General terms and conditions
You (hereinafter referred to as the “Author”) are accessing a website or mobile application (hereinafter referred to as the “Online Platform”) operated by Short Edition to publish one or more original short novels, stories, poem or essays (referred to as the “Work”) as accepted by Short Edition, as uploaded on the Author’s online account with Short Edition at www.short-edition.com. The present document (hereinafter referred to as the “GTC”) defines the terms and conditions of use of the Online Platform and the rights granted by the Author to Short Edition on the uploaded Work. The use and/or consultation of the Online Platform implies the Author’s unconditional acceptance of the GTC. Therefore, in case of disagreement with some of the terms contained herein, the Author shall not access the Online Platform.
1. Use of the Online Platform
The Author shall use the Online Platform to upload Work he or she wants to submit to Short Edition for publication on several media used by Short Edition.
1.2. Accessibility to the Online Platform
Short Edition may, at any time and without prior notice, suspend temporarily the access to the Online Platform for maintenance or modification purposes. Short Edition shall have no obligation to justify such suspension and shall not be held responsible for any potential consequence linked to such suspension.
Moreover, Short Edition may, at any time, decide to stop the use of the Online Platform. Using the Online Platform, the Author accepts it and shall not request any indemnity linked to potential damages incurred.
1.3. Security of the Online Platform
Short Edition puts in place technical means to ensure the identification and authentication of the users of the Online Platform. The Author is attributed a login and a password to access the Online Platform. As a user of the Online Platform, the Author shall ensure the confidentiality of his/her login and password and of the information contained in the Online Platform. The Author is responsible for and is committed to take all necessary steps in that purpose. The use of your login and password is considered as a proof of the Author’s personal use of the Online Platform.
Under no circumstances shall Short Edition be held responsible for the use (including fraudulent use) of the Author’s login and password. The Author is committed to immediately notify in writing to Short Edition any communication or any theft of his/her login, password and of any information contained in the Online Platform.
Moreover, Short Edition reserves the right to suspend the Author’s login and password at any time as far as if the use he/she makes of the Online Platform is considered as abnormal, without any possibility for the Author to refuse such suspension.
1.4. Information supplied by the Author
The Author warrants that the information or data introduced in the Online Platform is real, up to date, full and legal.
The Author also warrants that he/she is allowed to supply such information or data and that it is not submitted to any third party’s property right. In such circumstances, the Author will defend, indemnify and hold Short Edition harmless against any claim from such third party. In case the Author does not respect these terms, Short Edition reserves the right to suspend or terminate his/her use of this Online Platform at any time and without prior notice.
1.5. Organization of literary contests
Short Edition may but is not committed to organize several literary contests where original literary works are submitted to readers for them to vote and rank said literary works.
The conditions of participation in the literary contests, of selection and attribution of the literary awards are defined in the competition rules established for each literary contest. The winner of each literary award shall receive a grant as defined in the competition rules established for each literary contest.
The winner of a literary award may also have his/her Work be published in a collective work in soft or hard-cover book, printed material or digital work, published by Short Edition to promote the Author and the short literature. However, Short Edition shall have sole authority to decide whether it will make and/or publish such a work, to choose the media, to decide whether it will consist in an individual or collective work.
The publication of a Work on the Online Platform does not automatically imply that said Work is selected to compete for a literary contest. When a Work is not selected to compete for a literary award, it is published on the Author’s profile page.
1.6. Intellectual property rights
The Online Platform is the exclusive property, including intellectual property, of Short Edition.
According to the GTC, Short Edition grants the Author a non-exclusive and non-transferable right to use the Online Platform.
1.7. Limitation of liability
Short Edition cannot be held responsible for errors, omissions, viruses or results obtained by an illicit use of the Online Platform. Under no circumstances shall Short Edition be held responsible for loss of data or damage cause to data. Subject to the applicable regulation, Short Edition cannot be held liable for any direct, indirect or consequential damage, such as but not limited to, loss of profit, loss of data, loss of intangibles due to the use or the impossibility to use the Online Platform, and more generally to any event linked to the Online Platform.
2. Publishing terms and conditions
2.1.1. The Author can submit a Work through two (2) submission modes: through an open literary contest or outside of a literary contest, when available. These publishing terms and conditions shall apply to any Work, irrespective of its submission mode. However, the Author acknowledges and agrees that the competition rules established for a literary contest, as per Section 1.5 above may modify certain terms of these publishing terms and conditions and shall prevail.
