Radish

CONTENT POLICY

Introduction
1. This content policy (“Content Policy”) applies to and governs Radish Media, Inc., registered in the state of Delaware with offices at 21 W 46th St., Ste 1003, New York, New York 10036 c/o Workhouse NYC (“Radish”, “we”, “our”) relationship with users (“users”, “you”) of the Platform in connection with the use of certain content on the Platform. Capitalized terms used but not defined herein shall have the respective meanings ascribed to such terms as found on the User Terms Of Service and Privacy Policy (the “Terms”). This Content Policy is incorporated into the Terms by reference and is subject to all terms and conditions found in the Terms.
2. By accessing or using the Platform, you confirm that you unconditionally accept this Content Policy. Please read this Content Policy carefully before using the Platform. If you do not agree to the terms found on this Content Policy, please do not use the Platform and you are not granted permission to access, view, or otherwise use the Platform for any purpose.
3. By using the Platform, you hereby grant us a worldwide license to use, exploit, sell, display, store, adapt, publish, translate, distribute, and/or reproduce your Content and your name, likeness, and biographical materials on the Platform. The exclusivity and length of this grant shall be governed by your Pricing Model and Publication Type designations, as further described herein. For the avoidance of doubt, all rights not expressly granted to Radish herein shall be reserved to you and Radish is not claiming any ownership in and to your Content.
4. This Content Policy is effective as of and was last updated on April 1, 2021. Radish reserves the right to modify, alter, amend, or update this Content Policy at any time without notice to you in Radish’s sole and absolute discretion, and such new Content Policy will immediately take effect upon Radish posting the new Content Policy on the Platform or otherwise disseminating the new Content Policy to you, such as by e-mail. You are encouraged to frequently visit the following website, at https://writers.radishfiction.com/pages/contentpolicy, to review the current Content Policy. Notwithstanding the foregoing, Radish will attempt to notify you in a commercially reasonable amount of time any changes to the Content Policy. Your continued use of the Platform in any capacity following any changes to the Content Policy shall be deemed your acceptance of any and all changes to the Content Policy and your agreement to be bound by the most current revision to the Content Policy.
Content Standards
1. The following terms shall have the following meanings for the purposes of the Content Policy:
  1. “Access Fee” means the amount of Coins (as defined in the Terms) paid by a user in order to view a Paid Content;
  2. “Ancillary Author Information” means information associated with the Work which shall include, without limitation, author or pseudonym name, the title of the Work and title of each Episode, copyright notice for the Work, summaries of the Work, and trademarks and logos associated with the Author and Work;
  3. “Artwork” means book covers, photos, drawings, and illustrations associated with a Work;
  4. “Content” means all content you upload to the Platform, including but not limited to Works, Episodes, Artwork, Insert Content, and Ancillary Author Information, but excluding any Comments;
  5. “Episode” means an excerpt of a Work;
  6. “Episode Lock Period” means the period of time in which an Episode will be locked and only accessible by paying an Access Fee. The Episode Lock Period, if applicable and as further set forth on the Writer’s Web, will be displayed on the Platform during the Content purchase process;
  7. “Insert Content” means promotional content provided by you and associated with the Work, such as book reviews, biographies, forewords and similar content;
  8. “Paid Content” means any Content on the Platform that can only be accessed by paying the Access Fee;
  9. “Work” means a literary work; and
  10. “Writer’s Web” means the platform provided by Radish which enables you to upload the Content to the Platform.
2. All Content, in whole or part, that you upload or otherwise make available on the Platform shall strictly conform with all terms and conditions contained herein and the Terms. Content must comply with applicable law in the United States and in any country from which it is posted or otherwise accessible, and be in accordance with all contractual obligations owed to third parties, including, without limitation, if Content is subject to terms imposed by third party contractual relationships. In the event that any Content is subject to any third party rights, you must inform us of such restrictions prior to the delivery of the Content or the Content otherwise being uploaded to or made available on the Platform.
3. Each Work must include and/or conform with the following general specifications:
  1. The Work shall not consist of a short story or stories, an anthology, compilation or collection of other works;
  2. Each Episode shall include textual story content of at least seven hundred (700) words, and not be of excessive length, such determination to be made in Radish’s sole discretion. Any Episode that is not acceptable in length will be rejected, and you will need to resubmit the Episode in accordance with this Content Policy. Please inquire with Radish at support@radishfiction.com if you have any questions regarding maximum Episode length;
  3. Each Episode shall be professional, competent and fit for publication. Radish may decline to publish any Episode which fails to be acceptable in accordance with such standards and require that Author revise such Episode to make it acceptable;
  4. Ancillary Author Information;
  5. Mature Content Rating;
  6. Artwork; and
  7. Insert Content.
4. You shall deliver all Content you wish to make available on the Platform to the Writer’s Web in acceptable digital formats as specified by Radish from time to time.
