Publisher’s Term & Conditions for Authors.

Definitions:

Authors: Creators of written material for publication on history-on-the-web.com who have signed the publishing agreement.

History-on-the-web.com: Online historical publishing platform for authors, owned by Cairns Associates.

Products: Publications that are for sale on history-on-the-web.com.

Public Products: Publications that are free to view on history-on-the-web.com.

Bonus: Percentage of revenue paid to authors by history-on-the-web.com for public products on history-on-the-web.com

Royalties: Percentage of revenue generated from the sale of the authors’ own products sold by history-on-the-web.com.

Agreement: Publisher’s Term & Conditions for Authors.

Compliance Form:   Form that gathers relevant data for processing payment and to facilitate Public Product/s and Product/s.

Site:  History-on-the-web.com

Article 1  Acceptance of Terms.

1.1 The actual use of the Site presupposes the author’s unconditional, unlimited and unreserved acceptance of the terms and conditions set forth herein. The use of the Site shall be considered as a binding agreement between the author and history-on-the-web.com and as an undertaking on author’s behalf to comply with the terms and conditions set forth herein (above and hereinafter referred to as the " Agreement ").

1.2  The actual use of the Site presupposes the author’s unconditional, unlimited and unreserved acceptance of the terms and conditions set forth in the Terms of Sales published on the Site for all users.

Article 2 Compliance Form.

2.1 In order to be able to publish Public Product/s and Products on the Site the author is obliged to complete a simple registration process and form, in which you are obliged to submit your valid email address, certain personal details, Paypal email for the transfer of any Bonus/Royalities the author shall be entitled to receive under this Agreement, and any additional information which history-on-the-web.com, in its sole discretion, shall deem necessary. In order for history-on-the-web.com being able to pay any Bonus/Royalities the author may be entitled to receive under this Agreement, certain personal details must be provided in a full and accurate manner, whether as part of the Compliance Form or any other form history-on-the-web.com may require to fill in for the purpose of and prior to the payment of the Bonus/Royalities. The author is requested to notify us of any change in any of the details contained in the Compliance Form.

Article 3  Content.

3.1 The author’s hereby understand, acknowledge, undertake, represent and warrant that any Product and Public Product sent by the author with the intention to be published on the Site shall comply with the following requirements: (i) be your original work; (ii) shall not contain any content of any kind whatsoever that is libelous, illegal or infringes any third parties' copyrights; (iii) if any third parties' copyrights are included in the Public Product/s and Product/s, the express, unrestricted and unlimited permission of such copyrights owner for the use of such copyrighted materials has been obtained prior to submitting the Public Product/s and Product/s; (iv) shall not contain any derogatory, offensive, unlawful, harmful, threatening, vulgar, profane, abusive, harassing, obscene, pornographic, defamatory or tortuous content; (v) shall contain references to all sources used.

Article 4  Rights Granted.

4.1 By submitting your Public Product/s and Product/s for publication on the Site, you hereby irrevocably and unconditionally grant history-on-the-web.com, a irrevocable, perpetual, unlimited free of charge right to publish the Public Product/s and Product/s on the Site and/or on other Internet Sites for advertising and promotional purposes.  

4.2 By submitting your Public Product/s you allow users of the site to view the Public Product/s free of charge, for any such purpose permitted by history-on-the-web.com, provided such use shall not be for commercial purposes or to plagiarise. 

4.3 Without derogating from the above, history-on-the-web.com shall be entitled to edit, delete, cutback, rephrase, reproduce, copy, translate, merge, add, use and make use of the Public Product/s, in whole or in part, in any way or manner and at any time, as history-on-the-web.com shall deem appropriate in its sole discretion.

Article 5  Author's Rights.

5.1 The author shall continue to retain all authorship and copyrights to the Public Product/s and Product/s submitted for publication through history-on-the-web.com.

5.2  History-on-the-web.com is not held in any way responsible for any copyright infringements made by the authors Public Product/s and Product/s published on history-on-the-web.com.  Full responsibility for any copyright infringement shall remain with the author.

Article 6  Writing Guidelines.  

6.1 History-on-the-web.com may publish, from time to time, writing guidelines for Public Product/s and Product/s submitted for publication; such as but not limited to: number of words, use of paragraph headings, structure guidelines, etc. If such guidelines are published, the Public Product/s and Product/s shall be required to comply with such guidelines.

6.2 All Public Product/s and Product/s may be written in English or in any language other than English, provided they are written in Latin alphabet.  In case a product is not written in English, an English translation of the prouduct shall be submitted to the Site simultaneously with the product that is written in any other language than English. 

Article 7 Publishing Period.

7.1 History-on-the-web.com does not undertake to and shall not be obligated to publish any Public Product/s and Product/s content submitted for publication on the site, nor does history-on-the-web.com undertake to or shall be obligated to publish any of the Public Product/s and Product/s on the site for any minimum or certain period of time.

Article 8 Advertising & Links.

