Copyright Policy

COPYRIGHT POLICY AND LICENSE AGREEMENT

This Publishing and Copyright License Agreement (“Agreement”) is entered into as of the Effective Date by and between the individual submitting their creative work—whether written, poetic, photographic, illustrative, painted, culinary, or otherwise (“Artist”)—and Silent Spark Press, a Puerto Rico limited liability company (“Company”).

RECITALS

WHEREAS, the Company compiles weekly collections of creative works for publication in various mediums, primarily digital and electronic, and occasionally in print (the “Project”);

WHEREAS, the Artist wishes to have their work included in the Project and published more broadly; and

WHEREAS, the Artist has submitted their work through www.silentsparkpress.com, the Company’s affiliated social media and email accounts, or related Typeform subdomains (the “Work”), and the Company desires to publish said Work in accordance with the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

1. Reservation of Copyright

Nothing in this Agreement shall limit the Artist’s right to sell, distribute, display, or otherwise provide access to the Work, or to enter into agreements with other parties regarding such activities, provided that no such agreements shall infringe upon or restrict the rights and licenses granted to the Company herein.

2. Grant of Publishing Rights

The Artist hereby grants the Company a non-exclusive, irrevocable, royalty-free, perpetual, worldwide license to use, display, reproduce, distribute, and publish the Work in any medium—print, digital, or electronic—and in all languages, countries, and territories, whether currently existing or developed in the future.

The Artist agrees to execute any documents reasonably requested by the Company to confirm or effectuate this grant of rights.

3. Artist Representations, Warranties, and Indemnification

The Artist represents and warrants that:

  • They are the sole creator and owner of the Work;

  • The Work is original and not in the public domain;

  • The Work does not infringe upon the rights of any person or entity, including copyrights, trademarks, or other intellectual property;

  • No other party has any rights, title, or interest in the Work;

  • The Artist has full authority to enter into this Agreement; and

  • The Work contains no libelous, obscene, or otherwise unlawful content.

The Artist agrees to defend, indemnify, and hold harmless the Company from and against any claims, damages, liabilities, or expenses (including attorney’s fees) arising from a breach of these representations or warranties.

4. Promotion of Work

The Company may use, and authorize others to use, the Artist’s name, likeness, submitted work, and biographical materials for promotional purposes related to the Work and the Project.

If the Artist is under 18, both the Artist and their legal guardian must elect whether to authorize the use of the Artist’s name, likeness, and biography for promotional purposes. If not authorized, the Company may assign a pen name to the Artist for publication and promotion.

5. Promotion as Consideration

The Company will invest resources to produce and promote the Project and the Artist. As part of this Agreement, the Artist may provide a brief biographical statement for inclusion in the Project. Submission of such a statement is optional but encouraged.

If the Artist’s biography is inadvertently omitted, the Artist may contact hello@silentspubmissions.com, and the Company will correct the omission.

6. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the United States and the Commonwealth of Puerto Rico, without regard to conflict-of-law principles. Any disputes shall be resolved exclusively in the courts of San Juan, Puerto Rico, and both parties consent to personal jurisdiction therein.

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

7. Assignment

The Artist may not assign their rights under this Agreement. The Company may assign or sublicense any of its rights or interests. This Agreement shall bind and benefit the parties and their successors and permitted assigns.

Both parties agree to cooperate in good faith and execute any additional documents reasonably necessary to carry out the intent of this Agreement.

8. Waiver and Modification

This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes any prior oral or written agreements.

No waiver shall be valid unless in writing and signed by the party against whom enforcement is sought. Any modification or amendment must also be in writing and signed by both parties.

Each party acknowledges that a breach of this Agreement may cause irreparable harm, entitling the aggrieved party to seek injunctive or equitable relief in addition to any other remedies available.

This Agreement does not create a partnership, joint venture, or agency relationship between the parties.

9. Guardian Consent for Minors

If the Artist is under eighteen (18) years of age, both the Artist and their parent or legal guardian must sign this Agreement, consenting to its terms.

10. Severability

If any provision of this Agreement is found invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remainder of the Agreement shall remain in effect.

11. Limitation of Liability

The Company and its affiliates shall not be liable to the Artist (or their guardian) for any indirect, consequential, incidental, special, or punitive damages, including loss of profits, revenue, or business, arising from or related to this Agreement.

12. Payment

The Artist acknowledges that no royalty or monetary compensation is provided under this Agreement, regardless of whether the Company accepts or publishes the Work.

13. Execution

This Agreement may be executed in counterparts, each of which shall be deemed an original.

Electronic signatures, including through Typeform, DocuSign, or similar platforms, shall be considered valid and enforceable as originals.

For questions or administrative matters related to this Agreement, the Artist may contact hello@silentspubmissions.com.