5. Before you can distribute and publish a Work on the Platform, you must select the Work to be one of three pricing models (each, a “Pricing Model”). Please choose a Pricing Model carefully, as you may not be able to change it later. Please see paragraph 2.7 below:
  1. “Free Work” - A Work containing no Paid Content.
  2. “Freemium Work” - A Work containing Paid Content based on the Episode Lock Period. After the expiration of the Episode Lock Period, there will no longer be an Access Fee and the Episode becomes “Free”.
  3. “Premium Work” - A Work with permanently Paid Content that is only ever available to users who have paid the Access Fee for each applicable Episode.
  4. “Wait-to-Unlock Work” - A Work containing both i) Paid Content based on the Episode Lock Period, and ii) permanently Paid Content. For Paid Content based on the Episode Lock Period, once a user has clicked on any locked Episode, the Episode Lock Period shall begin. After the expiration of the Episode Lock Period, there will no longer be an Access Fee for the Episode the user previously clicked on, and such Episode will become "Free" Content for said user. Once the user has accessed such subsequent Episode, the Episode Lock Period shall begin again, and such process shall continue for all remaining Episodes in the Work, excepting any Episodes that you designate as permanently Paid Content. (For example purposes only, for a Work consisting of thirty (30) Episodes, with ten (10) Episodes therein of permanently Paid Content, once a user has read the first three (3) Episodes in their entirety, you may designate an Episode Lock Period of twelve (12) hours to begin. Following the expiration of such twelve (12) hours, the user may access an Episode of their choosing without charge, excluding any Paid Content. When such user accesses the fourth Episode of a Work, an Episode Lock Period of twelve (12) hours will occur again before the user can access the fifth Episode of the Work without charge. This process would continue for each Episode until the user reaches the final ten (10) Episodes of the Work, which then may only be accessed following payment of the Access Fee by the User.)
6. Notwithstanding the foregoing or anything to the contrary contained herein:
  1. The first three (3) Episodes of each Work for any Pricing Model selected will be made available free to all users of the Platform. The Access Fee shall apply starting with the fourth Episode of each Work and onward. The first three Episodes of each Work may be made available by you and otherwise published outside of the Platform for promotional purposes.
  2. The first three hundred (300) words of each Episode commencing with the fourth Episode of each Work and onward may be made available by you and otherwise published outside of the Platform for promotional purposes.
7. The designation of a Pricing Model shall remain for the duration of that Work’s distribution and publication on the Platform; however, you may request to change the Pricing Model for a Work by writing to us at support@radishfiction.com. In the event we approve the change in Pricing Model, in our sole discretion, you will only be eligible for a change of Pricing Model once per Work. We also shall have the right, in our sole discretion, to determine the timing of any change to a Pricing Model, and such change may be delayed for any reason, including, without limitation, to allow users of the Platform to access the Work for a period of time based on your initial Pricing Model designation. You acknowledge and agree that you will engage in no act, including, without limitation, requesting a change of Pricing Model, in an attempt to prevent or deny another user’s ability to access any Content.
8. For the avoidance of doubt, only a Work receives a Pricing Model designation and you may not change the Pricing Model for a specific Episode within a Work.
9. Before you can distribute and publish a Work on the Platform, you must also select the Work to be one of the following publication types (each, a “Publication Type”).
  1. “Frontlist” – A never before published Work.
    1. New: An original Work that has never been published before via traditional publishing or through another digital publisher.
    2. Continuation: A Work that is a sequel or continuations of an already existing series. The first title of the existing series must not have started on Radish to be considered a Continuation.
    3. Pre-Release: A Work that is exclusively published on Radish prior to being published with another platform or traditional publisher.
  2. “Transfer” – A Work that is published on the Platform while in mid-serialization on another platform.
  3. “Backlist” – A Work that has been published elsewhere in full.
    1. Full-Exclusive: A Work that has been published elsewhere in full prior to being published on Radish but is no longer made available elsewhere.
