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Apocrypha and Abstractions Publication Contract.

Yeah, we know. It’s a lot of friggin’ words with a bit of legal voodoo-latin thrown in for good measure. You need to read it. Agree to it. Before you get to the submissions link at the bottom of the page.

Our Publication Schedule:

We publish one (1) or more stories per week, fifty-two (52) weeks per year. We announce our monthly publication schedule at the beginning of each month’s “Issue.” Monthly issues roll into yearly volumes, which are published in PDF eBook format in May of each year. Readers may follow us, subscribe to our weekly RSS feed, browse our always available archives, or download our yearly volumes directly.  Want to know what we are looking for and not looking for, see our About Page, our Editor interview at Six Questions, and/or our Editor interview at Duotrope.

Stories posted here are original copyrighted works. Copyrights remain with the authors. Reprints are notated with the proper bibliographic data provided by the author. Apocrypha and Abstractions makes no copyright claims to any of the work presented on the site. The authors, as indicated, remain the copyright holders except in the case of permissible reprints.

ON REPRINTS AND SIMULTANEOUS SUBMISSIONS (August 2014)

We accept reprints under the following conditions:

1.  If the original publication date is, at minimum, twelve (12) months prior to your submission to us;

2.  If the original publication is out-of-print and the content is no longer available regardless of the publication date;

3.  If the work was originally published in a workshop setting such as Fictionaut and was directly solicited by one of our editors.

We accept simultaneous submissions but really, really, really would prefer if you didn’t. It’s a hassle. REALLY. It pisses editors off, and we respond so quickly that it’s really, really, really not necessary.

Compensation

Apocrypha and Abstractions  is a not-for-profit Digital Only Literary Journal. We are not a paying publication.

Terms and Agreements

By submitting to Apocrypha and Abstractions Literary Journal, you automatically agree to our terms listed below. Please read it carefully.

Authors accepted into The Apocrypha and Abstractions Literary Journal via the submission of a story grant us non-exclusive Electronic Publication Rights. After publication, all stories will remain in our searchable archives unless you, the author, ask us to remove them in writing.

This contract is made automatically on the date of  submission between Apocrypha and Abstractions Literary Journal (hereinafter referred to as Apocrypha and Abstractions and/or The Journal) and you, (hereinafter referred to as the Author).

The parties agree as follows:

Author’s Submitting a Story to The Apocrypha and Abstractions Literary Journal  Grant

1. The Author grants permission to include his/her story and/or stories submitted in the Apocrypha and Abstractions Literary Journal.

Rights Granted — Amended January 28, 2012 — OPT Out Clauses added.

2. This use of the author’s Work by Apocrypha and Abstractions entails the assignment of Electronic Publication Rights.  For purposes of this agreement “Electronic Publication Rights” shall mean the right to reproduce, store, retrieve, transmit, make available, display publically, distribute, syndicate, and produce output of any and all kinds using like media and technologies attaining similar results, whether now known or hereafter devised. Without limiting the generality of the foregoing, “Electronic Rights” granted in this agreement include but are not limited to electronic, digital, and computer-based media and technologies of all kinds, and the storage, retrieval, transmission, display, output, and reproduction of data through any such media and technologies, by way of example only, interactive media and multimedia in which the Work may be adapted and used in conjunction with other matter, whether such data is stored on hard drives or other fixed storage media, disks or diskettes, and other portable storage media, and/or remote on-line databases. “Electronic Rights,” as the term is used in this Agreement, include the following specific applications and uses of the Work in computer-based and similar electronic media and technologies for storage, retrieval, transmission, display, and output of any and all kinds using like media and technologies, attaining similar results, whether now known or hereafter devised.

2(a). Non-exclusive Internet Use, for the publication and distribution of submitted stories only into the Apocrypha and Abstractions  Literary Journal in various subscription and electronic formats (including journal postings, email, RSS feed, social networking feeds, and any other subscription format that may be available at the time of publication).

2(b). Electronic Books, including the non-exclusive right to use and generally exploit any and all content of the Work in electronic versions of the Work that are reproduced in the form of portable storage media — i.e. various eBook formats — and offered for sale or license to the consumer. By way of illustration only, and without limiting the generality of the foregoing, “Electronic Books” refers to the manufacture and sale of copies of the Work by means of storage, transmission, and output of the Work in which the end product is a single eBook copy of the Work for sale to a consumer. If you do not wish to have your WORK considered for eBook Anthologies, You may OPT Out of this clause by submitting a written request at the time of story submission.

2(c). Publishing-on-Demand, including the non-exclusive right to store, reproduce, transmit, and generally use and exploit any and all portions of the Work  in the form of “Publishing-on-Demand” products and services. By way of illustration only, and without limiting the generality of the foregoing, “Publishing-on-Demand” refers to the manufacture and sale of copies of the Work by means of storage, transmission, and output of the Work in which the end product is a single printed copy of the Work for sale to a consumer. If you do not wish to have your Work considered for Print Anthologies, You may OPT Out of this clause by submitting a written request at the time of story submission.

2(d). Databases, Networks, and On-line Services, including the non-exclusive right to store, reproduce, transmit, and generally use any and all portions of the Work  in a remote electronic database, network, or other on-line computer service, or similar system attaining like results, for use by consumers who are licensed to access the database, network, or service, and display and\or download for their own personal use only.

2(e). The Author also grants to Apocrypha and Abstractions the right to use the Work in syndication in any form for purposes of promoting The Journal, provided that the Work is accompanied by the Author’s byline and bio as originally published.

