This document outlines our Terms and Conditions associated with your content submission for any anthology on this website (www.spipublications.in) or (www.splitpoetry.com). SPI Publications /Split Poetry India and this website is a registered trademarked property of SPI Publications (GST: 06BNJPJ4651F1Z2). By submitting your content for any anthology on this website, we assume you accept these terms and conditions in full. Do not submit your content if you do not accept all the terms and conditions stated on this page.
These terms and conditions are made between SPI Publications (Hereinafter referred to as the “Publisher”) and the Author who wishes to participate in an anthology (hereinafter referred to as the “Author”) with the written creative content (hereinafter referred to as the “Work”).
Grant of Publishing Rights
The Author hereby grants and assigns to the Publisher, its successors, representatives, the sole and exclusive right to publish (i.e., print, publish, and sell) the Work one-time in the anthology that the author has submitted the Work for and distribute that anthology globally using multiple online and offline sales channels.
Non-Disclosure
- The Publisher warrants to the Author that it will not share the Work of the Author with any third party apart from its partners/associates for Advertising and Promotional purposes without the permission or consent from the Author.
- The Publisher will take all necessary measures to ensure that the Author’s Work is not misused by any third party. However, the Publisher shall not be held responsible after the publication if any third party uses the Author’s Work without informing the Author or the Publisher for their own benefits.
- The Publisher will not reprint or republish the Work without consulting with the Author.
Advertising and Promotion
- The Publisher shall have the right to use, and to license others to use, the Author’s name, image, likeness and biographical material for advertising, promotion of the Work and the other rights granted under these terms and conditions.
- The Publisher shall have the right to determine the time, place, method and manner of advertising, promotion of the Work.
Subsidiary Rights
Additional rights which the Author grants to the Publisher are:
- Reprint of the entire Work and of selections and shortened versions in other anthologies and other volumes;
- Share the Work strategically within large industries like movie production houses, music production, OTT Platforms and other streaming services in order to benefit the Author;
- Reprint of selections and shortened versions in any magazine or newspaper for advertising purposes;
- Recording and photographic reproduction of all or part of the text; dramatic (stage, radio, television, motion picture) commercial visual and/or sound presentation, reproduction, recording;
- Developing or licensing for use in all other mechanical or electronic visual and sound reproducing rights of the Work; and
- Reproduction of the text for the physically handicapped.
provided the Publisher has taken consent of the Author before undertaking any of the rights granted by the Author in the above 6 sections.
Reserved Rights
All rights in the Work now existing or which may hereafter come into existence, except those hereby specifically granted to the Publisher are reserved to and by the Author for Author’s use.
Force Majeure
The failure of the Publisher to publish any of the Work shall not be deemed to be a violation of this Agreement or give rise to any right of termination or reversion if such failure is caused by restrictions of government agencies, labour disputes, or inability to obtain the materials necessary for its manufacture, or occurs for any other reason beyond the Publisher’s control; and in the event of delay from any such cause, the publication date or reissue may be postponed accordingly.
Publishing Fee
Author agrees to pay a one-time publication fee upon selection of the Work for the Anthology to the Publisher within the time limit specified by the Publisher.
Refund
Publishing fee paid by the Author for participating in the anthology is non-refundable.
Author’s Warranties and Indemnity
- The Author warrants to the Publisher and its licensees that he/she is the sole Author of the Work; that he/she is the owner of all the rights granted to the Publisher, and has full power to enter into these terms and conditions, and that said rights are not subject to any proper agreement, lien, or other claim or rights which may interfere with the rights herein granted; that the Work is original and not plagiarized; that it does not violate the right of privacy of any person; that it contains no libellous, obscene, or other unlawful matter; and that it does not infringe upon the copyright or violate any other right of any person or party. The Author agrees to hold the Publisher harmless against any damages, including attorney’s fees, finally sustained in any suit involving the Publisher or its licensees by reason of a violation of any of these warranties.
- If any such suit is instituted, the Publisher shall promptly notify the Author and may withhold payments due to the Author under these terms and conditions, until such suit has been settled or withdrawn. If a final adverse judgment is rendered and is not discharged by the Author, the Publisher may apply the payments so withheld to the satisfaction of such judgment. The Author undertakes for himself/herself, him/her successors and assigns, to execute at any time, on request of the Publisher, any document or documents to confirm or continue any of the rights defined herein, and to take all proceedings necessary to enforce copyright in India.
- If the Author unreasonably disapproves of any out-of-court settlement recommended by the Publisher and the claim or suit proceeds to trial, the Author shall be liable for all the Publisher’s fees, costs, damages, and expenses connected with such trial regardless of outcome. The Publisher shall have the right to reasonably extend the benefit of the indemnities to any person, firm, or corporation at any time, and the Author shall be liable thereon as if Author’s warranties were originally made to such person, firm, or corporation.
- The provisions of this Section 3 shall survive the termination of this Agreement.
Amendments
The Publisher reserves the right to make amendments in these Terms and Conditions from time to time with or without informing the Author. Kindly check back this page for future updates.
Laws Applicable
This Agreement shall be interpreted according to the laws of India, except that its conflicts of law provisions shall not apply. Any litigation relating to this Agreement shall be pursued in the District court of Gurgaon.
Severability
In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of this Agreement.
Unless previously terminated, these terms will continue to be in force till the time both parties mutually agree to terminate these terms and conditions in writing
We have updated these Terms and Conditions on 21th September 2021 to improve the user experience and to give access to new features that requires a new set of rules to be accepted.