8.1  You hereby understand, acknowledge and agree that the pages on the site will contain advertising and promotional materials as well as links to other sites, as shall be determined by history-on-the-web.com in its sole discretion. History-on-the-web.com is and shall not be responsible for any content, services, products or goods which appear and/or are advertised on any Linked Site, nor for the availability and functionality of such. History-on-the-web.com reserves the rights to remove, in its sole and absolute discretion, any and all links which may appear in any Public Product/s and Product/s. Without derogating from the above, history-on-the-web.com will remove from the Public Product/s or Product/s any links that link/refer to advertisements or any other content of promotional/advertising nature.

Article 9  Remuneration for Public Products.

The publishing of Public Product/s submitted by you on the Site, shall entitled you to receive a Bonus, as provided herein:

9.1   History-on-the-web.com will pay you a Bonus in the amount of 50 % of the net amounts it shall actually receive from third parties' advertising on the page on which the Public Product/s appears and which are relatively attributed to your Public Product/s, as shall be determined by history-on-the-web.com; Changes or differentiations in the rate of the Bonus may be made by history-on-the-web.com in its sole and absolute discretion. Any change in the rates of the Bonus shall not apply to payments due with respect to Public Product/s published on the Site prior to the change. 

9.2  The Bonus will be paid subject to actual receipt of payments by history-on-the-web.com from third parties. History-on-the-web.com will maintain sole and absolute discretion with respect to payments it will charge from such third parties, and the collection of payments from third parties.

9.3  Payment of any Bonus due and payable with respect to any published Public Product/s shall be made on the last day of each month. In the event that the Bonus you are entitled to receive for a certain month is less than £30 (Thirty Pounds), History-on-the-web.com shall be entitled to carry over payment to the subsequent month(s), until the aggregate bonus to be paid shall reach such minimum amount.

9.4  The Bonus will be paid in British Pounds, unless otherwise determined by history-on-the-web.com in its sole discretion.

9.5  History-on-the-web.com will make an effort to (but shall not be obliged to) notify you when payment of a Bonus should be expected.

9.6   Payments of the Bonus will be made to a PayPal account, opened in the author’s name and which details fully correspond with the PayPal account. Inaccurate or non-complying details may result in history-on-the-web.com not being able to make payment of the Bonus to you. History-on-the-web.com shall be entitled, in its sole discretion, to make payment by alternative payment methods. Any transfer-commission/charges will be deducted from the Bonus payments.

9.7  History-on-the-web.com shall not be liable in any way or manner for failing to make payment of the Bonus if the author does not make the Payment Confirmation or due to inaccurate or non-complying details, or due to any other reason which is under the author’s control. In addition, history-on-the-web.com shall not be liable in any way or manner in the event of failure to make payment PayPal. In the event of non-payment due to inaccurate or non-complying transfer details, history-on-the-web.com shall not be required to take any actions to locate the author’s transfer details, or to continue to hold such the Bonus payments in the author’s favour for a period of more than 6 months.

9.8  The author shall be responsible for any and all personal taxes due and payable with respect to payment of the bonus you shall receive. If payment of VAT is applicable with respect to the payment of Bonus, the Bonus amounts shall be deemed as including VAT. Nothing contrary to the above, history-on-the-web.com shall be entitled to withhold any taxes on any payments to be made as provided herein, as shall be required by the applicable law, and at such rates determined by the relevant tax authorities.

Article 10 Remuneration for Products.

The publishing of Product/s submitted by the author on the site Site, shall entitled you to receive royalties, as provided herein:

10.1  History-on-the-web.com will pay the author a Royalty in the amount of 50 % of the net amounts it shall actually receive from third parties' purchase of Product/s; Changes or differentiations in the purchase price may be made by history-on-the-web.com in its sole and absolute discretion. Any change in the purchase price shall not apply to payments due with respect to Product/s published on the Site prior to the change.

10.2  The Royalties will be paid subject to actual receipt of payments by history-on-the-web.com from third parties. History-on-the-web.com will maintain sole and absolute discretion with respect to payments it will charge from such third parties, and the collection of payments from third parties.

10.3  Payment of any Royalties due and payable with respect to any published Product/s shall be made on the last day of each month. In the event that the Royalties you are entitled to receive for a certain month is less than £30 (Thirty Pounds), History-on-the-web.com shall be entitled to carry over payment to the subsequent month(s), until the aggregate Royalties to be paid shall reach such minimum amount.

10.4  The Royalties will be paid in British Pounds, unless otherwise determined by history-on-the-web.com in its sole discretion.

10.5  History-on-the-web.com will make an effort to (but shall not be obliged to) notify the author when payment of a Royalties should be expected.

10.6   Payments of the Royalties will be made to a PayPal account, opened in the author’s name and which details fully correspond with the PayPal account. Inaccurate or non-complying details may result in history-on-the-web.com not being able to make payment of the Royalties to the author. History-on-the-web.com shall be entitled, in its sole discretion, to make payment by alternative payment methods. Any transfer-commission/charges will be deducted from the royalities payments.

