Legal Disclaimers
By submitting your work for publication in Deep Magic, a fantasy and science fiction e-zine published by Amberlin, (An Idaho S-Corp) you acknowledge that you have read and agree to be bound by the following terms. You, the person submitting work to by published, shall be referred to as “Author.” The following terms apply to all submissions made by Author to Amberlin.
1. Ownership.
Amberlin shall submit a publishing contract to Author setting forth the terms of the ownership of the Work and the rights purchased by Amberlin. The Work shall not be published until the contract is fully executed by the parties and all essential terms of the contract are met.
2. Payment/Consideration.
The terms of payment shall be established by the contract between Amberlin and Author. For first world-wide rights, Amberlin currently pays $.08 per word for the first 7,499 words, with payment capped at $599.90 for stories longer than 7,500 words. For re-printed stories, Amberlin currently pays $.02 per word for the first 10,000 words, with payment capped at $200 for stories longer than 10,000 words. Articles and non-fiction submissions are rarely accepted without solicitation by Amberlin, and Amberlin does not currently pay for articles and other non-fiction work. Payment terms are subject to change, but once a contract is executed, payment terms shall be fixed by the terms of the contract.
3. Author’s Rights in the Work for Original Works.
By submitting a Work to Amberlin, Author represents to Amberlin that Author has the ability to convey the following rights for original Work:
A. First world-wide publishing rights of the Work in electronic, print and audio format;
B. Exclusive world-wide rights to publish the Work in all formats for one year from the date of publication of the issue of Deep Magic in which the Work first appears;
C. Exclusive world-wide rights to publish the Work in print for two years from the effective date of this contract as stated above;
D. Non-exclusive rights to continue to make the Work available in Deep Magic electronic magazine in the issue in which it was originally published and to include the work in print, electronic and audio formats for use in one or more collections, “best of” or anthologies indefinitely.
4. Author’s Rights in the Work for Reprinted Stories.
By submitting a Work to Amberlin, Author represents to Amberlin that Author has the ability to convey the following rights for reprinted Work:
A. World-wide publishing rights of the Work in all formats for one year from the date of publication of the issue of Deep Magic in which the Work first appears;
B. Exclusive world-wide rights to publish the Work in print for two years from the effective date of this contract as stated above, with the exception of the rights previously granted by Author as described in the Author’s Guarantees section of the contract;
C. Non-exclusive rights to continue to make the Work available in Deep Magic electronic magazine in the issue in which it was originally published and to include the work in print, electronic and audio formats for use in one or more collections, “best of” or anthologies indefinitely.
5. Indemnification.
In the event Author submits a Work for publication in Deep Magic, and the Work is plagiarized, libelous, illegal for any other reason, and/or if the Author submits a Work for which the Author lacks intellectual property rights, or otherwise lacks the ability to convey the rights requested in the Amberlin Publishing Contract, Author shall indemnify and hold Amberlin harmless against any and all claims, liabilities, damages, losses, or other harm caused by submitting the Work.
6. Governing Law.
The relationship between Amberlin and Author shall be governed by the laws of the state of Idaho. All lawsuits between Author and Publisher arising as a direct or indirect consequence of Author’s submission of the Work to Amberlin shall be filed in the State of Idaho, County of Madison.
