Submission Agreement

Intermythos Manuscript Submission Agreement

Version: 1.0
Effective date: [DATE]
Operator: Intermythos LLC
Contact: [email protected]

1. About This Agreement

1.1 Parties. This Manuscript Submission Agreement (the "Agreement") is between Intermythos LLC ("Intermythos," "we," "us," "our"), and the person who submits a manuscript through our submission process (the "Submitter," "you," "your"). If you are under 18, your parent or legal guardian also accepts this Agreement as described in Section 3.

1.2 Scope. This Agreement governs only the submission and evaluation stage. It does not create a publishing relationship. A publishing relationship can exist only under a separate signed Publishing Contract (Section 13.5).

1.3 Acceptance. You accept this Agreement by ticking the acceptance box and submitting through our submission form (Section 18). If you do not agree, please do not submit.

2. Definitions

In this Agreement:

2.1 "Closing Event" means whichever of the following happens first for a Submission: (a) a Rejection; (b) a Decline; (c) a Withdrawal; or (d) Intermythos withdrawing an Offer.

2.2 "Decline" means your notice to us, in any form under Section 22, that you do not accept an Offer.

2.3 "Editorial Staff" means the Intermythos founder and any employee or contractor of Intermythos who evaluates submissions for Intermythos and is bound by written confidentiality obligations at least as protective as Section 5.

2.4 "Guardian" means a parent or legal guardian of a Submitter under 18.

2.5 "Minimal Record" has the meaning given in Section 7.4.

2.6 "Offer" means a written message from Intermythos, expressly identified as an offer to publish the Work, that states the main proposed terms or attaches a proposed Publishing Contract.

2.7 "Publishing Contract" means a separate written publishing agreement for the Work that you (and, if you are under 18, your Guardian) and Intermythos have all signed.

2.8 "Rejection" means our notice to you that we will not make an Offer for the Work.

2.9 "Submission" means everything you send us under this Agreement for a Work: the pitch, the synopsis, the sample chapters, any further material we request and you provide, and any correspondence about the Work. It includes the Work as disclosed through those materials.

2.10 "Submission Date" means the date on which our website records that we have received a complete Submission; we show it on the confirmation screen and, where email is available, in a confirmation email. If you are under 18, it means the date your Guardian completes the confirmation step in Section 3.3, if that is later.

2.11 "Withdrawal" means your notice to us that you withdraw the Submission, including a notice under Section 12.2 that the Work has been accepted elsewhere, or a deemed withdrawal under Section 3.3.

2.12 "Work" means the fantasy manuscript that the Submission comes from, including any parts you have not sent us.

3. Eligibility and Parental or Guardian Consent

3.1 Minimum age. You must be at least 13 years old to submit. Submitters aged 18 or over submit and accept this Agreement on their own. The submission form requires you to confirm your age.

3.2 Submitters aged 13 to 17. If you are 13 to 17 years old on the date you submit, your Guardian must also accept this Agreement. At the time of submission we will collect your Guardian's full name and email address. Your Guardian confirms that they: (a) are your parent or legal guardian; (b) have read this Agreement and consent to your submitting under it; and (c) agree to be named as the contact who receives copies of our notices to you.

3.3 Guardian confirmation. We will email your Guardian a request to confirm their acceptance. We will not read the Submission until the Guardian has confirmed. If the Guardian has not confirmed within 30 days after the submission, the Submission is treated as withdrawn and Section 7 applies.

3.4 No submissions from anyone under 13. Anyone under 13 may not submit, and a parent or guardian may not submit on their behalf. If we learn that we have received a submission or personal information from someone under 13, we will not read the submission and will delete it and the related personal information promptly, without keeping a Minimal Record.

3.5 Future contracts. Any Publishing Contract with a Submitter who is under 18 when it is signed must also be signed by the Submitter's Guardian, and may need other approvals required by applicable law (for example, court approval where the law provides for it). Nothing in this Agreement commits you or your Guardian to sign anything.

