Last Updated: November 1, 2024

1. Introduction

These Terms and Conditions (hereinafter referred to as the “Terms”) constitute a legally binding agreement between The Channel Press (hereinafter referred to as “TCP,” “we,” “us,” or “our”), a publishing company registered under the laws of Canada, and any individual or entity (hereinafter referred to as “you,” “your,” or “User”) accessing or using our website at [website URL] (the “Site”) or any of our publishing services. These Terms comprehensively outline the rules, guidelines, and obligations that govern your use of our Site and services. By accessing, browsing, or using any part of our Site or services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. If you do not agree to be bound by these Terms, you must immediately cease using our Site and services.

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

“Content” encompasses all information, text, files, images, graphics, photographs, illustrations, creative works, data, software, scripts, projects, works of authorship, and other materials that are posted, generated, provided, or otherwise made available through the Site. This includes but is not limited to user-generated content, TCP-generated content, and any third-party content that appears on or is accessible through the Site.

“Manuscript” refers to any original written work, including but not limited to novels, short stories, poetry, academic papers, articles, or other literary works, submitted to TCP for publication consideration, regardless of its format or stage of completion. This includes all accompanying materials such as illustrations, tables, figures, and supplementary content that forms part of the submission.

“Publishing Services” encompasses the complete range of professional services offered by TCP, including but not limited to manuscript evaluation, developmental editing, copy editing, proofreading, formatting, cover design, publication, distribution, marketing, and any other services related to the publishing process as specified in individual publishing agreements.

“User” denotes any individual, organization, or entity that accesses, browses, or uses the Site or TCP’s services, whether registered or unregistered, including authors, readers, visitors, and clients.

3. Account Registration and Security

3.1 Eligibility

To create an account and use our services, you must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher. If you are accessing and using the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity. You acknowledge that TCP has no obligation to verify your age or authority but reserves the right to request proof of age or authorization at any time. TCP maintains the right to refuse service, terminate accounts, or cancel orders at its sole discretion, particularly if TCP believes that user conduct violates applicable law or is harmful to the interests of TCP or its users.

3.2 Account Creation and Maintenance

When creating an account, you must provide accurate, current, and complete information as prompted by the registration process. This information includes, but is not limited to, your legal name, email address, physical address, phone number, and any other information requested during registration. You acknowledge and agree to promptly update your account information to maintain its accuracy and completeness. You are solely responsible for safeguarding your account credentials and maintaining the confidentiality of your password. You agree to choose a strong password that combines letters, numbers, and special characters, and to change it periodically to maintain security. You must not share your account credentials with any third party or allow others to access your account. Any activities that occur under your account will be deemed to have been authorized by you, and you will be solely responsible for all actions, communications, and content associated with your account.

3.3 Account Security and Monitoring

You agree to immediately notify TCP of any unauthorized use of your account, any breach of security, or any other violation of these Terms that comes to your attention. This notification should include detailed information about the unauthorized access or security breach to help TCP take appropriate action. TCP reserves the right to monitor account activity for security purposes and to ensure compliance with these Terms. This monitoring may include tracking login attempts, reviewing content submissions, and analyzing usage patterns. TCP may suspend or terminate access to any account that shows signs of unauthorized use, suspicious activity, or violation of these Terms. In the event of a security breach, TCP may require you to change your password or provide additional verification of your identity before restoring account access.

4. Publishing Services

4.1 Manuscript Submission Process

The manuscript submission process is designed to protect both authors and TCP while ensuring efficient evaluation of submitted works. When you submit a manuscript, you grant TCP a temporary, non-exclusive license to review and evaluate your work for potential publication. This license includes the right to distribute your manuscript to appropriate editors, reviewers, and staff members for evaluation purposes. During the submission process, you retain all copyright ownership of your manuscript, and TCP agrees to maintain the confidentiality of unpublished works. TCP employs industry-standard security measures to protect submitted manuscripts from unauthorized access or distribution. The submission process may include multiple stages of review, and TCP reserves the right to request revisions or additional materials at any stage. Authors must comply with TCP’s submission guidelines, including proper formatting, word count requirements, and genre specifications.

