Publisher terms and conditions

When you register with Paperight as a publisher, you are agreeing to the terms of this short and simple agreement. For an easy guide to how Paperight works, see our Publisher Guide on help.paperight.com.

Agreement

By registering as a Publisher with Paperight, you’re accepting the terms of this agreement on behalf of your organisation as provided at registration.

Definitions

Paperight is a service that lets publishers sell licences to registered outlets. These licences allow the outlets to print and sell copies of the Rightsholder’s documents, which Paperight provides to them as watermarked PDFs.

Scope

This agreement governs the relationship between Paperight and the Rightsholder. It may be amended by Paperight from time to time as the service develops. The Rightsholder will be informed at least 14 days before such changes take effect.

Term and termination

Either party may suspend or terminate this agreement by notifying the other in writing with 14 days notice. If that happens, outstanding earnings owed to the Rightsholder will still be paid according to the Compensation terms below. Watermarked documents may still be available to print through the Paperight system during the notice period.

Operating policies and procedures

The Rightsholder will provide documents to Paperight for distribution via paperight.com. For distribution to registered outlets, Paperight will resize these documents and place them on new page sizes (such as A4), along with fineprint containing selected details of each licence, including the names of the Rightsholder, the outlet, and the outlet’s customer, and the date of the licence. The Rightsholder may specify which documents should and should not be made available to outlets at any time, and in which countries.

Paperight will conduct this service as it is described publicly on paperight.com, which will change from time to time at Paperight’s discretion.

Paperight will gather data about users, including rightsholders and outlets, on its website in the normal course of doing business online. How Paperight uses that data is described separately in the privacy policy published on paperight.com.

Responsibilities of Rightsholder and Paperight

The Rightsholder is responsible for providing accurate metadata and up-to-date versions of its documents in the formats required by Paperight, or as agreed with the Rightsholder from time to time.

Paperight is responsible for accurately reflecting this metadata on paperight.com, and for taking all reasonable measures to keep source (as opposed to public or purchased) metadata and documents safe from theft. Paperight will take reasonable measures to monitor usage of its services to spot misuse, such as unlicensed photocopying or redistribution of content. Where evidence of misuse exists, Paperight will take action under the terms of its outlet agreement published on paperight.com at the time. That action may include suspending the user accounts of offending outlets, and/or providing evidence of copyright infringement to the Rightsholder and relevant authorities.

Paperight's terms for outlets will include the following requirements:

• One fee = one print-out: For each copy of a document that an outlet prints out, it must pay a separate licence fee. (For example, if an outlet pays to make one print-out of The Great Gatsby, it is only allowed to print it out once.) As such, an outlet may only sell this one print-out to one customer.
• Customer's full name, every time: An outlet must provide the customer's full name (e.g. first and last name) each time it buys a licence. The customer's name will then appear on each page of their document, along with a unique tracking code. An outlet may not re-print one customer's document for another customer.

Compensation and currency

The Rightsholder will determine the rights fee paid by an outlet for each publication in dollars. Paperight will pay to the Rightsholder 80% of these rights fees, as received in its South African accounts for completed sales.

Paperight will pay earnings from licence sales to the Rightsholder once a month for sales up to the end of the previous month. If sales revenue is withheld by financial or regulatory processes (e.g. withholding amounts held by credit-card payment companies to cover chargebacks), earnings will be reduced accordingly until that revenue is actually received by Paperight. Paperight will provide a statement to the Rightsholder detailing these licence sales, including sales quantities and the value of licences sold by title or identifier.

Licences

When a registered outlet requests a copyright work (e.g. a book, journal or document) on paperight.com, they are automatically granted a license by the Rightsholder to reproduce and distribute the requested copyright works which the Rightsholder has made available through Paperight. The Rightsholder authorises Paperight to exercise any of the exclusive rights granted by law to the Rightsholder in order to enable Paperight to make the copyright works available to registered outlets in terms of this agreement, including but not limited to reproduction, distribution and transmission of the works.

Warranty disclaimer and limitation of liability

All services provided by Paperight are provided on an “as-is” basis. Paperight does not warrant that the services will be uninterrupted or error free.

Paperight’s total liability to the Rightsholder for any damages (regardless of why the Rightsholder seeks damages) shall not exceed in total the revenue received by Paperight from rights sales of the Rightsholder’s content in the month before the incident giving rise to the liability.

To the maximum extent permitted by applicable law, in no event will Paperight or the Rightsholder, their parents, subsidiaries or affiliates, or any of their officers, directors, employees or agents be liable for punitive, consequential, incidental, exemplary, indirect or special damages, including without limitation damages for loss of profits, revenues, business, use, data or other intangibles, whether or not such damages were foreseeable - and even if Paperight or the Rightsholder had been advised of the possibility or likelihood of such damages.

The Rightsholder acknowledges that due to the nature of the internet, and despite Paperight’s best reasonable efforts, some licences may be sold, and related content delivered, in geographic territories for which the Rightsholder and/or Paperight do not have rights to sell such licences. The Rightsholder therefore waives any claim for damages against Paperight for licences sold to outlets in geographic territories for which either party may not have rights.

Indemnity

The Rightsholder warrants that it is the owner of, or is authorized to licence, the rights to all content provided to Paperight. This content (a) is not libellous, slanderous, defamatory, obscene or pornographic; (b) does not infringe on anyone else’s intellectual property or other rights, such as their privacy; (c) does not violate applicable laws or regulations; (d) does not contain any harmful or malicious computer code. The Rightsholder will defend, indemnify and hold harmless Paperight, its parent, subsidiaries and affiliates, and their officers, directors, employees, and agents against any third-party claims arising from a breach of this warranty.

Paperight will defend, indemnify and hold harmless the Rightsholder, its parent, subsidiaries and affiliates, and their officers, directors, employees, and agents against any third-party claims caused by Paperight’s negligence in distributing content, unless those claims arise from the negligence or willful misconduct of the Rightsholder.

If either party claims this indemnification, they will give the other prompt notice in writing; cooperate in any investigation and defence; let the other party select its own legal counsel; and not settle any claims without the other’s consent.

Force Majeure

If either party cannot fulfil its obligations because of an event beyond their reasonable control (including any act of God, actions by any government authority, fires, floods, natural disasters, riots, wars, labour problems such as lockouts and strikes, or communications systems failures), any delay or failure will be excused until circumstances permit business to continue as before. This does not apply to obligations to pay money due.

Assignment

Should either party intend to transfer this Agreement or any of its rights and obligations to another party, they will inform the other party with at least 14 days notice, so that they may have an opportunity to review or terminate the Agreement. After transfer, this Agreement will be binding on any successors and assigns. Written notice is not required where Paperight or the Rightsholder assigns all or most of its assets to another party, in which case the acquiring party assumes all of the rights and obligations in this agreement.

Governing law

If there are any disputes between the parties, they will be governed by the laws of the Republic of South Africa.