3.6 Accuracy. You (and your Guardian, if applicable) confirm that the age and contact details given in the submission form are accurate.

4. What to Submit

4.1 Genre. We accept original fantasy in any subgenre.

4.2 Submission package. Each Submission consists of:

• (a) a pitch describing the Work (for example: title, subgenre, approximate length, and a short blurb);
• (b) a synopsis of the whole Work, of one to two pages; and
• (c) the first three chapters of the Work, up to about 10,000 words in total. If your first three chapters run longer, send up to a natural break near 10,000 words.

4.3 One Work per Submission. Each Submission should cover one Work. You may submit different Works separately.

4.4 Keep your own copies. Keep your own copies of everything you send us. We are not a storage or backup service for your Work, and we will not return materials.

5. You Keep All Rights

5.1 No transfer or license. Submitting grants Intermythos no rights in the Work or the Submission. You keep all right, title and interest in and to the Work and the Submission, including copyright and all other intellectual property rights.

5.2 Evaluation only. The only thing Intermythos may do with the Submission is receive it, store it and make the internal copies needed for the Editorial Staff to read and evaluate it for possible publication. This permission is not a license of any publishing, adaptation or other right. It ends automatically when the Submission is deleted under Section 7.

5.3 No option or first refusal. Submitting does not give Intermythos any option, right of first refusal, right of first negotiation, or claim on the Work or on any other work of yours.

6. Confidentiality and Security

6.1 Editorial Staff only. Only Editorial Staff will review the Submission.

6.2 No sharing, publication or disclosure. We will not share, publish or disclose the Submission, or the fact that you submitted it, to anyone outside the Editorial Staff, except:

• (a) with your prior written consent (and, if you are under 18, your Guardian's);
• (b) to your Guardian, if you are under 18;
• (c) to service providers that store or transmit data for us (such as our email, form and file-storage providers). They handle the Submission only as needed to provide that service, under confidentiality or data-protection terms, and do not review its contents; or
• (d) where a law, regulation or court order requires it. In that case we will disclose only what is required and, where the law allows, will tell you first so that you can seek protection.

6.3 Security. We will protect the Submission using reasonable administrative and technical measures appropriate to a small publisher. These include limiting access to Editorial Staff, using password-protected accounts with two-factor authentication where available, and not keeping Submission files on shared or public systems. If we learn that the Submission has been accessed or disclosed without authorisation, we will tell you promptly and take reasonable steps to limit the harm.

6.4 Material you have already made public. If you have already published part of the Work yourself (for example, as a web serial), our confidentiality duty does not cover the parts that are already public. We still will not disclose that you submitted the Work. Section 7 applies in full whether or not any part of the Work is public.

7. Non-Use, Deletion and Records

7.1 Non-use. Unless and until a Publishing Contract is signed for the Work, and at all times after a Closing Event, Intermythos will not use the Submission or the Work in any way other than the evaluation permitted by Section 5.2. In particular, we will not use, copy, publish, adapt, excerpt, summarise for others, or build upon the text, characters, settings, plot or other distinctive expression of the Submission or the Work, and we will not pass any of it to anyone else to use. This Section is subject only to Section 8 (ideas that no one owns) and does not end.

7.2 Deletion. Within 30 days after a Closing Event, we will delete the Submission and all copies we hold, including copies in email accounts, submission-form systems and file storage.

7.3 Backups. If a copy exists in an automated backup that cannot delete individual items, we will not access, restore or use that copy. It will be overwritten in the ordinary backup cycle, and in any case within 90 days after the Closing Event.

7.4 Minimal Record. After deletion we keep only the following (the "Minimal Record"): your name; your email address; the Work's title; the Submission Date; the date and type of the Closing Event and of any decision; the acceptance record described in Section 18.2; and, if you were under 18, your Guardian's name and email address and the Guardian's acceptance record. The Minimal Record does not include any text of the Submission.