4.2 Author Warranties and Representations

By submitting a manuscript to TCP, you make the following warranties and representations, each of which is material to TCP’s decision to consider your work for publication:

You warrant that you are the sole author of the manuscript or have obtained and can provide written proof of all necessary rights, licenses, and permissions from any co-authors or rights holders. The manuscript submitted is your original work, created through your own intellectual effort, and does not infringe upon any copyright, proprietary right, trademark, or intellectual property right of any third party. You warrant that all statements of fact contained in the manuscript are true and accurate to the best of your knowledge after reasonable research and inquiry, and that any opinions expressed are your honest views based on credible evidence or experience. The manuscript does not contain any defamatory, libelous, or unlawful material, and its publication will not violate any right of privacy or publicity. You have obtained written permission for the use of any third-party content included in the manuscript, including but not limited to quotes, photographs, illustrations, charts, graphs, or excerpts, and you can provide copies of such permissions upon request. The manuscript has not been previously published in any form, is not currently under consideration for publication elsewhere, and will not be submitted elsewhere while under consideration by TCP. You warrant that you have the full right and authority to enter into a publishing agreement with TCP and that there are no claims, litigation, or other proceedings pending or threatened that could interfere with the publication of the work.

4.3 Publishing Agreement and Terms

Upon TCP’s acceptance of a manuscript for publication, a separate publishing agreement will be executed between TCP and the author. This agreement will serve as the primary contract governing the publication relationship and will supersede any prior agreements or understandings regarding the publication of the work. The publishing agreement will comprehensively detail:

Royalty rates and payment structures, including specific percentages for different formats (print, digital, audio) and sales channels, payment schedules, reporting periods, and minimum thresholds for payment. The anticipated publication timeline, including key milestones for editing, design, production, and release dates, with provisions for potential delays or extensions. The specific rights granted to TCP, including but not limited to print, digital, and subsidiary rights, along with any territorial or language restrictions. Marketing and distribution commitments, including TCP’s promotional efforts, distribution channels, and any author participation requirements. The duration of the agreement and any terms for renewal or termination. Requirements for author approval of edits, cover design, and marketing materials. Provisions for revised editions, series rights, and future works. The author’s warranties and indemnification obligations. Dispute resolution procedures and governing law.

5. Prohibited Activities

5.1 Technical and Security Violations

Users are strictly prohibited from engaging in any activities that compromise or attempt to compromise the technical integrity or security of the Site or its associated systems. This includes, but is not limited to, attempting to probe, scan, or test the vulnerability of any system or network associated with the Site; attempting to breach or circumvent any security or authentication measures; attempting to access data not intended for the user; attempting to interfere with service to any user, host, or network, including without limitation, by means of submitting malware, viruses, overloading, flooding, spamming, mail-bombing, or crashing; forging any TCP packet header or any part of the header information in any email or posting; or taking any action that imposes an unreasonable or disproportionately large load on our infrastructure. Any violation of system or network security may result in civil or criminal liability. TCP will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

5.2 Content and Behavioral Restrictions

Users must not engage in any activities that violate the intellectual property rights, privacy rights, or other rights of TCP or any third party. This prohibition encompasses the unauthorized copying, distribution, or exploitation of copyrighted material; the use of trademarks, service marks, or other proprietary content without appropriate permission; and the collection, storage, or transmission of personally identifiable information about other users without their express consent. Users are forbidden from posting, transmitting, or distributing any content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts, sexual orientation, gender, race, religion, national origin, or disability. Additionally, users must not engage in any conduct that could disable, overburden, or impair the proper functioning of the Site or interfere with any other party’s use and enjoyment of the Site.

5.3 Commercial and Automated Access Restrictions

Unless explicitly authorized in writing by TCP, users are prohibited from engaging in any automated data collection, data mining, scraping, crawling, or similar activities on or through the Site. This includes the use of robots, spiders, scripts, or other automated methods to access, collect, copy, or monitor any portion of the Site. Users may not utilize the Site or its content for any commercial purpose without TCP’s express written consent. This includes any attempt to resell or redistribute Site content, create derivative works based on Site content, or use the Site’s data to develop competing products or services. Users are also prohibited from framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information of TCP without express written consent.