2(f). The Author also grants to Apocrypha and Abstractions the right to use, adapt, or otherwise exploit the Work or any portion thereof, alone or in conjunction with other matter, for the sole purposes of marketing and promoting The Journal and the content therein, provided that the Work is accompanied by the Author’s byline. By way of example only, interactive media and multimedia advertising in which the Work may be excerpted and used in conjunction with other matter. If you do not wish to have your Work considered for Promotional Materials, You may OPT Out of this clause by submitting a written request at the time of story submission.

2(g). The Author understands and agrees that, after the date of publication, the Work will remain accessible online in The Journal archives at Apocrypha and Abstractions’ discretion, unless and until the Author submits a written request for the Work’s removal. Note: Removal applies to the online archives only, excluding the PDF, eBook, and Print archives.

2(h). It is understood and agreed by all parties that Apocrypha and Abstractions may use this Work only as described above, and that all rights not expressly granted by this contract reside exclusively with the Author.

Reprint Rights and Credits

3(a). The Author grants to Apocrypha and Abstractions the right to make future offers on non-exclusive reprint rights.

3(b). If Apocrypha and Abstractions chooses to exercise this option, a separate agreement must be entered into for each use of the reprint rights.

3(c). The Author recognizes the right of Apocrypha and Abstractions  Literary Journal to be credited if the Work should be reprinted elsewhere.

Payments and Royalties

4. Apocrypha and Abstractions is a not-for-profit literary journal. It’s authors receive no monetary compensation for the digital publication of their work. Proceeds from the sale of anthologies in the form of eBooks and Print-on-Demand publications will be used to fund future editions of The Journal.

Warranties, Representations and Indemnities

5(a). The Author represents and warrants that he/she is the sole author of the Work, that the Work is original, and that the Work does not, to the best of his/her knowledge, infringe any third party’s copyright, trademark or other proprietary rights.

5(b). The Author also represents and warrants that he/she is the exclusive owner of all the rights specified in section 2 (Rights Granted) and that these rights have not previously been transferred to another party.

5(c). The Author also represents and warrants, to the best of his/her knowledge, that the Work does not contain any libelous material, and nor does it violate any third party’s right of privacy or publicity.

5(d). The Author also represents and warrants that he/she has the full power to enter into this contract with Apocrypha and Abstractions and agrees not to enter into any other agreement that conflicts with the rights granted to Apocrypha and Abstractions in this contract.

5(e). If the Author is found to be in breach of any of these representations and warranties, he/she agrees that he/she will be solely liable for any and all costs and expenses resulting from that breach and that Apocrypha and Abstractions and/or the site owner or affiliates are herby released from all liability.

5(f). Author’s Indemnity of Publisher. Author shall indemnify, defend, and hold harmless Apocrypha and Abstractions, its subsidiaries and affiliates, and their representative shareholders, officers, directors, employees, partners, associates, affiliates, join venturers, agents, and representatives, from any and all claims, debts, demands, suits, actions, proceedings, and/or prosecutions (“Claims”) based on allegations which, if true, would constitute a breach of any of the foregoing warranties and representations or any other obligation of Author under this Agreement, and any and all liabilities, losses, expenses, (including attorneys’ fees and costs) and damages in consequence thereof.

5(g). Author agrees and is herby legally responsible for all future payments, damages, or compensation of any sort resulting from the online publication of their work in the Apocrypha and Abstractions  Literary Journal. Apocrypha and Abstractions and/or its site owner and affiliates are not liable to the Author or any third parties for any compensation related to the Work, or its publication in the Apocrypha and Abstractions  Literary Journal, or any actions arising out of such publication or failure to do so.

Changes in Text or Title

6(a). Apocrypha and Abstractions will make no major alterations to the Work’s text or title without the Author’s written approval. However,

6(b). Apocrypha and Abstractions does reserve the right to make copy-editing changes to conform the style of the text to form and usage fitting the aesthetic of the site; to correct typographical, structural, and grammatical errors as it deems necessary; and/or to remove chop, wordiness, and redundancy in order to improve the clarity and the read of a piece. In other words, WE EDIT ALL STORIES. If you have an issue with your work being edited or altered, then please do not submit to us. For more information about our editorial policies, please visit our “About” page.

Reversion of Rights and Withdrawal of Offer to Publish

7(a). In the event that the Work is not published within eighteen (18) months of accepting this contract by submission of said work, all rights revert to the Author, and the Author has the right to sell or arrange for publication of the above-named Work in any manner.

7(b). Should the rights revert to the Author without publication at Apocrypha and Abstractions  Literary Journal, the Author agrees not to pursue for payments, damages, or compensation of any sort.

7(c). Should Apocrypha and Abstractions, at their discretion, choose to withdraw the Work from publication due to an ethical conflict of interest  or breach of contract, the Author agrees not to pursue for payments, damages, or compensation of any sort. See section 2(g.) regarding Archival Discretion.

Copyright

8. It is agreed and understood by all parties that the copyright of the Work remains with the Author, and that sole responsibility to provide copyright registration resides with the Author. The Author agrees to take all necessary steps to protect the copyright of their work.

Author’s Credit

9. The Author will be credited in the story header as __BY_LINE__ .

Acknowledgement

10(a). The parties acknowledge that each party has read and understood this contract before execution.

10(b). The Author understands and agrees that online acceptance of this contract via the submission of a work constitutes an electronic signature, dated from that submission.

Apocrypha and Abstractions uses Submittable.