7.5 Why we keep the Minimal Record. We keep it so that we can: (a) answer your questions about your Submission; (b) recognise and handle resubmissions correctly; (c) show that we followed this Agreement, including our deletion and non-use promises; and (d) establish or defend legal claims about the Submission.

7.6 How long. We keep the Minimal Record for three (3) years after the Closing Event and then delete it. If a legal claim or formal dispute about the Submission is pending at that time, we keep it until that matter is resolved. You may ask us to delete the Minimal Record earlier, and we will do so unless we reasonably need it for purpose (d) in Section 7.5.

7.7 Confirmation. On request, we will confirm by email that deletion has been completed.

8. Similar Ideas and Independent Development

8.1 Ideas are not owned. You and we both recognise that ideas, themes, tropes, genre conventions, common plot structures, character archetypes, general concepts, facts and familiar settings are not owned by anyone and cannot be protected by copyright or by this Agreement. Your expression of them can be.

8.2 We may already have or develop similar material. Intermythos publishes and develops fantasy, including the founder's own writing and work received from other authors. We may already have, or may later receive or create on our own, material that is similar to your Submission in its ideas, themes or tropes. Nothing in this Agreement stops us or others from creating, acquiring or publishing such material, provided it is created independently and does not use your Submission's expression in breach of Section 7.

8.3 Similarity alone. Similarity of ideas, themes, tropes or general concepts between your Submission and material published or developed by Intermythos is not, by itself, evidence that we used your Submission.

8.4 Our records. We keep reasonable dated records of when our own projects begin and develop, so that we can show independent development if a question ever arises.

8.5 Your rights are preserved. This Section does not waive your copyright or any other right in your expression. It does not permit copying, and it does not limit Sections 5, 6 or 7.

8.6 No payment for ideas. Your Submission is not an offer to sell ideas for payment. Neither party expects any payment in connection with the Submission. Any payment to you for the Work will arise only under a Publishing Contract.

9. Review and Replies

9.1 Every Submission gets a reply. We aim to send a reply to every Submission within 8 weeks after its Submission Date. The reply will be a Rejection, a request for further material, or an Offer. This is a best-efforts commitment, not a guarantee.

9.2 Requests for further material. A request for further material (such as the full manuscript) counts as a reply. When we ask, we will tell you our expected timeline for the next step, which we aim to keep to 8 weeks after we receive that material. Further material becomes part of the Submission and is covered by this Agreement.

9.3 If we are late. If you have not heard from us within 8 weeks, you may email us to ask about the Submission. We will reply within 7 days after your follow-up with either a decision or a date for one, and that date will be no more than 4 weeks after your follow-up.

9.4 Walking away. If we miss the date given under Section 9.3, or do not answer your follow-up within 7 days, you may withdraw the Submission by notice at any time. You may also withdraw at any other time for any reason. Once you withdraw, Section 7 applies.

9.5 No feedback obligation. We may give editorial comments but are not required to. Any comments we give do not affect your ownership of the Work.

10. No Fees

10.1 Intermythos will never charge you any fee to submit, to have your work read or reviewed, or to be published. We will never require you to buy copies, services or packages as a condition of evaluation or publication.

11. No Obligation

11.1 Submitting does not oblige Intermythos to publish the Work, to make an Offer, to enter into any contract, to give feedback, or to respond beyond the reply commitments in Section 9.

11.2 Submitting does not oblige you to accept any Offer or to sign any contract.

12. Simultaneous Submissions and Withdrawal

12.1 Allowed. You may submit the Work to other publishers, agents or platforms at the same time as to us.

12.2 Accepted elsewhere. If you accept an offer from another publisher for the Work, or otherwise grant publication rights in it, please notify us promptly. Your Submission is then withdrawn and Section 7 applies.

12.3 Withdrawal at any time. You may withdraw a Submission at any time by notice to us, with no reason required and no penalty.

13. If We Make an Offer

13.1 Freedom to decline. If we make an Offer, you may decline it at any time, for any reason, simply by telling us (Section 22). On the day you tell us, you are free to deal with the Work in any way, including signing with another publisher.

