Terms of Use
This Agreement was last revised on May 9, 2023
Welcome to DropCap Marketplace, by Dropcap, Inc. ("DropCap” "we," or "us"). We provide users the ability to access and use and interact with our website and software system (“Service”) depending on the type of user.
General Terms
The Service(s) set forth above are not exhaustive and may change from time to time.
By accessing or using our website and software in connection with the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service.
The terms contained in our representation agreements between DropCap and publishers or authors, supersede any terms here that may be in conflict with any term in their representation agreements with us.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Users
On DropCap Marketplace, we have two types of users: (1) rights buyers (2) and publishers and authors. Users have access as follows:
Rights Buyers:
View titles and related information (e.g., publisher, current licenses, etc.).
Make inquiries about any title on our site.
If you also sign up as a rights buyer with DropCap, you will have access to additional features, including:
Ability to download PDFs
View publicly available book data that we collect, aggregate, and analyze
Save favorite titles
Customize your profile (e.g., select language, categories of interest)
View, sign and download rights licensing contracts
Upload sales reports and pay advances and royalties through our system
If the title is represented by DropCap, we will get in touch to get you the PDF of the book and other related information. If DropCap doesn’t represent the title, we will pass your contact information to rights holder or authorized representative. We will also provide you their contact information.
Subscribe to or unsubscribe from emails.
Publishers and Authors:
View and manage your titles and profiles (e.g, make changes, add new titles, upload covers, etc.).
View publicly available data about your book that we collect, aggregate, and analyze.
Upload a sample and/or the PDF of your book.
Get leads from all rights buyers sent directly to you via email.
Subscribe to or unsubscribe from emails.
Copyrights to Materials Uploaded
Any User submitting their book to DropCap Marketplace or uploading a sample or complete PDF of his or her book, acknowledges that they own all right, title and interest in and to the materials and data uploaded and/or are authorized by the copyright holder to do so.
Data Collected
We collect publicly available data about published books in various formats (print, ebook, and audio). We then aggregate and analyze this data and provide it to Users. Every User acknowledges and agrees that data we may collect about his/her/their book(s) is from third-party sources, the accuracy of which we have no control over. We interpret the data we collect and use some of it to examine sales trends and other measurements about a book’s online traction. Any User using this Website or our Service acknowledges that any interpretation of the data we collect is limited to the time in which we collected it and may change before or after we provide you such information.
License
We are the owner or licensee of the Intellectual Property Rights (“IP”) provided per this Agreement. Your use of it, must be consistent with the terms herein.
Description of the License
The IP includes, but is not limited to sales trends, search volume, backlinks to the author/publisher website and various online sales pages, the number and location of libraries that have a copy of the book, links to specific podcasts and Youtube channels/episodes mentioning the book, and suggested online places to pitch their books to bloggers, podcast, reviewers and/or websites that may have an interest in featuring a particular book or author. Access to this data is determined by the User’s membership level. Any new features that augment or enhance the current IP, shall be subject to this Agreement.
Using the License
You are only authorized to use the IP for your own purposes.
Unless otherwise authorized by us in writing, you agree not to duplicate, copy, sell, trade, resell, reproduce, or exploit for any commercial purposes any of our IP. If we believe our IP has been exploited, we reserve the right to terminate any license immediately and without refund.
Cancellation of License
We reserve the right to terminate your license at any time if you violate any terms of this Agreement. We will also terminate the license upon your request.
Payments & Cancellation
Subscription and Renewal
By registering for a paid account, you will be able to list one or more books in DropCap Marketplace according to your subscription level. Your plan will auto-renew annually on the date of initial purchase until you cancel. We will email you prior to the end of the billing cycle to notify you of the upcoming renewal to give you the opportunity to upgrade, downgrade, or cancel your plan. Upon renewal, your original payment method will be charged, unless you update your billing information within your account.
By subscribing, you accept our pricing as well as the limits of your subscription. We do not offer subscription plans less than one year.
Upgrades and Downgrades
You can upgrade or downgrade your subscription at any time in your account or by emailing us at hello@dropcap.com.
If you choose to downgrade your account, you will remain at your current plan level until the end of your annual billing cycle. After renewal at the downgraded plan level, you can choose which listings you would like to remain active in the Marketplace.
Cancellation
Our service is paid for on an annual basis and you have access to your account to create and manage your book listing(s) so long as your subscription is active. You may choose to cancel your account prior to the annual renewal, and we will remove your book listing(s) within one week of cancellation. You can do this by emailing us at help@dropcap.com.
You may choose to cancel your subscription at the end of your annual billing cycle, and we will remove your book listing within one week of non-renewal.
Your annual billing cycle starts on the date that you pay for your subscription regardless of when or if you log into your account and create your book listing. There are no refunds. If you need assistance creating your book listing, email us at hello@dropcap.com
About The IP
Modifications to IP
From time to time we may add more functionality to our IP and/or remove some functionality and features. You understand that because we aggregate public data from many different sources, our ability to obtain some data may affect our ability to provide you access to some IP. You agree that in those cases, we are not liable to you or any third party any modification, suspension or discontinuation of any IP.