    2. Non-Exclusive: A Work that has been published elsewhere in full prior to being published on Radish and will remain available with other publishers and platforms.
10. Before you can distribute and publish a Work on the Platform, you must indicate if your Work contains mature content by adding a Mature Content Rating.
  1. Mature Content is defined as content that is intended for users aged 17 and older. This Content would be considered R or NC-17 in accordance with the Motion Picture Associations’s film rating system. Mature Content discoverability is limited to users who opt-in to view this Content. Content must be rated Mature if it contains any of the following:
    1. Explicit sex scenes (including graphic descriptions of the human body);
    2. Graphic depictions of violence; and
    3. Discussion of trauma or other heavy themes only suitable for an older audience (including self-harm).
11. The designation of a Rating shall remain for the duration of that Work’s distribution and publication on the Platform; however, you may request to change the Rating for a Work by writing to us at support@radishfiction.com.
12. If the Rating of your Work is deemed inaccurate by Radish in its sole discretion, Radish may temporarily remove your Content from the Platform and notify you to update your Rating before the Content can be restored.
13. As further set forth in the Terms, and without limiting anything to the contrary contained herein or in the Terms, all Content must be in strict compliance with all applicable third party terms of service or other similar policies that are applicable to Radish’s distribution of Content, including, without limitation, your Content being in full compliance with Apple’s App Store and Google’s Play Store terms and conditions which contain prohibitions against certain types of Content.
Content Exclusivity
1. Your Work’s exclusivity with Radish is dependent on two factors - your Work’s Publication Type and Pricing Model. After you choose both, your Work’s exclusivity period on the Radish Platform (the “Exclusive Period”) shall extend in accordance with the following schedule:
2. In addition, in connection solely with Transfer Works:
  1. When cross-publishing is permitted by these Terms on another platform, the total number of Episodes available on a third party platform must not exceed the total number of Episodes available on Radish.
3. In addition, in connection solely with Frontlist Works:
  1. Only after the first three (3) Episodes have been published on the Platform, the first three (3) Episodes may be published in full, for free, on another third party platform for promotional purposes.
Commissioned Works
1. From time to time, Radish may commission a Work (“Commissioned Work”) from you and additional terms and conditions may apply to our usage of a Commissioned Work.
Prohibited Content
1. Content must not include or embody, in whole or part, the following, determined in Radish’s sole discretion:
  1. Any Content that infringes, in whole or part, any intellectual property right (including, without limitation, copyright, trademark, publicity, or privacy rights) belonging to any third party. An example of the foregoing would be plagiarizing another’s Work or publishing fanfiction of a dramatic or literary work;
  2. Any Content that is threatening, bullying, abusing or invading another’s privacy (such as the unauthorized dissemination of another’s Personal Information), or causing annoyance, inconvenience, or needless anxiety, or is likely to harass, upset, embarrass, alarm or objectively annoy any other person;
  3. Content that contains any material that is offensive, hateful, a hate crime, or inflammatory or discriminates or incites violence against a particular group of people, including without limitation, any statement that is, or can reasonably be construed as, sexist, racist, ableist, homophobic, or ageist;
  4. Content that promotes, directly or indirectly, any illegal activity, including, without limitation, advocating, promoting, or assisting in the commission of any crimes or other unlawful acts;
  5. Content that causes, directly or indirectly, another to engage in any self-harming behavior, including, without limitation, encouraging or advocating suicide or an eating disorder;
  6. Content that contains any material which is defamatory or disparaging to Radish or any third party;
  7. Content that contains pornographic content, including without limitation, smut one-shots, erotica shorts, or PWP, or in any way describes or contains extreme or illegal sexual acts, including, without limitation, graphic, romantic, or erotic portrayals of rape, non-consensual sex, incest, pedophilia, sex involving minors, sexual torture, bestiality, or necrophilia;
  8. Content that breaches a legal duty owed to a third party, such as a contractual duty, fiduciary duty, or confidentiality obligations;
  9. Content that is being used to impersonate any person, deceive, or to misrepresent your identity or affiliation with any third party;
  10. Content that contains solicitations and advertising for a user to buy any product or service and/or include links within the Content to promotions with third party publishers and digital platforms; and
  11. Content that gives the impression that it emanates from Radish, even if that is not the case.
2. During the period of Radish’s exclusivity, you agree to keep advertisements of your Content on other platforms to a minimum.