13.2 Notice period. For 14 days after the date of an Offer (the "Notice Period"), you agree that you will not sign a publishing agreement for the Work with another publisher without first notifying us that you decline our Offer. The Notice Period is not an exclusivity period. During it you may keep submitting the Work, discussing it, negotiating and receiving offers elsewhere. You may end the Notice Period at any moment by declining our Offer. It also ends if we withdraw the Offer.

13.3 Consequence of breach. If Section 13.2 is breached, our only remedy is to withdraw our Offer. We will not claim any right in or to the Work, seek to stop its publication elsewhere, or seek money for that breach.

13.4 Offers are not contracts. An Offer is an invitation to agree a Publishing Contract. It does not by itself grant us any rights. We may withdraw an Offer at any time before a Publishing Contract is signed. If we do, Section 7 applies.

13.5 Publishing Contract governs. Any publishing relationship between you and Intermythos exists only under a signed Publishing Contract. Once one is signed, it governs the Work. If it conflicts with this Agreement, the Publishing Contract prevails. Sections 6 and 7 continue to protect any material the Publishing Contract does not cover.

14. Your Promises (Warranties)

By submitting, you promise that:

14.1 the Submission and the Work are your original work, or you have the permission of every co-author to submit them;

14.2 you own or control the rights in the Work needed to submit it, and have not granted anyone exclusive rights that would prevent you from submitting it or entering a Publishing Contract for it;

14.3 to the best of your knowledge, the Submission does not infringe anyone's copyright, trademark or other rights; and

14.4 the Submission does not contain anyone else's confidential information that you are not permitted to share.

15. Indemnity

15.1 Scope. If a third party makes a claim against Intermythos because one of your promises in Section 14 was untrue, you will reimburse Intermythos for the reasonable costs, losses and legal fees it actually incurs as a direct result of that claim.

15.2 Conditions. This applies only if we: (a) tell you promptly about the claim; (b) give you a reasonable opportunity to respond to or resolve it; and (c) do not settle it in a way that admits fault on your behalf without your consent.

15.3 Proportion. Your obligation is reduced to the extent that our own acts or omissions caused or contributed to the loss.

15.4 Guardians. A Guardian who accepts this Agreement does so to consent and to receive notices. The Guardian does not personally give the promises in Section 14 or the indemnity in this Section 15.

16. Privacy

16.1 Privacy Policy. Our Privacy Policy at intermythos.com/privacy explains in more detail how we handle personal information. If it conflicts with Section 7 or this Section 16, this Agreement prevails for your Submission.

16.2 What we collect. For each Submission we collect: your name; your email address; your age confirmation; the Work's title; the Submission itself; the acceptance record (Section 18.2); and, if you are under 18, your Guardian's name, email address and acceptance record. We collect nothing else unless you choose to include it (for example, in your pitch).

16.3 Why. We use this information only to evaluate your Submission, to communicate with you (and your Guardian), to keep the Minimal Record for the purposes in Section 7.5, and to comply with the law.

16.4 How long. We keep the Submission until deletion under Section 7.2, and the Minimal Record for the period in Section 7.6. While a Publishing Contract is in force, it governs the retention of information needed to perform it.

16.5 Your rights. Depending on where you live, you may have rights to access, correct or delete your personal information, or to object to its use. To exercise them, contact us at the address in Section 22.

16.6 No sale. We do not sell or rent personal information or use it for advertising.

17. Limitation of Liability

17.1 Indirect loss. Neither party is liable to the other under this Agreement for indirect or consequential loss, or for loss of profits or opportunity that was not reasonably foreseeable when the Submission was made.

17.2 Cap. Except as set out in Section 17.3, each party's total liability to the other under this Agreement is limited to US$100.

17.3 Exclusions from the limits. Sections 17.1 and 17.2 do not limit:

• (a) Intermythos's liability for breach of Section 5 (You Keep All Rights), Section 6 (Confidentiality and Security) or Section 7 (Non-Use, Deletion and Records);
• (b) either party's liability for infringing the other's intellectual property rights;
• (c) your liability for a promise in Section 14 that you knew was untrue when you made it;
• (d) liability for fraud, gross negligence or wilful misconduct; or
• (e) any liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence.