Reliance on the IP
The IP we provide is made up of data sourced from various websites and networks which are not within our total control. Additionally, the nature of this data, which is from interconnected networks of webpages that make up the internet, changes moment to moment, thus it’s impossible to provide completely accurate links or other data, as some may be missing from our search results. The IP we provide you is not intended to be relied on when making marketing or sales decisions about your book(s), such as purchasing online advertising or marketing services. While we believe the IP we provide you can assist you in your book marketing and promotion efforts, however, given the nature of it, we disclaim all liability and responsibility arising from any reliance placed on such IP by anyone.
Amount of IP Per Title
We cannot not guarantee a minimum amount of data provided to you, nor can we guarantee the amount of data received will improve over time as a result of your paid subscription.
Links
Part of the IP service provides links to third party websites and resources. We have no control over these third parties and have no way to control the content on them, including but not limited to where those sites may link or any content posted about you and/or your book(s). You acknowledge that we aren’t responsible for these third party sites in any way, nor liable for their content. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by any such sites.
Marketing Suggestions Based on IP
As part of our service, we curate blogs, podcasts, book reviewers, and other sites and resources that to the best of our knowledge have featured books in genres similar to yours. You acknowledge that by providing you a list of these resources, we don’t make any guarantee that any of them will write about and/or feature you or your book in any way.
Liabilities, Damages and Warranties
Our Liabilities
The IP is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us, hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
You acknowledge that our Services are provided without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Damages
The most you may ever make a claim for is the amount paid for any services rendered hereunder. We are not liable for any damages including but not limited to any incidental or consequential damages, damages for loss of profits, business interruption, loss of business information, or any other type of pecuniary loss.
Relationship with Our Company
The Service(s) set forth above are not exhaustive and may change from time to time.
Authors and Publishers: By listing your book(s) on DropCap Marketplace, you are not obligated to work with DropCap for rights representation in any way. Also, listing your book on DropCap Marketplace doesn’t create an agency relationship between you and our company unless you already have an existing representation agreement with DropCap. If a rights buyer inquires about your book(s), we will forward you the buyer’s contact information. If you determine that you’d like us to represent your book(s) and we agree, a separate representation agreement will be executed prior to the commencement of that relationship.
Rights Buyers: You do not have to register in order to visit our site if you are a potential rights buyer (either a publisher or an agent). If you inquire about a title you see on DropCap Marketplace that is represented by DropCap, we will contact you. To access certain features of the Service, though, including, but not limited to accessing PDFs to titles and saving your favorites, you will need to register with DropCap and create a "Member" account.
If you inquire about a book not represented by DropCap, we will put you in contact with the author and/or publisher and you will need to confirm with the author and/or publisher that they control the translation rights and that the rights for your region/language are available. The title availability information on our site is provided by the author and/or publisher and while we screen submissions the best we can here, this site is a public marketplace and we can only verify statuses of books by authors and/or publishers represented by DropCap for translation rights licensing.
Use of our Website
Subject to the terms and conditions of this agreement, we grant you permission to use the Service. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium except as permitted by these terms; (ii) uploading invalid data, viruses, worms, or other software agents through the Service; (iii) collecting or harvesting any personally identifiable information, including account names and email addresses, from the Service; (iv) using the Service for any commercial solicitation purposes other than those authorized here; (vi) using any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent, (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; and (viii) interfering with the proper working of the Service.
You acknowledge that our Services are provided without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Our Proprietary Rights
Except for your specific member information about you and your book(s), the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of our company. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service except in cases where you have executed a separate licensing agreement with any of our licensors. Use of our content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
Eligibility
You must be over 18 years of age to use and access this Service. Additionally, you acknowledge that we allow books on our platform solely at our discretion and may refuse to list any book and/or remove any book for any reason at any time. If you violate any of these terms or any licensing contract you’ve entered into as a result of using our Service, we may revoke your right to continued use of Service (at our discretion).
Privacy
We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data as it relates to the use of our Service, transferred to and processed in the United States. We do not sell or rent your personal data to other companies.
Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Further, you acknowledge that in the unlikely event that our site, your information and/or the sample or complete PDF of your book are compromised that we are not liable for any damages including but not limited to any incidental or consequential damages, damages for loss of profits, business interruption, loss of business information, or any other type of pecuniary loss.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DropCap without restriction.
General
Governing Law.
You agree that: (i) the Service shall be deemed solely based in Wisconsin; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over DropCap, either specific or general, in jurisdictions other than Wisconsin. This Agreement shall be governed by the internal substantive laws of the State of Wisconsin, without respect to its conflict of laws principles. Any claim or dispute between you and DropCap that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in La Crosse County, Wisconsin.
Entire Agreement/Severability.
This Agreement, together with any other other terms you agree to in connection with your use of the Service, shall constitute the entire agreement between you and DropCap concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and DropCap's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.