Updated: Oct 22, 2020
THESE ADDITIONAL TERMS OF SERVICE (“ADDITIONAL TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND DEEPDYVE INC. ("DEEPDYVE") STATING CERTAIN SPECIFIC TERMS THAT GOVERN YOUR ACCESS TO AND USE OF THE DEEPDYVE DIGITAL LIBRARY SERVICE (THE “DDL SERVICE”). THESE ADDITIONAL TERMS, INCLUDING ALL UPDATES HERETO, ARE A PART OF, SUPPLEMENT, AND ARE INCORPORATED BY REFERENCE INTO THE DEEPDIVE TERMS OF SERVICE, AVAILABLE AT https://www.deepdyve.com/corp/terms-of-service (THE “TERMS OF SERVICE”). ALL CAPITALIZED TERMS NOT OTHERWISE DEFINED HEREIN SHALL HAVE THE MEANING SET FORTH IN THE TERMS OF SERVICE.
BY USING THE DDL SERVICE IN ANY MANNER, OR BY CLICKING “ACCEPT” OR “AGREE” TO THE AGREEMENT, YOU AGREE TO BE BOUND BY THESE ADDITIONAL TERMS. DEEPDYVE MAY REFUSE ACCESS TO THE SERVICE, INCLUDING THE DDL SERVICE, FOR NONCOMPLIANCE WITH ANY PART OF THE AGREEMENT.
"You” as used herein means the Enterprise Purchaser that purchases a subscription to the DDL Service, and each user of the DDL Service, including Enterprise Users. If a particular term of this Agreement applies only to you as an Enterprise Purchaser or only to you as a user, this Agreement will so specify. In the event of any conflict between the terms or provisions of the Terms of Service and these Additional Terms, the terms and provisions of these Additional Terms shall prevail.
The DDL Service has two versions, the “Standard” version (the “DDL Standard Version”) and the “Cloud” version (the “DDL Cloud Version”). Each of the DDL Standard Version and DDL Cloud Version of the DDL Service are Membership Options offered by DeepDyve to Enterprise Purchasers in connection with the Service. The term “DDL Service” as used herein refers to the DDL Standard Version or DDL Cloud Version, whichever you have purchased or are using. The DDL Service provides you with certain enhanced features and functionality for you to use in connection with a cloud-based library (the “Library”) of documents in your DeepDyve account. With respect to the DDL Standard Version, the Library is limited to Membership Option Documents (as defined herein) (collectively, “DDL Materials”). Subject to any exclusions set forth herein, the DDL Cloud Service includes certain additional features and functionality and the ability to host Client Materials (as defined herein, and together with the Membership Option Documents, as applicable, the “DDL Materials”).
Subject to your compliance on a continuing basis with all of the terms and conditions of these Additional Terms and the Agreement, DeepDyve hereby grants you a limited, non-exclusive, non-sub-licensable, non-transferable right to permit your Enterprise Users to access and use the DLL Service you have purchased solely for your Internal Use.
If you have purchased or do purchase during the subscription term a Membership Option (or if an Enterprise Purchaser has purchased or does purchase during the subscription term a Membership Option for your use) pursuant to which you obtain rights to view or download certain documents in the Works including, without limitation, through a Per Document Rental, Subscription Rental Plan, or PDF Download (“Membership Option Documents”), DeepDyve may permit you to store, organize and/or access such Membership Option Documents, depending on whether you have purchased the DDL Standard Version or the DDL Cloud Version of the DDL Service and the level of functionality for each such version of the DDL Service made available by DeepDyve from time to time. All Membership Options and your rights thereto are subject to the terms and conditions of the Agreement. You agree that you are responsible for all purchases of Membership Options made by your users, including where such purchases are made through your account for the DDL Service. You acknowledge and agree that Membership Option Documents stored in your account with the DDL Service may be searched, accessed and used by all of your users, and that certain Membership Option Documents are subject to Content Specific Terms (as defined in the Terms of Service), including number of user limitations. You are responsible for compliance with such Content Specific Terms in the use of the DDL Service by you and your users.