10.7  History-on-the-web.com shall not be liable in any way or manner for failing to make payment of the bonus if the author does not make the Payment Confirmation or due to inaccurate or non-complying details, or due to any other reason which is under the author’s control. In addition, history-on-the-web.com shall not be liable in any way or manner in the event of failure to make payment PayPal. In the event of non-payment due to inaccurate or non-complying transfer details, History-on-the-web.com shall not be required to take any actions to locate the author’s transfer details, or to continue to hold such the Royalties payments in your favour for a period of more than 6 months.

10.8  The author shall be responsible for any and all personal taxes due and payable with respect to payment of the bonus you shall receive. If payment of VAT is applicable with respect to the payment of bonus, the Royalties amounts shall be deemed as including VAT. Nothing contrary to the above, history-on-the-web.com shall be entitled to withhold any taxes on any payments to be made as provided herein, as shall be required by the applicable law, and at such rates determined by the relevant tax authorities.

Article 11  Privacy Policy.

11.1 Personal details provided by the author, shall be kept in confidence, provided that such information may be used by history-on-the-web.com for the following purposes (i) if required to be provided under any applicable laws; (ii) for payment of the Bonus and Royalties; (iii) internal uses and future communication.

Article 12  Anti-Spam/Junk Mail Policy.

12.1 The author’s undertake, represent and warrant not sending any emails, messages or otherwise communicate with any other users of the Site, which is not wanted or requested by such users. Bulk email messages that will be sent to a group of people who have no desire to receive such messages are forbidden.

Article 13  Fraudulent Use.

13.1 The author’s undertake, represent and warrant not to, directly or indirectly, by the author or through any third party, generate in any way or manner, by use of any means of technology, software or otherwise, any increased, artificial or false traffic, usage, viewing, or entrances to any Public Product/s and Product/s, advertisements, banners, or other content and materials of any kind in order to, whether for the purpose of increasing you Commission payments or any other purpose.

Article 14  No Employer-Employee Relationships.

14.1 No employer-employee relations exist or shall exist with History-on-the-web.com and the use of the Site and/or the submission of Public Product/s and Product/s to the site does and shall not create any such relationship.

Article 15  Operation of the Site.

15.1 History-on-the-web.com reserves the right to suspend and/or modify the operation of the Site and/or to discontinue or cease, temporarily or permanently the operation of the Site, as it shall deem necessary in its sole discretion. No prior notice shall be required to be given by history-on-the-web.com with respect to any of the above mentioned events and the author shall have no claim whatsoever against history-on-the-web.com. The suspension, discontinuation or ceasing of the Site's activity shall not affect the author’s right to payment of Bonus or Royalties due with respect to such period before the discontinuation of the operation of the site.

15.2   The author is solely responsible for maintaining the confidentiality of your login username and password.  The author is responsible for restricting access to your computer to prevent unauthorised access to your account.  The author’s agree to accept responsibility for any actions that occur under your account or password and inform history-on-the-web.com immediately if you suspect that your password is, or is likely to be used in an unauthorised manner.

15.3  History-on-the-web.com give no guarantee and accept no responsibility whatsoever for any restrictions or errors in the Site and accept no liability whatsoever for damage, loss of inconvenience resulting from use of the Site.

Article 16 Termination of Rights.

16.1 If history-on-the-web.com shall be in the opinion that the author’s have not complied with the terms and conditions of this Agreement, in whole or in part, history-on-the-web.com shall be entitled to terminate the author’s right to submit and/or publish Public Product/s and Product/s on the Site, and to cancel any registration of the author’s to the Site. Upon the termination of the author’s rights notice shall be sent to the author by history-on-the-web.com. Consequently to and concurrently with the termination of the author’s rights as provided herein, the author’s rights to payment of Bonus and Royalities shall also terminate.

Article 17 Limitation of Liability.

17.1  To the fullest extent permitted by the applicable law, history-on-the-web.com shall not be liable for any damages, losses or expenses, direct or indirect, sustained or suffered by the author by or as a result of the use of the Site or the  Content, even where notice of the possibility of incurring such damages, losses or expenses was given.

Article 18 Disputes and legal jurisdiction.

18.1      This agreement is subject to English law.

18.2  The appendices with this agreement form part of this agreement.

Article 19   Entire Agreement.

19.1  The terms and conditions of this Agreement shall constitute the entire agreement with respect to the author’s use of the Site, whether your Public Product/s and Product/s is submitted and published or not. History-on-the-web.com may change and/or modify this Agreement, and any term and condition thereof, in its sole and absolute discretion, without being required to provide any prior notice of any such change and/or modifications.

Article 20  Waivers.

20.1  No failure or delay to exercise any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.

Article 21  Absence of Third Party Beneficiaries.

21.1  No provisions of this Agreement, whether expressed or implied, are intended or shall be construed as conferring upon or giving any third party any rights, remedies or other benefits of any kind whatsoever.

Article 25 Language.

25.1  This Agreement is in the English language only. Any versions hereof in any other language shall be for accommodation only and shall not be binding upon history-on-the-web.com.

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