3. Without limiting any right available to Radish in the Terms, Content found to be in violation of any of the above may subject you to the termination or suspension of your Account or the immediate removal of Content from the Platform, without notice to you, in our sole discretion. For the avoidance of doubt, all determinations regarding the availability of Content on the Platform are subject to our sole discretion and we are under no obligation to reinstate any removed Content. Re-uploading denied Content in violation of this Content Policy and/or the Terms may result in immediate removal of the Content from the Platform and the suspension or termination of your Account.
Marketing
1. You are responsible for the marketing of your Content and the growth of your readership. Radish shall have no obligation whatsoever to assist you in marketing your Content.
2. In the event that you include Insert Content or other marketing materials on the Platform, such Insert Content or marketing materials must be at most a “PG-13” rating. All Insert Content and marketing materials that is not PG-13 will be subject to immediate removal from the Platform, in Radish’s sole discretion without notice.
3. Radish may market and/or promote you on the Platform from time to time; however, this is not guaranteed nor should be counted on by you, and is done in Radish’s sole discretion. In the event that Radish produces any marketing content, including, without limitation, creating images, graphics, or videos featuring a Work, or creating new summaries, taglines, titles or covers for a Work (“Radish Marketing Content”), all rights, title, and interest in and to the Radish Marketing Content shall be owned exclusively by us and your approval will not be required for the content or use of any Radish Marketing Content. However, you will continue to own your Content as set forth in more detail herein. You shall not be permitted to use any Radish Marketing Content we create without our express written authorization.
Modifications to Content
1. We will not make any material changes to any Content, such as rewriting any material part of the Work or Episode, without consent from you.
2. Notwithstanding the foregoing or anything to the contrary contained herein, Radish may change, edit, amend, and otherwise modify your Content for use on the Platform in its good faith, reasonable judgment, in the following ways:
  1. The title(s) of a Work and Episodes, Artwork, summaries and taglines for exploitation on the Platform, but such changes shall be made in consultation with you and shall be effected so as to improve sales of the Work and Episodes. You may not use any new title(s) of a Work or Episode, Artwork, summaries, and taglines created by Radish for any purpose without Radish’s written consent, including, without limitation, using any such materials on another third party’s literary work distribution platform.
  2. For technical processing, distribution, and transmission of Content purposes, in order to meet the technical requirements of connecting to various networks, devices, platforms, sites, or otherwise.
  3. If you have any concerns about this policy or any changes made to a Work, please email us at support@radishfiction.com.
Content Monetization
1. You are responsible for the marketing of your Content and the growth of your readership. Radish shall have no obligation whatsoever to assist you in marketing your Content.
2. In consideration for making your Content available on the Platform, you shall be entitled to the following revenue share (“Revenue Share”): the total revenue received by Radish in a calendar month from (i) the sale of all content on the Platform (after deductions for any distribution or transaction fees) and (ii) sponsored videos (i.e. short advertising videos which users watch to receive Coins), multiplied by a fraction, the numerator of which is the total number of Coins received for your Paid Content in such month (excluding Coins received by users through promotions, marketing events, and similar chargeless transactions, but including Coins received by users for watching sponsored videos) and the denominator being the total number of Coins issued to all users for such calendar month, multiplied by fifty percent (50%), which represents the pool of revenues for all content for such month. For purposes of illustration only, if Radish receives one million dollars ($1,000,000) in a calendar month from sales of all content on the Platform (after deductions for any distribution and transaction fees) and from sponsored videos and in that same month Radish received two hundred thousand (200,000) Coins from sales of your Paid Content on the Platform, and Radish issued two million (2,000,000) Coins that month (excluding Coins received by users through promotions, marketing events, and similar chargeless transactions, but including Coins received by users for watching sponsored videos), the revenue share due to you for your Paid Content is fifty thousand dollars ($50,000). Revenue Share = $1,000,000 × (200,000 ÷ 2,000,000) × 50% = $50,000. We reserve the right to modify this Revenue Share at any time in our sole discretion; however, for changes to the Revenue Share only, you will be given one (1) month notice prior to any changes to your Revenue Share.
3. Subject to your compliance with all terms and conditions contained herein, Radish shall pay you your Revenue Share on a quarterly basis, typically within thirty (30) days at the start of each quarter for Revenue Share accrued in the previous quarter. Notwithstanding the foregoing, Radish will not be required to pay you any Revenue Share for any accounting period in which your total accrued Revenue Share is less than $50.00 USD. Any withheld Revenue Share shall be carried forward to the next accounting period and will be payable as part of a future Revenue Share distribution when your Account meets or exceeds the Minimum Coins.
