Welcome to PubLaunch! Please read the following terms to understand how you can use the site and how we function.
These Terms of Use apply to the PubLaunch website located at www.publaunch.com (the “Site”). If you have any questions about our Terms, please email us at [email protected] or contact us at:
PubLaunch
304 - 720 Bathurst St.
Toronto, ON M5S 2R4
(416) 639-6199
Using the site
By visiting or using the Site and its services (“Services”) in any way, you are agreeing to these Terms of Use and our Privacy Policy.
Please read everything carefully. If you do not agree with our Terms of Use or any of our policies, please don’t use the Site and its Services.
Summary of Services
PubLaunch provides two core Services:
- an online crowdfunding venue for writers, publishing professionals, and publishing-related companies and entities seeking to raise funds (“Campaign Owners”) for their own crowdfunding campaigns (“Campaigns”) and to allow people to contribute to the Campaigns of others in the form of monetary donations (“Contributions”) in return for various rewards offered by the Campaign Owner. The funds raised from these Contributions can go to the Campaign Owner and/or can be used to pay for the services of various third-party publishing professionals and companies on the Site (“Suppliers”).
- a Marketplace that allows Suppliers to sell their services to users on the Site. Site users can crowdfund to pay for the services or can pay directly without crowdfunding.
Our Services include all functions and content we make available, including the two categories listed above, as well as everything displayed or transmitted on the Site.
Eligibility of Services (AKA, who can use the site and how)
To use PubLaunch’s Services, you must be 18 years of age or older. If you are between at least 13 years old but not yet 18, you can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided the parent or legal guardian agrees to our Terms and to be responsible for your use of the Services.
PubLaunch reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove, or suspend any Campaign, Contribution, or Services at any time for any or no reason without liability.
You are responsible for your Account.
To browse or explore the Site and to make Contributions to Campaigns, you don’t need to create an account. To access other Services, you’ll need to register for either a Writer Account or a Supplier Account (referred to as “Account” to indicate either). A Writer Account refers specifically to an Account that allows manuscript uploading, hiring Suppliers, and creating Campaigns. A Supplier Account refers specifically to an Account with a professional supplier profile that advertises publishing services, allowing Writers to request services and the Supplier to receive payments for services rendered.
You are responsible for your Account if you create one, and anything you post to the Site from your Account (“Content”). This means that you need to provide an email, password, and account name, which you will be responsible for protecting. In so doing, you agree to follow our User Conduct rules (detailed below). If you fail to comply with these rules, we will cancel your account.
We reserve the right to reject Account applications or cancel your account at any time for any or no reason.
If we disable your account for violating these Terms or for any other reason, you may not create another user profile without our permission.
User conduct (AKA, don’t be a jerk)
You are responsible for any Content you post to the Site. We do not guarantee the accuracy, integrity or quality of Content. As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms.
Most importantly, don’t:
- use PubLaunch for illegal purposes.
- use your account to upload, email, or distribute Content from any Account that infringes on any copyrights or trademarks without written permission.
- upload Content that is defamatory, harassing, threatening, or obscene, or that violates Canada’s anti-hate laws.
- use your Account to distribute spam in any way.
- tamper with PubLaunch code in any way or try to access or change the source code for any reason.
- introduce viruses or harmful code to the Site or its users.
- disclose another person’s personal information (such as their phone number or email address) without their written permission.
As a Campaign Contributor, you are responsible for your Contribution.
PubLaunch does not guarantee the quality or delivery of Campaign rewards. PubLaunch doesn’t guarantee the truth or accuracy of the Campaigns on the Site. It is up to you, the Contributor, to research and verify the validity and trustworthiness of the Campaigns to which you choose to make Contributions.
If a Campaign Owner fails to fulfill their promises or delivers the rewards later than promised, PubLaunch is not responsible. It is up to the Campaign Owner and his or her Contributors to settle any disputes.
Campaign Owners
As a Campaign Owner, you are solely responsible for any commitments you make to your Contributors. This includes the shipment and delivery of rewards to Contributors. You are also responsible for answering your Contributor questions truthfully and in a timely manner.
If you are unable to fulfill your commitments to Contributors, you (the Campaign Owner) are responsible for working with your Contributors to resolve the situation. This could mean offering refunds to your Contributors.
You are responsible for paying any income taxes related to money you receive from Contributions and any taxes in connection with your rewards.