In addition to Membership Option Documents, the DDL Cloud Service also has the ability to store and organize journal article PDFs and other electronic documents that you have developed, acquired or licensed other than through a Per Document Rental, Subscription Rental Plan, or PDF Download, whether prior to or separate from your participation in the DDL Service or through other third party websites or services accessible through the DDL Cloud Service or Service generally (“Client Materials”). You acknowledge and agree that by uploading Client Materials to your DeepDyve account or otherwise to the DDL Cloud Service, such Client Materials may be searched, accessed and used by all of your users. You will not use the DDL Cloud Service to store or transmit infringing, libelous, or otherwise unlawful or tortuous material. You are solely responsible for ensuring that you have the necessary rights, licenses, consents, and permissions, and the authority to display and use, and to authorize DeepDyve to display, and use, the Client Materials on and through the DDL Cloud Service in the manner contemplated hereunder, and you represent, warrant and covenant to DeepDyve that you have all such rights, licenses, consents, permissions, and authority. You agree to indemnify, defend and hold DeepDyve and its affiliates, officers, directors, agents and employees (collectively, the “DD Parties”) harmless from any liabilities, expenses, losses or costs, including reasonable attorneys’ fees, incurred by any DD Party which arises out of or relates to any claim, demand, action, or other proceeding alleging that any Client Materials misappropriate, violate or infringe any patent, trademark, copyright, trade secret or other right of, or otherwise harm, any third party. You agree that you are responsible for all purchases of Client Materials made by your users, including where such purchases are made through your account for the DDL Service.
You agree and acknowledge that the hosting and other enhanced features or functionalities of the DDL Service may not be available with respect to certain documents within the Membership Option Documents or Client Materials, including where rights granted by the owners or licensors of such documents are not sufficient to permit hosting. DeepDyve may refuse, without liability to you, to host or make available through the DDL Service any Membership Option Documents or Client Materials if DeepDyve determines, in its sole discretion, that it lacks any necessary rights, consents, or authorizations.
The DDL Service may start with a free trial. The free trial period for the DDL Service lasts for 14 Days, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. BY ACCESSING OR USING THE DDL SERVICE ON A FREE TRIAL BASIS, YOU AGREE TO BE BOUND BY THESE ADDITIONAL TERMS AND BY THE TERMS OF SERVICE; PROVIDED, HOWEVER, THAT ANY PROVISION OF THESE ADDITIONAL TERMS OR THE TERMS OF SERVICE THAT RELATES DIRECTLY TO AND GOVERNS THE PAYMENT AND BILLING OF FEES FOR THE USE OF THE DDL SERVICE ON A PAID BASIS SHALL NOT APPLY TO YOU DURING THE FREE TRIAL PERIOD.
We will bill your Payment Method for subscription fees for the DDL Service at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of the DDL Service has begun. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD FOR THE DDL SERVICE. TO CANCEL YOUR FREE TRIAL, PLEASE CONTACT YOUR DEEPDYVE REPRESENTATIVE USING THE CONTACT INFORMATION PROVIDED TO YOU OR EMAIL YOUR CANCELLATION REQUEST TO .
Unless otherwise specifically provided in the applicable Ordering Document, the applicable subscription fee will be billed in advance prior to the beginning of your paid subscription term. We will bill the subscription fees to the Payment Method specified in the Ordering Document, or if no Payment Method is specified, such Payment Method as is then accepted by DeepDyve for DDL Service subscriptions. All fees are fully earned upon payment. Upon the date of expiration of your initial paid subscription term, your subscription to the DDL Service, including all associated access and use rights, will automatically terminate unless, prior to such date, you renew your subscription by entering into a new Ordering Document with DeepDyve and paying to DeepDyve the subscription fee applicable to the such renewal subscription term.
You may cancel your subscription to the DDL Service at any time. In the applicable Ordering Document, we may offer you the right to you cancel your subscription within the first 90 Days of your paid subscription term or another period set forth in the Ordering Document (the “Opt-out Period”), in which case you would be entitled to a prorated refund of any subscription fees actually paid by you to DeepDyve with respect to the applicable paid subscription term if you cancel during the Opt-out Period. NO REFUNDS OR CREDITS ARE AVAILABLE OR WILL BE GIVEN FOR ANY PARTIALLY-USED SUBSCRIPTION TERMS WHERE THE SUBSCRIPTION IS CANCELED AFTER EXPIRATION OF THE OPT-OUT PERIOD OR WHERE NO OPT-OUT PERIOD IS OFFERED. To cancel the DDL Services, please contact your DeepDyve representative using the contact information provided to you, or email your cancellation request to .