Please read these
Terms and Conditions carefully before You start to use
the Service publuu.com
TERMS AND CONDITIONS FOR USE OF THE
INTERNET SERVICE AT publuu.com
Type and scope of electronic services
Conditions of providing services and concluding electronic services agreements
Entrepreneur User Account
Conditions of terminating electronic services agreements
I. GENERAL PROVISIONS
publuu.com is a platform providing conversion of any PDF files to interactive digital publications of magazines, bulletins, catalogues, and publishing them by methods provided by the Service Provider.
The Service operates under the Terms and Conditions set forth herein and is intended exclusively for Entrepreneurs.
These Terms and Conditions determine the type, scope and conditions of the services provided electronically in the SaaS service by publuu.com, the conditions of concluding and terminating Electronic Services Agreements as well as the complaints procedure.
By using the Electronic Services available through the Website publuu.com the User agrees to be legally bound and to abide by the publuu.com Terms and Conditions.
The Service Provider is not responsible for the lack of interest and response to the content published by the Recipients, as well as does not guarantee them any financial results from the sharing and sale of publications.
All trade names, company names and their logo mentioned on publuu.com are the property of their respective owners and are used solely for identification purposes. All materials, descriptions and photos presented on the publuu.com are for information purposes only.
To all matters not settled herein the following provisions of Polish law shall apply:
Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item 1204, as amended),
Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all other applicable provisions of Polish law.
Copyright and Related
Rights Act of 4 February 1994 (Dz. U. no. 24, item 83 as amended),
and all other applicable provisions of Polish law.
FLIPBOOK – means Electronic Service enabling the User to create flipbook i.e. digital pdf version with the possibility of online sharing and tracking.
APP-Kiosk – means Electronic Service enabling the User to create their own mobile kiosk, i.e. mobile app, which enables to publish and share digital flipbooks for free or for a payment.
REGISTRATION FORM – means the electronic form available at publuu.com required to register an Account. The Registration Form enables the creation of an Account assigned to a specific User.
Kiosk - WEB-Kiosk or APP-Kiosk or YOUR Kiosk or YOUR APP.
CONSUMER - means any natural person who concludes a legal act with an entrepreneur and is acting for purposes that are outside their business, trade or profession.
ACCOUNT – means an electronic collection of data, including User’s data, stored on the Service Provider’s ICT-System and identified by individual username (login name) and password chosen and registered by the User.
LICENCE – means a licence agreement as defined in chapter 5 of the Copyright and Related Rights Act of 4 February 1994 (Dz. U. [Journal of Laws] no. 24, item 83).
SOFTWARE – means application provided by the Service Provider, which is available in the SaaS model via the Service.
USER’S PANEL – is an Internet information system for the comprehensive handling of tasks related to the creation and publication of digital materials via the Internet, available at publuu.com, which enables the use of Services offered and provided by electronic means in accordance with the available functions and the content of the Terms and Conditions.
ENTREPRENEUR – means natural person, legal person and organizational unit referred to in article 331 § 1 of the Civil Code, which carries on its own behalf an economic or professional activity.
TERMS AND CONDITIONS – means these Terms and Conditions.
SAAS – ("Software as a Service") a service that relies on remote provision of the Software via the Internet. It allows interaction with the application via the Web browser interface.
SERVICE – Service Provider operating at publuu.com.
SERVICE PROVIDER , OPERATOR – means MDN GROUP.
RECIPIENT / USER – means any Entrepreneur using the Electronic Services.
ELECTRONIC SERVICE – means any service provided electronically by the Service Provider to the User via the Service.
WEB-Kiosk – Electronic service for publication and free or paid sharing digital content (individual editions or the entire WEB-Kiosk) of a user from any Web page position. In order to publish the content, the User must generate a link or an embed code in the User's Panel and paste it into the appropriate place in the User's website code.
