The Marketplace Writers Agreement
By checking the box on the Helium write page, you are representing that the content you are submitting has not been previously published or otherwise distributed in any form, written or electronic.
If you submit an article for consideration (the “Material”) and that Material is purchased by a publisher, you will be deemed to have consented to the following terms and conditions. These terms and conditions shall apply to any submissions of Material, and may not be modified except for a writing signed by both you and a publisher who purchases your Material.Payment amount for any Material selected for purchase will be at the rate specified in Helium’s Marketplace. You understand there is no guarantee that your work will be purchased. If your work is not purchased by a publisher, the terms of the Helium User Agreement will apply. If your Material is purchased and there is a discrepancy between the following terms and the Helium User Agreement, the following terms shall apply.
1. You agree to cooperate in the normal editing process of the publisher, including needed, reasonable queries, fact-checking and rewriting. The publisher has the right to edit, revise, and adapt the Material as the publisher in its sole discretion, deems appropriate to prepare the Material for publication. The publisher has the right to make all final judgments on headlines, editing, and visual treatment, including illustrations (if any) accompanying the Material. The publisher shall have no obligation to publish the Material.
2. You will verify all facts in the Material, and the publisher has the right to check the Material for accuracy. You will be available to cooperate with the publisher in such checking and will provide the publisher if it requests, the documentation (sources, citations, records, names, addresses, etc.) for the Material.
3. You grant the publisher first and exclusive publication rights to the Material, and grant the publisher an irrevocable, paid up, worldwide, transferable, license in perpetuity to copy, distribute, display, publicly perform, and create derivative works of the Material, including a license to redistribute, reproduce, republish, and to authorize republication, reproduction and syndication of all or part of the Material in print, in any microform media, in any database, or in any other media or form, now known or hereafter invented, including without limitation all forms of digital media. You also represent that in giving the publisher exclusive rights to your article, you will not republish this piece as is in a personal blog, website, other online venue or in any other media, nor will you resell it to another publication.
4. You grant the publisher the right to use your name, likeness, identity, and biographical information about you, in advertising and promotion materials, distributed by the publisher or any authorized syndicator, which relate in any way to the Material. The publisher shall have the right, but not the obligation, to include your byline with the Material. The Helium Standard License strongly suggests that the publisher credit the author in the byline. However, no byline credit will be given if the author’s name as listed at Helium does not appear to be a real person’s name or the true author’s name, according to Helium’s reasonable discretion.
5. You warrant and represent that the Material will be your original expression and in no way violate any copyright or proprietary or contract or personal right of others and that it contains nothing which invades the privacy of another or which is libelous, unlawful, or obscene, and that all recipes, formulas, or instructions contained in your Material are not injurious to the user if used or followed as set forth. You will indemnify and hold harmless the publisher, its employees, directors, parent company and licensees from all liability, loss, and expense (including reasonable attorneys’ fees) arising out of any claim or demand alleging facts which, if true, would constitute a breach of these warranties or representations.
6. This Agreement is governed by the laws of the state of the publisher’s business address and the intellectual property laws of the United States. You consent to the jurisdiction of the courts located in the city and state of the publisher’s business address, and agree that any dispute regarding this Agreement must be heard in the applicable state or federal court in that state unless you and the publisher agree to a different location.
7. At the request and expense of the publisher, but without further compensation to you, you agree to execute, acknowledge and deliver all such documents or agreements as may be reasonably necessary or desirable by the publisher to obtain, maintain, protect or vest in the publisher the right, title and interests in the Material.
8. You agree not to initiate a contact with the publisher directly. Publishers are working with Helium because they do not have the time to work individually with freelancers. Your contacting a publisher directly will not reflect well on you and will endanger the future of this publisher working with Helium to provide assignments to many of our writers.