6. Payment Terms

6.1 Fee Structure and Payment Processing

All fees and charges for TCP’s services are denominated in Canadian Dollars unless explicitly stated otherwise in writing. The fee structure encompasses various service categories, including but not limited to manuscript evaluation fees, editing services, publication packages, marketing services, and additional promotional options. TCP reserves the right to modify its fee structure upon thirty (30) days’ notice to users, with such notice being provided through the Site or via email to registered users. All payments must be processed through TCP’s authorized payment systems, which may include credit card processing, electronic funds transfer, or other payment methods as specified by TCP. Users must provide accurate and complete payment information and authorize TCP to charge the designated payment method for all fees incurred. TCP utilizes industry-standard security measures to protect payment information and complies with applicable payment card industry (PCI) standards.

6.2 Invoicing and Payment Terms

TCP will generate detailed invoices for all services rendered, clearly itemizing each charge and applicable taxes. Invoices will be delivered electronically to the email address associated with the user’s account. Payment terms vary by service type: manuscript evaluation fees are due upon submission; editing and production services require a percentage deposit with the balance due according to project milestones; and ongoing services may be billed on a monthly or quarterly basis as specified in the service agreement. Users are responsible for all applicable taxes, including but not limited to sales tax, value-added tax (VAT), and goods and services tax (GST), as required by law. Late payments will incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower, plus any applicable collection costs.

6.3 Refund and Cancellation Policies

TCP maintains a structured refund policy that varies based on the service type and stage of completion. Refund requests must be submitted in writing within thirty (30) days of service initiation or as specified in the applicable service agreement. Manuscript evaluation fees are non-refundable once the evaluation process has begun. For editing and production services, refund eligibility is determined by the stage of project completion: full refunds minus processing fees may be available if work has not commenced; partial refunds may be provided for incomplete work, calculated based on the percentage of completion; and no refunds are available for completed work. Cancellation of ongoing services requires thirty (30) days written notice and may be subject to cancellation fees as specified in the service agreement. Processing fees, including but not limited to credit card processing fees, administrative fees, and currency conversion fees, are non-refundable in all cases. Approved refunds will be processed within thirty (30) business days using the original payment method where possible.

7. Intellectual Property Rights

7.1 TCP’s Proprietary Rights

All content, features, and functionality of the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, user interface, visual interface, website design, and the compilation thereof, is the exclusive property of TCP or its licensors and is protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The TCP name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TCP or its affiliates or licensors. Users may not use such marks without TCP’s prior written permission. TCP’s intellectual property rights extend to its proprietary publishing processes, editorial methods, marketing strategies, and business practices. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display, or performance of the content on the Site is strictly prohibited and may result in civil and criminal penalties.

7.2 User Content and License Grants

Users retain ownership of all intellectual property rights in their submitted content, including manuscripts, comments, feedback, and other materials submitted to TCP. However, by submitting content to TCP, users grant TCP a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submitted content in connection with TCP’s business operations. This license includes the right to promote and market TCP’s services using submitted content, subject to any confidentiality obligations specified in these Terms or separate agreements. For manuscripts accepted for publication, the specific rights granted to TCP will be governed by the separate publishing agreement. Users represent and warrant that they have all rights necessary to grant these licenses and that submitted content does not infringe on any third-party rights.

7.3 Third-Party Content and Fair Use

TCP respects the intellectual property rights of others and expects users to do the same. Users must ensure that any third-party content included in their submissions is properly licensed or falls within fair use guidelines. TCP maintains a policy of removing or disabling access to content that infringes on third-party copyrights upon receipt of proper notification. TCP reserves the right to terminate user accounts and access to services for repeated copyright infringement. Users agree to cooperate with TCP in investigating claims of intellectual property infringement and to comply with TCP’s intellectual property policies and procedures. TCP provides attribution for third-party content as required by applicable licenses and agreements.