2.1.2. Short Edition has sole discretion to issue literary contests or to make open submission periods available to the Author. The Author acknowledges and agrees that literary contests and open submission periods can be simultaneously available, independently available or not available. Short Edition is not committed to have any of these submission modes available and shall not be held liable if the Author is not able to submit a Work.
2.2. Grants of Rights
Subject to acceptance of the Work as satisfactory by Short Edition, as provided by Section 2.2 hereafter, the Author grants to Short Edition:
2.2.1. Through Short Story Dispensers: Exclusive right for the whole copyright duration, in English language and any translation therefrom in any language, throughout the world, to print, publish, publicly distribute and/or directly or indirectly sell the Work and any derivative work as per 17 USC § 101 (referred to as a “Derivative Work”), through the Short Edition proprietary network of Short Story Dispensers (referred to as the “SSD”) and or any kind of physical story dispensers. In case Short Edition discontinues the use of said right for a Work or Derivative Work, the Author shall not publish said Work or Derivative Work or have it published for one (1) year and Short Edition shall keep the exclusive right to re-print, re-publish, re-distribute and/or resell said Work or Derivative Work. After a year of discontinuation, provisions of Section 2.10 shall apply.
2.2.2. Through Online Platform: Right of first publication for three (3) months from the acceptance of the Work and any Derivative Work according to Section 3 below, during which the Work and any Derivative work shall not be published or proposed for publication. If published, right, in English language and any translation therefrom in any language, throughout the world, to publish, publicly distribute and/or directly or indirectly sell the Work and any Derivative Work online, through an Online Platform. The publication rights granted may be exercised in any media now in existence or hereafter developed, including, without limit, print media, electronic media and electronic data bases. The Author is committed to not publish said Work and/or Derivative Work or permit to have them published during twenty-four (24) months after publication by Short Edition.
2.2.3. Through print publication: Right of first publication for twelve (12) months of any Work and Derivative work subject to Section a or b above, in English language and any translation therefrom in any language, throughout the world, to print, publish, and/or sell the Work and any Derivative Work as part of a collective work in soft or hard-cover book or printed material or in any other paper form, including in any newspaper.
2.2.4. Through any other media: Non-exclusive right for the whole copyright duration in the original language and any translation therefrom in any language, throughout the world, to sell, license or re-use, directly or indirectly, the rights on the Work and Derivative Work through any other media, including but not limited to merchandising and commercial rights, audio rights (i.e., the right to use or adapt the Work or any portion thereof as a basis for audio through any method of recording or transmission in all forms now or to be utilized, any digital audio format, or any other human or machine-readable audio medium and the broadcast or transmission thereof, now known or which may be devised in the future), all other forms, formats, platforms, and standards now in use or which may in the future be in use and its option terms and picture, dramatic, television, radio, and allied rights. In case the Author decides to use or to grant someone similar rights on a Work or Derivative Work, he or she shall inform Short Edition beforehand.
2.2.5. Subject to the other terms of these GTC, all rights now existing or which may hereafter come into existence which are not granted or licensed herein are reserved by Author.
2.3. Acceptance of Satisfactory Work by Short Edition
Within ninety (90) days from the date of submission of the Work by Author, Short Edition shall either (i) accept or (ii) reject the submitted copy of the Work. Said acceptance or rejection of the Work shall remain at the sole discretion of Short Edition.
2.4. Date, Style, and Price of Publication
Short Edition shall publish the Work at its own expense, at the time, in such style and manner, under such imprint and at such price if any, as it deems suitable to Short Edition. In no event shall Short Edition be obligated to publish or maintain a Work which, in its reasonable opinion, violates or may violate copyright law or the right of privacy of any person or contains libelous or obscene matter. Short Edition shall have final approval.
Author agrees to read, revise, correct, and return promptly all proofs of the Work at the request of Short Edition.
2.6. Registered Copyright
The Author shall be responsible for registering copyright for his or her Work in English language before any publication, and for renewals of such copyright.
2.7. Advance Payments
In case a Work is accepted as a Satisfactory Work by Short Edition and provided that said Work is published through a SSD, then Short Edition shall pay to Author, as an advance payment against and on account of all moneys accruing to Author under these GTC, the sum of $125, payable within 45 days after acceptance of Satisfactory Work.
