DATA SUPPLY TERMS AND CONDITIONS
By providing LS any Data (as defined below), Publisher hereby agrees to the following terms as they apply to the collection, sharing, and transmission of Data for the purposes of enhanced book discoverability and promotional opportunity, including without limiting, sales, analytical insights, and book to film adaptations. These Terms form a part of the IngramSpark Agreement (”Agreement”). All capitalized terms not otherwise defined herein shall have the meanings given in the Agreement.
- DATA SUPPLY AND DELIVERY. Publisher, in its sole discretion, will make available or deliver to LS, relevant data including but not limited to, current and accurate bibliographic metadata, logos, cover art, author headshots, sales information, agency representation information, verifiable information regarding the availability of intellectual property rights of books to be adapted into television, film, or other similar media, or other data as requested, hereinafter (“Data”). Publisher will provide Data to LS in a mutually agreeable format and Publisher agrees to monitor and update Data provided to LS in an ongoing and timely manner and as requested during the Term.
- DATA DISTRIBUTION.
- License. Publisher hereby grants LS a non-exclusive worldwide, irrevocable, perpetual and royalty-free license to use all Data (and derivatives, insights, and analytics derived therefrom) for the purposes of developing, providing, and improving products and services developed by LS and its affiliates. Publisher agrees LS may review, display, list, process, aggregate, reproduce, index and otherwise make available Publisher’s Data to those receiving reports or feeds, or to those granted access to LS’s products and services including LS affiliated companies commonly referred to as Ingram Content Group. LS may edit, reproduce, enhance and display Data for the purpose of book discoverability, sales, analytics and insights, and marketing the availability of book-to-film adaptation rights to LS customers or prospective customers. Where Publisher has an existing relationship with LS or its affiliate(s), Publisher consents to LS’s access and use of Data existing in LS’s or affiliated systems such as title management systems or order management systems for the purpose of this Agreement and to improve products and services offered by LS or its affiliates. For clarity, nothing in this Agreement shall restrict LS’s ability to use or disclose Data to third parties.
- Publisher shall not provide personal data to LS as that term is defined by applicable privacy laws, other than Publisher’s business contact information.
- REPRESENTATIONS AND WARRANTIES. Publisher represents and warrants for all Data provided by Publisher to LS:
- that Publisher is the owner or licensee of Data that are the subject of these Terms and the Agreement, and all intellectual property related thereto, and/or has the express authority to provide the Data and distribute the Data in accordance with the terms hereof;
- that the Data provided by Publisher to LS is accurate;
- that the Data or its distribution does not infringe any copyright or other intellectual property right, or violate any confidentiality obligation of Publisher or violate the privacy or other right of any person; and
- that the Publisher will promptly notify LS in writing if it receives or otherwise becomes aware of a claim alleging facts which, if true, would be a breach of any of the foregoing representations or warranties.
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DISCLAIMER. PROVIDING DATA DOES NOT OBLIGATE LS TO PROVIDE SALES OR MARKETING SERVICES ON BEHALF OF PUBLISHER AND LS MAKES NO REPRESENTATION WITH REGARD TO PERFORMANCE, DISCOVERABILITY, OR SALES.