17.4 Mandatory rights. Nothing in this Agreement removes any right you have under consumer protection or other law that cannot be waived by contract.

18. Electronic Acceptance and Records

18.1 Click-to-accept. You accept this Agreement by actively ticking an unticked box labelled to show your agreement to this Agreement (with a link to its full text) and then submitting. Your Guardian, if required, accepts through the same kind of step and the confirmation in Section 3.3. Electronic acceptance has the same effect as a signature.

18.2 What we record. When you (and any Guardian) accept, we record: the version number of this Agreement; the date and time of acceptance (in UTC); the IP address used; the browser and device information your browser sends (the "user agent"); and the name and email address entered.

18.3 Your copy. After you submit, we will email you (and any Guardian) a confirmation with a link to, or a copy of, the version you accepted. Please keep it.

19. Changes to This Agreement

19.1 We may update this Agreement for future submissions by publishing a new version with a new version number and effective date.

19.2 Each Submission is governed by the version accepted when it was submitted. A new version does not apply to an existing Submission unless you (and any Guardian) expressly accept it. You never have to accept it, and declining it does not affect your Submission.

20. General Terms

20.1 No partnership or agency. This Agreement does not create any partnership, joint venture, employment, agency or fiduciary relationship. Neither party may bind the other.

20.2 Severability. If any part of this Agreement is found invalid or unenforceable, that part will be limited to the minimum extent necessary, and the rest remains in effect. If a part benefiting you is limited, the rest of that part still applies to the fullest extent allowed.

20.3 Entire agreement (submission stage only). This Agreement, together with the Privacy Policy as information, is the entire agreement between the parties about the submission and evaluation of the Work. It replaces any earlier statements about that stage. It does not cover publication, which only a Publishing Contract can govern.

20.4 No waiver. Failing or delaying to enforce any part of this Agreement is not a waiver of it.

20.5 Transfer. Intermythos may transfer this Agreement only to a successor that takes over its publishing business and agrees in writing to be bound by Sections 5, 6 and 7. We will tell you if that happens, and you may then withdraw your Submission. You may not transfer this Agreement without our consent, except that it continues to protect your heirs and successors in the Work.

20.6 Survival. Sections 5, 6, 7, 8, 13.3, 15, 17, 20 and 21 survive any Closing Event and the end of this Agreement.

20.7 Headings and summary. Headings and the Summary of Key Terms are for convenience only and do not change the meaning of this Agreement.

21. Governing Law and Disputes

21.1 Talk first. If a dispute arises, either party will first raise it in writing with the other. Both will try in good faith to resolve it within 30 days before starting formal proceedings, unless urgent relief is needed to protect confidential material or intellectual property.

21.2 Governing law. This Agreement is governed by the laws of Arizona, without regard to its conflict-of-laws rules.

21.3 Venue. The courts located in [COUNTY, STATE] have jurisdiction over disputes under this Agreement.

21.4 Your local protections. If you live in a country or state whose laws give you mandatory protections, or the right to bring proceedings in your local courts, that cannot be removed by contract, Sections 21.2 and 21.3 do not remove them.

22. Notices and Contact

22.1 To Intermythos. Send notices, including a Decline, a Withdrawal, a follow-up under Section 9.3, a notice under Section 12.2 and privacy requests, by email to [email protected], with the Work's title in the subject line. A Decline or Withdrawal takes effect when sent.

22.2 To you. We will send notices to the email address you gave in your Submission. If you are under 18, we will send copies to your Guardian's email address. Please tell us if your email address changes.

22.3 Legal entity. Intermythos LLC, a limited liability company organised under the laws of Arizona, [REGISTERED ADDRESS].

Intermythos Manuscript Submission Agreement, Version 1.0. The version you accepted is recorded with your Submission.