2.8. Royalty Payments
Short Edition shall pay to the Author a royalty on the Work published and/or distributed as calculated as follows:
2.8.1. Publication of the Work in a SSD: for each SSD, in proportion to the number of third parties works published in the SSD and the number of days that the Work is available to the public via the SSD, to a prorate of 40% of the revenue corresponding to the remuneration of the exploitation of the Work paid to Short Edition by the client as part of his subscription to the service.
2.8.2. Publication of the Work in a thematic book: in proportion to the number of third parties works published when several works are published together, to a prorate of 10% of the public price, excluding tax.
2.8.3. For any other exploitation:
22.214.171.124. in proportion to the number of third parties works published for a publication assembling multiple works, to a prorate of 40% of the revenue corresponding to the remuneration of the exploitation of the Work when this one can be isolated,
126.96.36.199. to 10% of the total revenue when it cannot be isolated.
2.8.4. Publication on the website, short-edition.com/en, does not entitle Writer to additional income.
2.9. Reports and Payments
Short Edition shall render annual statements of account to the last day of December and shall mail or email such statements to Author during the third following month, together with wire transfer in payment of the amounts due thereon on the account notified by the Author.
Should the Author receive an overpayment of royalty, Short Edition may deduct such overpayment from any further sums due to the Author. Any sums due to and owing from the Author to Short Edition may be deducted from any sum due or to become due from Short Edition to the Author pursuant to these GTC.
2.10. Discontinuance of Publication
If Short Edition fails to keep the Work in active publication and the Author makes written demand, Short Edition shall, within sixty (60) days after the receipt of such demand, notify the Author in writing if it intends to republish it. If Short Edition republishes it within the sixty (60) days from notification, the provisions of Section 2.2 shall apply. If Short Edition does not republish it within the sixty (60) days from notification, the Author shall have the right to notify termination of the exclusive publishing rights granted in application of Section 2.2, subject to licenses previously granted, provided the Author is not indebted to Short Edition for any sum owing to it under the GTC. In such circumstances, Short Edition shall however keep the rights granted on Section 2.2 but on a non-exclusive basis. Therefore, the Author cannot grant an exclusive license on said Work or Derivative Work to a third party.
In case, in application of the provisions of Section 2.10, Short Edition waives or loses its exclusive right granted in Section 2.2 to publish a Work or Derivative Work is published directly by the Author or by a third party, the Author is committed to ensure that the reference to Short Edition as the first publisher is affixed to said copy of the Work or Derivative Work.
2.12. Author’s Warranties and Indemnities
The Author warrants that he or she is the sole author of the Work and/or of all the rights granted to Short Edition. The Author also warrants that the Work is original, has not been published before, is not in the public domain and it does not, to the best of the Author’s knowledge, infringe or violate any copyright, right of privacy or publicity, or any other personal or property right of any person.
In the event of any claim, action, or proceeding based upon an alleged violation of any of these warranties, the Author shall hold harmless Short Edition, its affiliates, directors, officers, employees, owners and agents, or any seller of the Work, and any licensee of a subsidiary right in the Work, against any damages sustained. Short Edition shall have the right to defend the same through counsel of its own choosing. If such claim, action, or proceeding is successfully defended or settled, the Author’s indemnity hereunder shall be limited to fifty percent (50 percent) of the expense (including reasonable counsel or court fees) attributable to such defense or settlement; however, such limitation of liability shall not apply if the claim, action, or proceeding is based on copyright infringement. In such circumstances, Short Edition may withhold payments of reasonable amounts due to Author under the GTC. These warranties and indemnities shall survive the termination of the publishing rights.
2.13. Author’s Property
Except for loss or damage due to its own negligence, where its liability shall be limited to twice the net amounts received by Short Edition for the considered Work, Short Edition shall not be responsible for loss or damage to any property of the Author.
2.14. Suits for Infringement of Copyright
If the copyright of the Work is infringed, Short Edition shall have the right to prosecute such action.
In case one of the terms of the GTC is considered as illegal or void, or in case of omission, the related term would be replaced by another one having an approaching meaning in terms of legal interpretation.
The GTC shall remain effective between the Author and Short Edition until the end of Short Edition is granted rights according to Section 2.1. However, Sections 2.10, 2.11, 2.12 and 2.13 shall survive the end or termination of these GTC and remain enforceable thereafter.
3.3. Applicable Law and Jurisdiction
These GTC, including all rights and liability of the parties, shall be governed by the laws of France and the courts of Grenoble shall have exclusive jurisdiction over any dispute.
These GTC shall be binding upon the heirs, executors, administrators, and assigns of the Author, and upon the successors and assigns of Short Edition.