dPICTUS Terms of Service

The dPICTUS website (the “website” or “platform”) is owned, operated and provided by dPICTUS Ltd (“us”, “we” or “our”).

By becoming a member and using our website, you (your company and any individuals who login under your company account) agree to our Terms of Service and Privacy Policy, which together will form a legal contract between us and you. If you do not agree to the contents of these documents, you must not become a member (if you are already a member, you must cancel your membership) and not use our website.

We will notify you of any significant changes to our Terms of Service and Privacy Policy by posting a message on your company account page (and, in relation to our fees and/or payment terms as detailed in section 5k of our Terms of Service, by sending you an email). Your continued use of our website after these documents are updated will indicate your agreement to any changes.

If you have any questions or comments, please email us at support@dpictus.com.

The following terms were last updated on 10 June 2017.

About dPICTUS

1. Short Description

dPICTUS is a curated online platform for outstanding picturebooks. Publishers and agents promote their titles, secure foreign rights deals, and make new publishing connections around the world.

2. Company Details

Our company name is dPICTUS Ltd. We are registered in England and Wales with registration number 08145997. Our registered address is Windmill Cottage, Guildford Road, Frimley Green, Camberley, Surrey, GU16 6NZ, United Kingdom. You can contact us by email at hello@dpictus.com.

Membership

3. Membership Terms

  1. Our secure website is only accessible by registered members with a valid password. To become a member, companies need to receive an email invitation from one of our members or from us. If you would like to join dPICTUS, please submit an Invitation Request Form for consideration.
  2. If you have received an invitation to join dPICTUS, and you agree to our Terms of Service and Privacy Policy, you will automatically be granted a non-exclusive licence to use our website on the terms set out here.
  3. You agree that all the information you provide will be accurate at all times, and that you will keep this information up to date.
  4. You are responsible for the security and confidentiality of your company account and login details, and you agree to accept responsibility for all activity that occurs under your company account. If you believe that your account has been compromised (e.g. unauthorised use of your login details), please email us at support@dpictus.com.
  5. Login details may only be used by one person. However, you can create separate logins for other people from your company. This is done on your company account page.
  6. You agree that all “content” (text, images, files, and other materials) on our website is protected by intellectual property rights, and you shall not use, reproduce, modify, copy, publish, transmit, distribute, upload, link to, display, sell or otherwise exploit any of this content without written permission from the respective owner (whether that be us, one of our members or a third party).
  7. When using our website, you agree not to do anything unlawful, or which is likely to infringe any rights of us, our members or a third party. You agree not to do anything which may interfere with or harm our website or members, or which is against the spirit of our Terms of Service, including but not limited to knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, and including uploading any content which: is defamatory, obscene, offensive, hateful or inflammatory; or infringes any copyright, database right or trade mark of any other person; or is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or promotes any illegal activity or unlawful act.
  8. You agree to comply with all applicable laws, rules, and regulations regarding online conduct in your territory when using our website.
  9. We reserve the right to refuse or discontinue access to our website to anyone for any reason.
  10. We provide technical support and assistance to our members via email. We correspond in English only.

4. Your content

  1. We do not claim any rights to the content you display or upload to dPICTUS. Instead, you grant us a non-exclusive, worldwide licence to display your content on our secure, password-protected website. This licence ends when you remove your content or cancel your membership. We will not transmit your content in any other form or by any other means without your permission in writing. However, unless otherwise agreed in writing, you agree that for as long as you remain a member of dPICTUS, your company name, company logo, and the front covers of “titles” (picturebooks) you showcase on our website may be displayed on dPICTUS promotional materials, both online and offline. If you do not want us to display this information and content on our promotional materials, please email us at support@dpictus.com.
  2. You are responsible for all aspects of the content you display on our website, and any consequences of displaying it. You agree that you own the necessary rights and permissions to display your content on our website. We will not be responsible, or liable to any third party, for the content you display on our website.
  3. Flexible privacy settings give you complete control over which members have access to look inside the titles you showcase on our website. Each member with access is granted a non-exclusive licence to look inside your titles on our website only. If you modify your privacy settings to remove a member’s access, their licence ends immediately.
  4. The copyright details you enter for each showcased title will always be associated with that title on our website.
  5. We do not pre-screen our members’ content, so we cannot guarantee that it complies with our Terms of Service or is suitable for our website. However, we reserve the right to immediately remove content from our website for any reason. If you discover content on our website which you believe does not comply with our Terms of Service, please email us at support@dpictus.com.

