Your use of the Platform will be governed by these Trial Subscription Terms as well as the general Website Terms. In the event of any inconsistency between any of the provisions of the terms and conditions, the provisions of these Trial Subscription Terms shall prevail.
The Platform is owned and operated by IPR License Limited, 6 Copperkins Grove, Amersham, Buckinghamshire, England, HP65QD, United Kingdom (following also “we”, “us”, “our”). The Platform enables copyright owners to market rights and permissions to their copyright content and to communicate and contract with potential buyers of those rights and permissions.
If you have any questions regarding the Platform, please feel free to email any enquiry to us here: [firstname.lastname@example.org].
1.1 With your registration for the Trial Subscription you gain access to our online rights community on the Platform with a limited functionality for free during the Term. We offer you the following services on the Platform free of charge:
a) Your own publisher rights portal to showcase your literary works (the “Works”) and the permissions in respect of the Works (the “Rights”);
b) Option to manually upload as many Works as you like to the Platform;
c) Instant Rights Guide to create, edit and download a PDF catalogue of your rights on the Frankfurt Rights platform.
1.2 The Trial Subscription services are funded through our cooperation with the Frankfurter Buchmesse 2021.
Upgrade to Standard Subscription
You can upgrade to a Standard Subscription at any time to enjoy all the features that the Platform offers to its paying customers, including the services Instant Offer and InstantPermissions. To learn more about our Standard Subscription options, contact us at: email@example.com.
3.1 We will use reasonable endeavours, at our own expense, to maintain the Platform in good working order (subject to scheduled maintenance periods and emergency periods as necessary for critical maintenance and support).
3.2 We will not, without your prior written consent, make or give any representations, warranties or other promises concerning the Rights other than those contained in the Marketing Materials (as defined in Clause 4.2).
3.3 We will perform our obligations under this agreement promptly and professionally.
3.4 We reserve all rights in the Platform and its content, except for user generated/user uploaded content and materials.
4.1 You will select the Works and Rights to be represented via the Platform at your sole discretion. You will promptly remove from the Platform any Rights that you no longer own or exclusively control.
4.2 You will select and upload materials and information required to present your Works and Rights via the Platform (the “Marketing Materials”) at your sole discretion. You grant us a non-exclusive, royalty-free, worldwide license to host and use the Marketing Materials and to make them available via the Platform for the purpose of marketing your Works and Rights through the Platform.
4.3 You acknowledge and agree that any Marketing Materials uploaded to the Platform can be seen by unregistered and registered users of the Platform.
4.4 You will ensure that the Marketing Materials and any other information uploaded to the Platform by you is accurate and kept up to date during the Term.
Term of the Trial Subscription
5.1 Your Trial Subscription is effective upon your successful registration on the Platform and ends automatically on 30th June 2022 (the “Term”). A termination by you is not required. If you would like to cancel your Trial Subscription before this date, you can do so in writing with a notice period of 7 days to the end of each month.
5.2 We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Frankfurt Rights Terms and Conditions, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services. If you believe your account was terminated in error you can file an appeal through our help centre. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.
5.3 Your publisher rights portal, all Marketing Materials and any other information you uploaded to the Platform will be deleted upon termination or expiry of your Trial Subscription, unless you have entered into a subsequent subscription governing your use of the Platform.
Warranty and Indemnity
6.1 You warrant, represent and undertake to us that:
a) you are the sole legal and beneficial owner of the Rights or exclusively control the Rights apart from any third-party content that is included in the Works or the Marketing Materials with permission;
b) the Rights are available for licensing, purchase or other exploitation by third parties;
c) there are no agreements in place which conflict with these Trial Subscription Terms;
d) the exercise of IPR License’s rights and obligations under these Trial Subscription Terms will not infringe the rights of any third party;
e) you will comply with all applicable law and not use the Platform for any illegal purpose;
f) the Marketing Material does not infringe any third party’s copyright or other proprietary rights (including rights of publicity or privacy); and it is accurate and up to date; and is not fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive.
6.2 You will indemnify, defend and hold us harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable legal fees) resulting from any claim, action, demand, fine or proceeding brought by any third party against us arising from a breach of your obligations set out in Clause 6.1.
7.1 Nothing in these Trial Subscription Terms shall limit or exclude our liability for:
a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b) fraud or fraudulent misrepresentation;
c) liability under the indemnities contained in Clause 6; or
d) any matter in which it would be unlawful to exclude or restrict liability.
7.2 We will not be liable under any circumstances whatsoever to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for:
a) any economic loss or other loss of profit, revenue, business or opportunity;
b) any loss of data, other than caused by p gross negligence;
c) any loss of goodwill or reputation; or
d) any loss that is an indirect or secondary consequence of any act or omission by us.
7.3 We have no control over and do not guarantee the performance or conduct of any rights buyer or third party, nor do we endorse or verify the status of any rights buyer. We are not liable for any copyright infringement by a rights buyer in respect of the Rights or the Works.
7.4 You communicate and contract with any rights buyer at your own risk. You have sole responsibility for any transactions you conclude arising from the use of the Platform. We are not liable for any such transactions.
We shall not be in breach of these Trial Subscription Terms nor liable for delay in performing, or failure to perform, any of our obligations under this agreement if such delay or failure results from events, circumstances or causes beyond our reasonable control. Such causes include, without limitation: computer viruses; distributed denial-of-service attacks; internet, telecommunications and computer equipment failures; epidemic; pandemic; acts of God; labour disputes; civil disturbances; fires; storms; governmental actions and orders of domestic or foreign courts or tribunals. We will notify you in writing of such event, circumstance or cause. In such circumstances, the time for performance shall be extended >by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. The performance shall not be extended beyond the Term.
Privacy and Personal Information
Your privacy is very important to us. These Trial Subscription Terms must therefore be read
10.1 These Trial Subscription Terms are governed by and shall be construed in accordance with the laws of England and Wales. The English courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
10.2 We may transfer, assign or subcontract or deal in any other manner with any of our services or obligations under these Trial Subscription Terms at any time. You may only transfer, assign, subcontract or deal in any other manner with any or all of your rights and obligations under these Trial Subscription Terms with our prior written consent.
10.3 Should any of the provisions in these Trial Subscription Terms become invalid or unenforceable, in whole or in part, this shall not affect the validity of the remaining provisions.
10.4 Any notices or communications that you send to us must be in writing and sent by email to firstname.lastname@example.org or by mail to IPR License Limited, 6 Copperkins Grove, Amersham, England, HP65QD, United Kingdom. Any notices or communications that we send to you will be sent to the email address you registered with us.