Updated: March 7, 2024
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 PLATFORM (THE “DDL SERVICE”). THESE ADDITIONAL TERMS, INCLUDING ALL UPDATES HERETO, ARE A PART OF, SUPPLEMENT, AND ARE INCORPORATED BY REFERENCE INTO THE DEEPDYVE 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 Purchaser that purchases a subscription to the DDL Service, and, in the case of Enterprise Purchasers, its Enterprise Users. If a particular term of this Agreement applies only to you as a 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 is a Membership Option offered by DeepDyve in connection with the Service. It may be offered to all Purchasers or a limited subset of Purchasers (such as Enterprise Purchasers) in DeepDyve’s discretion. 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. Subject to any exclusions set forth herein, your Library may include Membership Option Documents (as defined herein) and 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 to each Purchaser of a subscription to the DDL Service a limited, non-exclusive, non-sub-licensable, non-transferable right to access and use the DDL Service, and in the case of Enterprise Purchasers, to permit your Enterprise Users to access and use the DDL Service, in each case solely for the applicable subscription term purchased and solely for your Internal Use.
If you have purchased or do purchase during your subscription term for the DDL Service another Membership Option (or if an Enterprise Purchaser has purchased or does purchase during the subscription term another Membership Option for your use as an Enterprise User) pursuant to which you obtain rights to view or download certain documents in the Works including, without limitation, through a Per Document Stream, Subscription Stream Plan, or PDF Download (“Membership Option Documents”), you may be permitted to store, organize and/or access such Membership Option Documents through the DDL Service depending on the availability of the Work within the DDL Service and subject to the level of functionality for 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 or otherwise 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 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 Service or Service generally (“Client Materials”). You acknowledge and agree that by uploading Client Materials to your DeepDyve account or otherwise to the DDL Service, such Client Materials may be searched, accessed and used by all of your users. You will not use the DDL 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 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” and each a “DD Party”) 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 storage, access and use within the DDL Service and/or certain 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 any such store, access or use or use of such features or functionality. 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 the time period specified during sign-up or if a time period is not specified, as determined by DeepDyve in its discretion. Free trials may not be combined with any other offers and may be made available by DeepDyve only upon request or otherwise in its discretion. 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.
A free trial offer may provide that the free trial automatically converts to a paying subscription of a specified length upon expiration of the fee trial period unless you cancel prior to the end of the free trial period. In such event, unless you cancel prior to the end of the free trial period, your DDL Service free trial will automatically convert to a paying subscription upon expiration of your free trial period for the initial paying subscription term specified in the free trial offer, and we will bill your Payment Method for subscription fees for the DDL Service at the end of the free trial period. You will not receive 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.. FOR INDIVIDUAL PURCHASERS, TO CANCEL YOUR FREE TRIAL CLICK THE "ACCOUNT SETTINGS" UNDER YOUR ACCOUNT FOR CANCELLATION INSTRUCTIONS. FOR ENTERPRISE PURCHASER, PLEASE CONTACT YOUR DEEPDYVE ACCOUNT MANAGER USING THE CONTACT INFORMATION PROVIDED TO YOU.
Your DDL Service subscription will automatically renew for additional subscription terms of the same length upon expiration of your initial paid subscription term unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews for a renewal subscription period in order to avoid billing of subscription fees for the renewal subscription period to your Payment Method. If during registration or pursuant to your initial order (or pursuant to a change in your account information) you have provided us with a credit card or debit card or similar Payment Method, we will not invoice you and will charge that Payment Method for the subscription fees for the renewal subscription period. In other circumstances or if we are unable to charge your credit card, debit card or similar Payment Method for any reason, we will invoice you for the subscription fees for the renewal subscription period, and you agree to pay such invoice within 30 days of invoice using an accepted Payment Method. Subscription fees are fully earned upon payment.
You may cancel your subscription to the DDL Service at any time; however DEEPDYVE DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIALLY-USED SUBSCRIPTION TERMS. To cancel a DDL Service subscription, if you are an Individual Purchaser, access your account through the Service and under “Account Settings” follow the instructions for cancellation under the applicable heading and, if you are an Enterprise Purchaser, please contact your DeepDyve account manager using the contact information provided to you. If your DDL Service subscription is bundled with one or more Membership Options, cancellation of your DDL Service subscription will also cancel such other Membership Options.