All engagements with the DPP operate on the fundamental premises that:
Last Updated: April 07, 2022
This agreement (the "Agreement") is a binding agreement between the individual ("you" or "Publisher") and The Digital Printing Press LTD ("DPP", "The DPP", "we", "us").
This Agreement provides the terms and conditions of your participation in the DPP publishing program (the "Program") and your distribution of digital content through the Program (all such content, "Books, Poems, Papers, Articles, Musings, Posts, Comments, Song Lyrics"), and consists of:
Given the importance of this Agreement, we encourage you to study it carefully. We welcome feedback on this Agreement at https://thedigitalprintingpress.com/publishing/feedback
In this agreement, “Distribution” refers to the hosting of digital content online, which is made available for viewing through web browsers via DPP constructed websites.
You accept this Agreement and agree to be bound by its terms by either (a) clicking agree or accept where you're given the option to do so or (b) by using the Program, or any part of it. If you don't accept the terms, you are not entitled to use the Program. If the Publisher of content is an entity, the individual person who accepts this Agreement for the Publisher of content represents and warrants that he or she is entitled to enter this Agreement as an authorized representative of the Publisher of content and to bind the Publisher of content to the terms of this Agreement.
Changes to terms of this Agreement other than those contained in Section 5.4.1 (Royalties) and 5.5 (Grant of Rights) will be effective on the date we post them, unless we otherwise provide at the time we post the changes. You are responsible for checking for updates, and your continued use of the Program after we post changes will constitute your acceptance of the changes. If you do not agree to the changes, you must withdraw your published works from further distribution on the website.
Changes to terms of this Agreement contained in Section 5.3 (Grant of Rights) will be effective and binding on you on the date 30 days from posting or on the date you accept the changes, whichever first occurs. You accept the changes by either (a) clicking agree or accept where you're given the option to do so or (b) by using the Program to make additional works or content available through the Program. Changes to the terms of Section 5.3 will only apply prospectively with respect to works sold after the date thirty days from our posting of the changes, unless you accept the changes as provided above. If you do not accept the changes, you must withdraw your works from further distribution through the Program. Note that we may make acceptance of changes a condition to continued use of the Program where such a necessity arises.
The term of this Agreement will begin upon your acceptance of it and will continue until it is terminated by us or by you.
We are entitled to terminate this Agreement and your access to your Program account at any time for violation of these terms or the DPP standards of practice. We will notify you upon termination.
You are entitled to terminate this Agreement at any time by updating this agreement, in which event your works will become unavailable through the DPP account profile. Any access to DPP software or code that relies on acceptance of this agreement will also cease at that time.
All rights to Works acquired by customers through your sales channels, such as purchased access licences for Digital Works, are a matter of agreement between you and those customers. What this means is that, in a scenario where a book or other work has been purchased by a customer through your sales channels, this contract of sale is between you and that customer.
Any refunds or compensation will be paid by you to this customer to settle any disputes that arise as a result of it becoming unavailable or inaccessible.
The following provisions of this Agreement will survive termination of this Agreement:
and any other provisions that, by their nature, are intended to survive.
You must ensure that all information you provide in connection with establishing your account, such as your name, address and email, is accurate when you provided it, and you must keep it up to date as long as you use the program. If we terminate your account, you will not establish a new account. You will not impersonate any other natural person or entity, or use a username or password you are not authorized to use. You authorize us to make any inquiries we consider appropriate to verify account information you provide.
You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities. You may not permit any third party to use the Program through your account and will not use the account of any third party. You agree to immediately notify DPP of any unauthorized use of your username, password or account.
You must provide to us, at your own expense each Work you desire to distribute through the Program. We will not return to you any electronic files or physical content or media you deliver to us in connection with the Program. You must deliver all electronic files free and clear of viruses, worms and other potentially harmful or disrupting code.
You must ensure that all content is in compliance with the laws applicable to your legal jurisdiction at the time you submit it to us, nad that it does not violate our content policies. If you discover that content you have submitted does not comply, you must immediately withdraw the content on your website by setting it to inactive or by re-publishing content that complies through the program procedures for works withdrawal or re-publishing. We are entitled to remove or modify the metadata and product description you provide for your Works for reasons where we determine that it does not comply with our content requirements. We may also remove all or any part of your Works’s cover art if we determine that it does not comply with our content requirements. You must ensure that all metadata you provide is current, complete, and accurate. If you discover that any metadata you have provided for a Work is inaccurate or incomplete, you must promptly update corrected metadata.
We are entitled to determine what content we accept through the Program at our sole discretion. If we request that you provide additional information relating to your Works, such as information confirming that you have all rights required to permit our distribution of the Works, you will promptly provide the information requested, and you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our conversion and installation of the Works on your digital property, and the accuracy of the information or documentation you provide to us with respect to those rights.
You may withdraw your Works at any time by setting it to inactive or deleting it from your digital property. This is done by setting the individual work in your Command Centre to "Inactive" and/or "Private".
We will have sole discretion in marketing the DPP Service and DPP properties. You acknowledge that we have no obligation to market, distribute, or offer for sale any of your Works.