4. In the event Radish makes any overpayment of Revenue Share, Radish may deduct the overpayment from future distributions of Revenue Share, and/or may ask you to promptly reimburse Radish.
5. Your Revenue Share shall be paid in United States Dollars and transferred via your chosen payment method. Your account details and payment method of choice must be submitted to Radish within 7 to 14 working days of your request for payment. Payment shall be made in United States Dollars (US$). You are responsible for any fees (e.g. wire transfer and EFT fees) charged by your bank related to such remittances. We will not be liable to you in the event that the proceeds you receive are lower than you anticipated on account of payment processing costs.
6. Notwithstanding anything to the contrary contained herein, we do not make any guarantees with respect to the timing of receipt of funds, which may be subject to payment processing or other delays. You acknowledge and agree not take any actions in reliance on the receipt of funds until you are in receipt of cleared funds. In the event of chargebacks, fraud, cancellations, or returns, the value originally paid to you for the corresponding sale shall be deducted from first amounts otherwise due the Author in the month in which the return occurred.
7. Any Revenue Share payment or statement shall be binding on you and not subject to objection for any reason unless such objection is made in writing stating the basis thereof and delivered to Radish within twelve (12) months from delivery of such Revenue Share payment or statement.
8. Notwithstanding anything to the contrary contained herein, Radish shall have the right the right to withhold any portion of your Revenue Share as required by applicable tax laws.
9. In the event that Radish, or any of its subsidiary, associated or group companies (together, “Group”) becomes liable to account to any taxing authority anywhere in the world for any income tax, employee insurance or any other deduction or withholding required to be made by law (including any interest and/or penalties thereon) arising in respect of payments made or to be made to you, YOU UNDERTAKE AND AGREE TO INDEMNIFY AND HOLD HARMLESS RADISH AND/OR THE GROUP AGAINST SUCH TAX AND INSURANCE AND SHALL, AT THE WRITTEN REQUEST OF RADISH IMMEDIATELY PAY RADISH AN AMOUNT EQUAL TO ANY TAX AND INSURANCE PAID OR PAYABLE BY RADISH OR ANY OTHER GROUP COMPANY TO SUCH TAXING AUTHORITY. The foregoing indemnity obligation does not limit, and is in addition to, all other similar obligations found in the Terms.
Content Removal
1. If you wish to remove a Work from the Platform, you must submit a request to support@radishfiction.com with “Request for Removal” included in the subject line and the following information included in the email:
  1. Title of the Work;
  2. Username of your Account; and
  3. The Reason for Removal.
2. Notwithstanding anything to the contrary contained herein or any Request for Removal, the entirety of each Work must remain available on the Platform for a minimum period ending ninety (90) days after the last Episode has been made accessible on the Platform (for the avoidance of doubt, you determine what the last Episode is, subject to Section 6 below) and otherwise be in conformance with all exclusivity provisions contained herein.
3. Subject to the foregoing and adherence with all other Terms, Radish will remove the Work within fifteen (15) business days of receipt of a valid Request for Removal. Notwithstanding the foregoing, Radish shall be entitled to maintain accessible copies to enable continued access to Episodes of Works by users who have already purchased such Episodes, and users shall retain the right to use Episodes purchased prior to such notification.
4. You may only request the removal of one (1) Work in each Request for Removal. If you wish to remove multiple Works, you must submit a Request for Removal for each Work.
5. Repeated Requests for Removal of Content may result in termination of user access to the Platform, determined in our sole discretion without any notice obligation to you.
6. In the event that a Request for Removal is made for the purposes of obstructing or otherwise preventing users of the Platform from not being able to access any Episode, determined in our sole discretion, including, without limitation, issuing a Request for Removal prior to the final upload and completion of a Work, Radish may deny your Request for Removal until the final Work is available on the Platform for the above stated ninety (90) day period and all other applicable exclusivity periods.
7. In the event you request the removal of all Works from the Platform and the deletion of your Account, you understand and agree that Radish may keep your Account open solely in order for Radish to maintain accessible copies to enable continued access to Episodes of Works by Users who have already purchased such Episodes.
Contact Information
1. If you have any questions, concerns, or comments about our Content Policy, you may contact us at: support@radishfiction.com.