Terms and Conditions
The following are the terms and conditions for use of Submittable’s submission management (the "Service") between Submittable, INC and you (either an individual or a legal entity that you represent as an authorized employee or agent) ("You"). BY CLICKING THE "SIGN UP" BUTTON, AND/OR ACCESSING OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS ("AGREEMENT"). The Service is offered to you conditioned on your acceptance of the terms and conditions contained herein. If You have entered into a separate written agreement ("Order Form") with Submittable governing your use of the Service, then the terms and conditions of that Order Form will prevail and govern, and any conflicting terms of this Agreement will not be given effect.
"Customer Data" means the submissions and data that is collected through the use of the Software.
"Documentation" means any accompanying documentation made available to You by Submittable for use with the Software.
"Report" means data and any analysis provided through the Service for Your Web Properties.
"Software" means Submittable’s proprietary Submission software and servers, which manages literary submissions.
"Web Properties" means Your publisher web sites and/or applications.
2. ACCOUNT. You must complete the registration process by providing Submittable with current, complete and accurate information as prompted by the registration form, including Your email address (username) and password in order to use the Service. You are responsible for safeguarding the confidentiality of Your password(s) and user name(s), and for any use or misuse of Your account resulting from any third party using a password or user name. By creating an account, You represent and warrant that You are the legal owner (or an authorized employee or agent) of the Web Property for which the Service will be provided through Your account.
3. FEES. The Free Service is provided without charge to You. You must purchase (or Your Account will be converted to) one of the Commercial Editions of the Service. Submittable may change its fees and payment policies for the Service from time to time including but not limited to, the addition of costs for certain services. The changes to the fees or payment policies are effective upon Your acceptance of such changes which You will be informed of through your account. Unless otherwise stated, all fees are quoted in U.S. Dollars and are due and payable on a monthly basis within 30 days from receipt of invoice. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection expenses (including attorneys’ fees) incurred by Submittable will be included in the amount owed. If you charge a fee with submissions or application, Submittable charges 5% + .99 which includes all payment processing and bank fees.
4. LICENSE. Subject to Your compliance with the terms and conditions of this Agreement, Submittable hereby grants You a limited, revocable, non-exclusive, non-sublicensable license to use the Service to manage and track submissions for Your Web Properties. Subject to the terms and conditions of this Agreement, You may remotely access, view and track submissions made available by Submittable.
5. RESTRICTIONS. You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. You will use the Software, Service and Reports solely for Your own internal use, and will not make the Software or Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports.
6. INFORMATION RIGHTS. Submittable will not share information associated with You or any submissions from your Web Properties with any third parties unless Submittable (i) has Your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Submittable, its users or the public; or (iii) provides such information in anonymous or aggregated form.
8. INDEMNIFICATION BY US. We will defend You against any claim, demand, suit or proceeding made or brought against You by a third party alleging that the use of a Purchased Service in accordance with this Agreement infringes or misappropriates such third party’s intellectual property rights (a “Claim Against You”), and will indemnify You from any damages, reasonable attorney fees and costs finally awarded against You as a result of, or for amounts paid by You under a court-approved settlement of, a Claim Against You, provided You (i) promptly give Us written notice of the Claim Against You, (ii) give Us sole control of the defense and settlement of the Claim Against You (except that We may not settle any Claim Against You unless it unconditionally releases You of all liability), and (iii) give Us all reasonable assistance, at Our expense. If We receive information about an infringement or misappropriation claim related to a Service, We may in Our discretion and at no cost to You (a) modify the Service so that it no longer infringes or misappropriates, (b) obtain a license for Your continued use of that Service in accordance with this Agreement, or (c) terminate Your subscriptions for that Service upon 30 days’ written notice and refund You any prepaid fees covering the remainder of the term of the terminated subscriptions. The above defense and indemnification obligations do not apply to the extent a Claim Against You arises from Your Content or Your breach of these Terms.
9. PUBLICITY. Submittable and You may reasonably publicize the provision of the Service. By this we mean, if you're using the service, you can put our logo on your web properties and Submittable may add your logo to our web properties.