You may, at your own discretion, direct marketing activities towards any section of the DPP website, through any medium you desire. We are under no obligation to reimburse or compensate you for any costs of or effort required in such activities, or acknowledge their effect or impact on any DPP website. This however does not grant you any license or other rights to any intellectual property or technology owned or operated by us or any of our affiliates, including, without limitation, any trademarks, logos or trade names. Nothing in this Agreement restricts any rights we may have under applicable law or a separate permission.
You are subject to the same guidelines as any other customer contributing a review to any DPP website. We reserve the right to remove any review that violates the DPP Community guidelines.
You grant to DPP, throughout the terms of this Agreement, the non-exclusive right and license to process and convert your Work into the DPP proprietary format;
"DPP Properties" means any web site, application or online point of presence, on any platform, that is owned or operated by or under license by DPP or co-branded with DPP, and any web site, application, device or online point of presence through which any DPP Properties or products available for sale on them are syndicated, offered, merchandised, advertised or described.
You will obtain and pay for any and all necessary clearances and licenses for the Works in order to permit our exercise of the rights granted under this Agreement without any further payment obligation by us. This includes, without limitation, all royalties and other income due to any copyright owner.
If you notify us through the procedure we provide on the applicable DPP property for making claims of copyright infringement that a third party has made a Work available for distribution through the DPP program, that you have the exclusive right to make available, then, upon your request and after verification of your claim, we will remove any applicable code access to the offending Work from the program. This will be your sole and exclusive remedy.
You represent and warrant that:
Subject to the authorizations you grant to us under this Agreement, as between us and you, you retain all ownership rights in and to the copyrights and all other rights and interest in and to your Works.
We retain all ownership rights in and to the copyrights and all other rights and interests in and to the DPP Publishing program, the DPP Properties, and any materials we use or provide to you for use relating to your Works (such as a generic cover image used for a Book or other Work if you do not provide one).
We are solely responsible for, and will have full discretion with respect to the terms, features, and operation of the Program and the DPP Properties and related marketing, but our use of the Works will be subject to the terms of this Agreement.
In the event that you elect to provide suggestions, ideas, or other feedback to DPP or any of its affiliates in connection with the DPP Properties or the Program ("Feedback"), DPP and its affiliates will be free to use and exploit the same in any manner without restriction and without any need to compensate you.
This Agreement does not grant you any license or other rights to any intellectual property or technology owned or operated by us or any of our affiliates, including, without limitation, any trademarks or trade names.
Nothing in this Agreement restricts any rights we may have under applicable law or a separate permission.
You will not, without our express, prior written permission:
Without limiting the survivability of any other provision of this Agreement, this Section 7 will survive three years following the termination of this Agreement.
THE PROGRAM IS PROVIDED "AS IS." WE WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.
IN NO EVENT WILL OUR LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES DUE AND PAYABLE BY DPP UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM.
WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DPP RELIES ON COMPLEX SYSTEMS AND PROCESSES. WE STRIVE TO MAKE OUR SYSTEMS AND PROCESSES ERROR-FREE AND EFFICIENT, BUT WE CANNOT GUARANTEE THAT THEY WILL BE, AND WE WILL HAVE NO LIABILITY ARISING FROM SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES. WE WILL ENDEVOUR TO REMEDY ANY SUCH ERRORS AS QUICKLY AS POSSIBLE WHEN REPORTED OR DETECTED.
DPP will not be liable to you for any failure or delay in the performance of its obligations under this Agreement caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, pandemics, political revolutions, war, terrorism, and labour conditions.
Any dispute or claim relating in any way to this Agreement or DPP will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Arbitration Act, 2010 of the Republic of Ireland applies to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. DPP will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, through video conferencing software, or in person in the Republic of Ireland or at another mutually agreed location. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial. You or we may bring suit in court on an individual basis only, and not in a class, consolidated or representative action, to apply for injunctive remedies. You may bring any such suit for injunctive remedies only in the courts of the Republic of Ireland.
The Republic of Ireland Arbitration Act, 2010, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and DPP relating to this Agreement or the Program.
This Agreement may not be amended, except in writing signed by both parties or as provided in Section 2 above. If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The parties to this Agreement are independent contractors. Each party will bear its own costs and expenses in performing this Agreement. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party's rights to subsequently enforce the provision. Any DPP affiliate may join as a party to this Agreement and will notify you if it does. The joining DPP affiliate will be entitled to exercise the rights you grant under this Agreement. Each DPP party is severally liable for its own obligations under this Agreement and is not jointly liable for the obligations of other DPP parties.
You may, at your own discretion, assign all of your rights and obligations under this Agreement to any corporation or other entity without consent in connection with the sale of all or substantially all of your assets, but you must give DPP written notice of the assignment no later than ten (10) business days following the assignment.
Subject to the foregoing limitation, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not confer upon any other person other than the parties any rights or remedies.
You consent to the use of electronic means to complete this Agreement and to provide you with any notices we give you in relation to this Agreement. To be effective, any notice given by a party under this Agreement must be in writing and delivered:
Notices will be effective and deemed received on the date transmitted or posted.