8. Disclaimer and Limitation of Liability

8.1 Warranty Disclaimers

The Site and all services provided by TCP are furnished “as is” and “as available” without any warranties of any kind, whether express, implied, or statutory. TCP expressly disclaims all warranties and conditions of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. TCP makes no warranty that the Site or services will meet your requirements or expectations; that the Site will be available on an uninterrupted, secure, or error-free basis; that the results that may be obtained from the use of the Site or services will be accurate, timely, or reliable; or that the quality of any products, services, information, or other material obtained through the Site will meet your expectations. While TCP implements reasonable security measures, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. Any material downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

8.2 Limitation of Liability

To the fullest extent permitted by applicable law, TCP and its officers, directors, employees, agents, affiliates, successors, and assigns shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if TCP has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Site or services; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Site; (iv) any actions we take or fail to take as a result of communications you send to us; (v) any incorrect or inaccurate information, whether caused by users or by any equipment or programming associated with or utilized in TCP’s services; (vi) technical failures of any kind, including but not limited to interruptions, malfunctions, delays, or disconnections in phone lines or network hardware or software; (vii) human error, whether by TCP employees, users, or third parties; or (viii) any other matter relating to the Site or services.

8.3 Aggregate Liability Cap

Notwithstanding anything to the contrary contained herein, TCP’s aggregate liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of: (a) the amount paid, if any, by you to TCP for the services in the twelve (12) months prior to the action giving rise to the liability, or (b) one hundred Canadian dollars (CAD 100.00). The existence of more than one claim will not enlarge this limit. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

9. Dispute Resolution

9.1 Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to these Terms or the Site shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and TCP shall be brought exclusively in the federal or provincial courts located in Toronto, Ontario, except that TCP shall have the right to bring proceedings in any jurisdiction to obtain injunctive relief or other legal remedies. You hereby irrevocably consent to the jurisdiction and venue of such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any cause of action or claim you may have with respect to TCP must be commenced within one (1) year after the claim or cause of action arises; otherwise, such claim or cause of action shall be permanently barred.

9.2 Mandatory Arbitration Process

Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, shall be referred to and finally determined by arbitration administered by the ADR Institute of Canada in accordance with its Canadian Arbitration Rules. The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English. There shall be one arbitrator. The arbitrator shall be appointed by agreement of the parties or, failing such agreement, by the ADR Institute of Canada in accordance with its rules. The arbitrator shall determine the rights and obligations of the parties according to the substantive laws of Ontario, Canada, excluding its conflict of law rules. The arbitration proceedings shall be confidential and closed to the public. The parties shall maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as necessary in connection with a judicial challenge to or enforcement of an Award, or unless otherwise required by law.

9.3 Class Action Waiver and Small Claims Option

You and TCP agree that any arbitration shall be limited to the dispute between TCP and you individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Notwithstanding the foregoing, either party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction, provided that the claim is brought on an individual basis and not as part of a class action or on behalf of others.

10. General Provisions

10.1 Modifications and Updates to Terms

TCP reserves the right, at its sole discretion, to modify, amend, or update these Terms at any time. Such modifications shall become effective immediately upon posting on the Site. TCP will make reasonable efforts to notify users of material changes through prominent notices on the Site or via email to registered users. Your continued use of the Site or services following the posting of any modifications constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates. If you do not agree to any modifications, you must immediately cease using the Site and services. The date of the last modification will be posted at the beginning of these Terms for your reference. Special terms may apply to some services offered on the Site, such as subscription-based services, promotional offers, or branded content, and such special terms may be posted in connection with the applicable service and are incorporated into these Terms by reference.

10.2 Severability and Integration

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, including all documents expressly incorporated by reference, constitute the entire agreement between you and TCP with respect to the Site and services, superseding any prior agreements or understandings (whether oral or written). No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

10.3 Force Majeure and Assignment

TCP shall not be liable for any failure or delay in performance under these Terms where such failure or delay is caused by conditions beyond its reasonable control, including but not limited to natural disasters, government actions, war, civil unrest, labor strikes or shortages, terrorist attacks, power failures, and Internet or telecommunications disruptions. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without TCP’s prior written consent but may be assigned by TCP without restriction and without notice to you. Any attempted transfer or assignment in violation hereof shall be null and void.

10.4 Contact Information and Notice

Any questions, concerns, or communications regarding these Terms should be directed to:

The Channel Press
11 Fredericton, NB E3B 4Y2 Canada

Email: [email protected]
Phone: +1 (506) 471-3958

All notices to users will be posted on the Site or sent via email to the address associated with your account. Notices shall be deemed given upon posting on the Site or twenty-four (24) hours after email transmission.

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By accessing or using the Site or any TCP services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Last Updated: November 1, 2024