authority anywhere in the world for any income tax, employee national insurance or any other deduction or withholding required to be made by law (including any interest and/or penalties thereon) arising in respect of payments made or to be made to you, you undertake and agree to indemnify and hold harmless Publish.org, and/or the Group against such tax and national insurance and shall, at the written request of Publish.org immediately pay Publish.org an amount equal to any tax and national insurance paid or payable by Publish.org or any other Group company to HM Revenue & Customs or any other taxing authority. Publish.org shall be entitled to set off an amount equal to any tax and national insurance or any other deduction or withholding paid by Publish.org or another Group company to HM Revenue & Customs or any other taxing authority against any monies otherwise payable to you.

8 AVAILABILITY OF THE PUBLISH.ORG SITE

8.1 Although we aim to offer you the best service possible, we make no promise that the services at the Publish.org Site will meet your requirements. We cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it to help@publish.org and we will attempt to correct the fault as soon as we reasonably can.

8.2 Your access to the Publish.org Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

9 THE COMPANY'S LIABILITY

9.1 The Publish.org Site provides content from other Internet sites or resources and while we try to ensure that material included on the Publish.org Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If you inform us of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.

9.2 If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.

9.3 This clause 9 shall not limit or affect our liability resulting from any products sold through the Publish.org Site being found to be unsafe or if something we do negligently causes death or personal injury.

10 ADVERTISING AND SPONSORSHIP

The Publish.org Site contains paid messaging from approved partners. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Publish.org Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

11 PRIVACY

Please see our privacy policy for information about our use of cookies and how we collect and process personal information.

12 APPLICABLE LAW

These terms and conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

13 INTERNATIONAL USE

We make no promise that materials on the Publish.org Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Publish.org Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

14 MISCELLANEOUS

14.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.

14.2 If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

14.3 We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.

14.4 These terms were first published in September 2017. Changes to these terms shall be notified below.

PUBLISH.ORG
Chynoweth House, Suite 2838
Trevissome Park
Truro
TR4 8UN
United Kingdom
help@publish.org