What is not allowed on a Campaign
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people, or to scam others. If the Campaign is phony, don't post it. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering rewards and using Contributions. Campaign Owners shall not make any false or misleading statements in connection with their Campaigns.
We reserve the right to remove any Content at any time at our sole discretion and without prior notice. We will remove any Content that violates any laws or government regulations, especially copyright laws.
Disputes between Campaign Owners and Contributors
Since Campaign Owners are solely responsible for fulfilling their commitments to Contributors, PubLaunch is under no obligation to settle disputes between Campaign Owners and Contributors. In the event of a dispute, PubLaunch may provide the contact information of the Campaign Owner to his or her Contributors so that both parties can resolve the dispute.
Writers
As a User who has signed up for and is using a Writer Account (a “Writer”), you are responsible for any commitment you’ve made with a Supplier upon signing a Service contract with that Supplier. However, if you are using the PubLaunch crowdfunding platform to pay for the Service and are unable to raise your crowdfunding funding target, the contract is considered null and void.
You are also responsible for providing the necessary documents and materials in order for your Suppliers to fulfill their Services and for answering Supplier questions truthfully and in a timely manner.
If you (the Writer) or the Supplier believe there has been a breach of contract, you (the Writer) are responsible for working with the Supplier to resolve the situation. In the case of a refund for breach of contract, you are responsible for collecting the refund directly from the Supplier.
Suppliers
As a Supplier (a third-party publishing professional or company on the Site), you are responsible for any commitment you’ve made with a Writer upon signing a Service contract with that Writer. However, a Service contract will be considered null and void if the Writer is using the PubLaunch crowdfunding platform and does not reach his or her crowdfunding funding target, or if the Writer fails to pay the Supplier within six months of the contract’s signing date.
You are also responsible for responding to a Service request from a Writer within five business days, and for answering Writer questions truthfully and in a timely manner.
If you (the Supplier) or the Writer believe there has been a breach of contract, you (the Supplier) are responsible for working with the Writer to resolve the situation. This could mean offering refunds to the Writer.
Disputes between Writers and Suppliers
Clause 4 (Termination) of the Service contract outlines the various circumstances in which a Service contract between a Writer and a Supplier may be considered null and void. Because the Writer and the Supplier sign this binding Service contract with each other, PubLaunch is under no obligation to settle disputes between Writers and Suppliers, including refunds. However, PubLaunch may remove an Account for any party who clearly fails to meet their obligations.
Use of your Content
We do not claim ownership of your content. It’s yours. But we do claim the right to use any Content you publish on PubLaunch to help us operate the Site. This includes (but is not limited to): marketing and promotional materials and Site Content, but excludes use of your Content for sale or redistribution for commercial purposes. We do not grant compensation for any such use of your Content in PubLaunch’s marketing or promotional materials.
Third-party website and advertisers
Since our Site contains the PubLaunch Marketplace for Suppliers to advertise their work, our Site will naturally contain many links to third-party websites, advertisers, or services that we do not own or control. Following such links is done at the User’s own risk. PubLaunch is not responsible for any loss, damage, or risk related to these third-party services or links.
Disclaimers
PubLaunch does not claim that the Site will meet your requirements or will be error-free, that the Site will be always available or will be uninterrupted, that we will correct any defects, or that the Site will be free from viruses or other harmful codes, or that the content or information otherwise accessible through the Site does not infringe any third-party rights. We take reasonable steps to provide up-to-date, accurate, and reliable information; however, because we’re only human, PubLaunch is not responsible for all errors or omissions.
Revisions to the Terms of Use
We may revise the Terms at any time. Any changes to the Terms will be effective upon posting on the site. We will provide notice of materially significant changes to the Terms by posting notice on the Site. You are responsible for reviewing any such changes, and your continued use of the Site after they are posted will constitute your acceptance of the Terms of Use as amended.
Limitation of liability
We will not be liable to you for any direct or indirect damages arising out of your use or inability to use the Site. You agree to indemnify and hold us and our affiliates from all liabilities, claims, and expenses resulting from your breach of the Terms of Use.
This agreement is governed by the laws of Canada and Ontario. Any dispute about the services we offer or claim arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of Ontario.
Termination
We reserve the right to terminate your access to the Site or to our services, including all Account types, without notice, for any or no reason at any time.
