Publishing Agreement

Terms and conditions governing the submission and publication of your work.

Writer Submission & Publishing Agreement

This Writer Submission and Publishing Agreement (“Agreement”) is entered into as of the date of electronic acceptance (“Effective Date”).

BETWEEN:

Talking Leaves Fiction (“TLF”), operating as tlfiction.com, a digital publishing platform based in Toronto, Ontario, Canada (the “Publisher”)

AND:

The submitting writer identified during the submission process (the “Author”).

The Publisher and the Author are collectively referred to as the “Parties”.

1. Submission and Acceptance

By submitting a Work to tlfiction.com, the Author acknowledges and agrees that:

  • Submission of a Work does not guarantee publication;
  • The Publisher has sole discretion to accept, reject, edit, schedule, remove, or discontinue publication of any submitted Work;
  • If the Work is accepted for publication, the rights and obligations of both Parties shall be governed by this Agreement;
  • No publishing rights are granted to the Publisher unless and until the Work is accepted for publication.

2. Purpose of Agreement

The Publisher operates an online platform dedicated to publishing original fiction. The Author wishes to submit original written content for consideration and possible publication on the Publisher’s website.

This Agreement sets out the terms under which the Publisher may publish, display, archive, and promote the Author’s Work if accepted for publication.

3. Work Submitted

  • Title of Work: As submitted by the Author (“Work”)
  • Type: Fiction, including but not limited to short stories, serialized fiction, novellas, excerpts, and other creative literary works.

All submissions are subject to editorial review and acceptance at the Publisher’s sole discretion.

4. Grant of Rights

4.1 Publishing License

The Author grants the Publisher the rights described in this Agreement solely for the purpose of publishing, displaying, distributing, archiving, and promoting the Work through tlfiction.com and the Publisher’s related digital channels.

4.2 Copyright Ownership and Exclusive Publishing Rights

The Author retains full copyright ownership of the Work at all times. Nothing in this Agreement transfers ownership of the Work or any copyright therein to the Publisher.

In consideration of publication by the Publisher, the Author grants the Publisher an exclusive, worldwide, royalty-free license to publish, display, distribute, archive, and promote the Work in digital form on tlfiction.com and the Publisher’s related digital channels for a period of one (1) year from the date the Work is first published on tlfiction.com (“Exclusivity Period”).

During the Exclusivity Period, the Author shall not publish, license, distribute, or authorize publication of the Work elsewhere without the Publisher’s prior written consent.

Upon expiration of the Exclusivity Period:

  • The Author may publish, license, distribute, or otherwise exploit the Work without restriction;
  • The Publisher’s exclusive rights automatically convert to a non-exclusive, perpetual, worldwide, royalty-free license to continue displaying, archiving, reproducing, and promoting the Work;
  • The Publisher may continue hosting the Work unless the Author requests removal in accordance with Section 9.2.

4.3 Editorial and Promotional Use

  • Edit the Work for formatting, grammar, spelling, readability, accessibility, SEO, and presentation purposes;
  • Create excerpts, summaries, previews, and promotional materials relating to the Work;
  • Use the Author’s name, pen name, biography, profile information, and approved author image in connection with publication and promotion.

The Publisher will not materially alter the meaning or intent of the Work without the Author’s consent.

5. Compensation

  • Publication is provided free of charge;
  • No royalties, fees, or other compensation are payable by the Publisher;
  • No fees are payable by the Author.

6. Author Representations and Warranties

The Author represents and warrants that:

6.1 Originality

The Work is original to the Author, or the Author possesses all rights necessary to submit and publish the Work.

6.2 Non-Infringement

The Work does not infringe any copyright, trademark, privacy right, publicity right, or other proprietary right of any third party.

6.3 Lawful Content

  • No defamatory, unlawful, or fraudulent material;
  • No content promoting violence, hate, or discrimination contrary to law;
  • No content violating the rights of others.

6.4 AI Disclosure

If generative artificial intelligence tools were used in the creation of the Work, the Author confirms that:

  • The Author has the legal right to submit the Work;
  • The Work complies with applicable copyright laws;
  • Any AI-assisted content has been disclosed to the Publisher if requested.

6.5 Legal Capacity

The Author is at least 18 years old or otherwise has the legal authority to enter into this Agreement.

7. Moral Rights

To the extent permitted by the Copyright Act (Canada), the Author waives the enforcement of moral rights solely as necessary for the Publisher to edit, format, publish, archive, and promote the Work under this Agreement.

The Author retains the right to be credited as the author of the Work unless anonymity or a pen name is requested.

8. Editorial Rights

The Publisher reserves the right to:

  • Accept or reject any submission;
  • Request revisions before publication;
  • Remove, suspend, or unpublish a Work;
  • Investigate claims relating to copyright infringement, ownership disputes, or unlawful content.

The Publisher may temporarily remove or restrict access to a Work while investigating any complaint or legal claim.

9. Term and Termination

9.1 Term

This Agreement becomes effective upon electronic acceptance and remains in effect unless terminated in accordance with this Agreement.

9.2 Author Removal Request

The Author may request removal of the Work from tlfiction.com by providing at least thirty (30) days‘ written notice to the Publisher.

For clarity:

  • The Publisher is not required to remove the Work during the one-year Exclusivity Period unless required by law or agreed to by the Parties in writing;
  • Removal of the Work does not require deletion of archival, backup, administrative, legal, or historical records maintained by the Publisher;
  • Cached copies, search engine indexing, web archives, social media posts, newsletters, and other promotional materials created before removal may continue to exist after removal and shall not constitute a breach of this Agreement.

9.3 Surviving Provisions

Sections relating to ownership, warranties, indemnification, limitation of liability, privacy, and governing law shall survive termination.

10. Indemnification

The Author agrees to indemnify and hold harmless the Publisher, its owners, directors, officers, volunteers, contractors, and affiliates from and against any claims, damages, liabilities, losses, costs, or expenses (including
reasonable legal fees) arising out of:

  • A breach of this Agreement;
  • Alleged infringement of intellectual property rights;
  • Any unlawful or defamatory content contained within the Work.

11. Limitation of Liability

To the fullest extent permitted by law:

  • The Publisher shall not be liable for any indirect, incidental, special, consequential, or punitive damages;
  • The Publisher’s total liability under this Agreement shall not exceed CAD $100.

12. Privacy

The Publisher will collect, store, and process personal information in accordance with applicable Canadian privacy laws, including PIPEDA, and the Publisher’s Privacy Policy.

13. Independent Relationship

Nothing in this Agreement creates an employment, partnership, joint venture, agency, or fiduciary relationship between the Parties.

14. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Any dispute arising under or relating to this Agreement shall be submitted exclusively to the courts located in Ontario, Canada.

15. Entire Agreement

This Agreement constitutes the entire agreement between the Parties regarding the Work and supersedes all prior discussions, negotiations, understandings, and agreements relating to the subject matter herein.

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

16. Electronic Acceptance

By submitting a Work through tlfiction.com and selecting the acceptance checkbox during the submission process, the Author:

  • Confirms that they have read and understood this Agreement;
  • Agrees to be legally bound by its terms and conditions;
  • Acknowledges that electronic acceptance has the same force and effect as a handwritten signature.

Publisher

Talking Leaves Fiction
tlfiction.com
Toronto, Ontario, Canada

Author

As identified during the submission process.

Effective Date

The date on which the Author electronically accepts this Agreement during submission.