5. Fees

  1. dPICTUS membership (which gives you full access to our website) is free of charge, and we do not charge a commission or success fee for rights deals made with the aid of our website. If you showcase titles on our website, there is a fee which you can choose to pay monthly or yearly. The fee is discounted if paid yearly. Details of the showcase fees are available here.
  2. With a monthly billing plan, you will be charged in advance on a monthly basis for your chosen number of showcased titles. With a yearly billing plan, you will be charged in advance for your chosen number of showcased titles for that year.
  3. If you increase or decrease your chosen number of showcased titles while on a monthly billing plan, you will be charged the new rate on your next monthly billing date (there is no prorating between monthly billing dates). If you increase your chosen number of showcased titles while on a yearly billing plan, you will be immediately charged for the additional titles, prorated for the remaining time in your yearly billing plan (there is no prorating for a decrease in your number of showcased titles for that year).
  4. If you change from a monthly billing plan to a yearly billing plan, you will be immediately charged for your chosen number of showcased titles for a full year, and your monthly payments will stop. If you change from a yearly billing plan to a monthly billing plan, you will be immediately charged for your chosen number of showcased titles for that month, and your yearly payments will stop.
  5. If you bring a certain number of new members to dPICTUS via the invitations system, you can showcase some of your titles free of charge so long as you have an active billing plan. We may also offer other discounts from time to time. We reserve the right to withdraw or modify all discounts at any time without prior notice.
  6. If you are on a monthly billing plan, you can cancel at any time. If you are on a yearly billing plan and then cancel, your plan will not renew the next year. When you cancel your plan, your titles will be permanently deleted from our website, any discounts will be removed, and your future payments will stop. You will remain a dPICTUS member unless you also cancel your company account.
  7. You agree to provide valid payment details and authorise our third party payment service provider, Stripe, to collect the applicable fees. You agree to keep your payment details up to date, and you confirm that you are authorised to use your chosen payment method. You also agree to pay any applicable taxes. The issuer of certain payment methods may charge a foreign transaction fee or related charges, so we recommend that you check with your bank for details.
  8. If we are unable to process your payment method and we have not received the unpaid fee after 21 days, your plan will be cancelled and any discounts will be removed. We will try to resolve any payment issues with you by email before deleting your titles.
  9. A status bar on dPICTUS will inform you if you are not making use of the number of showcased titles you have paid for. This will allow you to make the necessary amendments so you are not charged more than you need to be on your next billing date.
  10. Refunds and partial refunds are considered on a case-by-case basis. If you are unhappy with any part of our service or website, please email us at support@dpictus.com.
  11. If we change our fees and/or payment terms, we will provide a minimum of 30 days’ notice by posting a message on your company account page and by emailing you. We will also update our Terms of Service.

6. Cancellation

  1. Company account owners are free to cancel their company’s dPICTUS membership at any time. If you wish to cancel your membership, click the ‘cancel membership’ link on your company account page.
  2. If you cancel your membership, we will keep your content safe for 30 days in case you change your mind. After 30 days, your content will be permanently deleted. If you then wished to rejoin dPICTUS, you would need to receive a new invitation.

Other terms

7. Data protection and privacy

Any personal information that we collect from you as you browse and use our website will be used in accordance with our Privacy Policy.

8. Intellectual property rights

  1. All intellectual property rights including copyright in the content and elements of our website is owned by dPICTUS Ltd or the respective owners (whether that be our members or a third party). All rights are reserved.
  2. If you believe that anything on our website infringes your intellectual property rights or the intellectual property rights of a third party, please email us at support@dpictus.com.

9. Rights deals

  1. We are not involved in any rights deals, negotiations, or connections made by our members with the aid of our website.
  2. We do not charge a commission or success fee for rights deals made with the aid of our website.

10. Emails

We cannot guarantee that you will receive all dPICTUS emails due to a number of potential issues, such as spam filters, full inboxes, email throttling and network issues. Please add us to your ‘safe senders/whitelist’ for a greater chance that our emails will reach you.

11. Liability

  1. Our website is provided “as is” and “as available”, and you agree that you use it at your own risk. We will always try to ensure that all aspects of our service and website are kept to a high standard and meet your needs, but we do not provide any kind of warranties and cannot guarantee that our website will always be available or uninterrupted, nor that our website will be free from errors or omissions.
  2. Unless otherwise prohibited by law, you agree that we will not be liable for any kind of loss or damages relating to your use of (or inability to access) our website, or arising from any activity that occurs under your company account.
  3. You agree to indemnify, hold harmless, and defend us from any claims, costs, damages, losses, expenses or other liability as a result of any activity that occurs under your company account.

12. Third party websites

We do not have control of any third party websites linked to from our website. You visit these websites at your own risk.

13. Modifications

We reserve the right to modify or discontinue any part of our service or website, with or without notice.

14. Miscellaneous

  1. Our Terms of Service and Privacy Policy and any documents referred within them make up the entire agreement between you and us. This takes the place of any previous agreements.
  2. If we do not take action on any breach of our Terms of Service immediately, we still have the right to take action at a later date.
  3. If any part of our Terms of Service is found to be invalid, then that part will be removed or edited, and the rest of the terms will remain valid.
  4. A person who is not a party to our Terms of Service shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of our Terms of Service.
  5. We may at any time assign, subcontract, delegate or deal in any other way with any or all of our rights and obligations under our Terms of Service.
  6. You shall not assign, subcontract, transfer or deal in any other way with any of your rights and obligations under our Terms of Service.
  7. Our Terms of Service are governed by English law, and are subject to the non-exclusive jurisdiction of the courts of England and Wales.

Thanks for reading our Terms of Service. If you have any questions or comments, please email us at support@dpictus.com.