III. TYPE AND SCOPE
OF ELECTRONIC SERVICES
The following Electronic Services are made available through the Website:
using the Software, via User’s Panel, including:
entering Data in forms of:
- PDF files,
- Audio files,
- Graphic files,
- Active hyperlinks,
- Photo galleries,
collection and storage of Users’ data,
creating and editing WEB-Kiosk,
creating and editing APP-Kiosk,
sending PUSH messages to APP-Kiosk recipients,
access to statistics,
generate unique links for publication.
The provision of Services to the Recipients in the Service takes place under the conditions set forth in these Terms and Conditions and the price list of the Service.
The Service Provider reserves the right to display advertising content on the Website. Such content is an integral part of the Website and the materials presented therein.
IV. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
The Electronic Services set forth in chapter III point 1 a) and b) of these Terms and Conditions is either paid , depending on the package chosen and according to the price list of the Service. The fees for using the Electronic Services indicated in the selected package are included in the price. The Service Provider begins to provide the paid services only after payment by the Customer in accordance with the Terms and Conditions and the price list.
The fees referred to in section 1 of this chapter depend on the package and the period for which access to the service has been purchased. Information on fees is available in the price list on the website publuu.com. The day of payment shall be credited to the Service Provider's bank account.
Service Provider accepts credit card payments or via PAYPAL. Subscription to the Service renews automatically at the end of each billing period.
User is obliged to pay fees for the Service, under the conditions specified in the price list of the Service. Recurring payment periods are the same as the billing cycle for the use of the Software (the app).
Service Provider reserves the right to send email to the address provided when setting up the Account, special offers, newsletters and reminder messages about the deadline for payment, and the User agrees.
The lack of payment on the Service Provider bank account within the indicated date will result in blocking access to the Account and the services provided. In this case, all data entered by User will be stored by the Service Provider for a period of 14 days, starting from the day following the date of maturity of the fee. After the expiry of the period specified in this section, the data will be copied and deleted from the Service along with the Account.
FLIPBOOK, WEB-Kiosk and APP-Kiosk are not the User’s property, but only services made accessible by the Service Provider on a licence basis. Upon payment of the fee, the Operator grants the User a non -exclusive Licence to use the Software for the use of the application, solely for the purposes of the User’s activity and as intended Software.
The Licence is granted for the designated subscription period for which the User paid the fee and is renewed upon payment for the next subscription period.
The User is not authorized to perform, on his/her own or with the participation of third parties, a reverse engineering, as well as to disassemble or decompile the Software provided by the Service .
User agrees not to use any software that may interfere with the operation of the Software provided via the Service.
The Electronic Service agreement consisting in the operation of the Account and the use of the User's Panel is concluded for an indefinite period. In the event of changes to the Terms and Conditions, the service will be implemented on the previous rules. In the event of expiry of the service, its renewal shall be subject to changes in the Terms and Conditions and after acceptance by the User.
The User providing publications in the Bookshelf is obliged to observe the terms and conditions of this Bookshelf, including in particular to deal with complaints of its customers, within the deadlines stipulated by law.
End-user hardware, network and software requirements for the ICT system used by the Service Provider:
A computer or mobile device with Internet access,
Access to email,
The User agrees to use the Website in accordance with the principles of good practice, only for lawful purposes and in a manner which does not infringe the personal rights and intellectual property rights of any third party.
The User is obliged to provide accurate and complete information to the Service Provider.
The User is prohibited from providing any unlawful or illegal content.
The Service Provider
reserves the right to remove content, while informing the User
thereof, in the event that the Service Provider has gained
knowledge, reasonable suspicion or appropriate official information,
that by placing in the Service specified information, the User has
violated, attempted to breach, circumvent or attempt to circumvent
the generally applicable law or the provisions of these Terms and
Conditions, in particular acted or attempted to act to the detriment
of third parties.
The service provider reserves the right to present FLIPBOOKS, KIOSK APPLICATION and BOOKSHELF services for clients in the scope of settlements and payment operations.
V. ETREPRENEUR USER ACCOUNT
In order to access the Electronic Services, the Entrepreneur User is obliged to Register an Account on the Service.
During the Registration process the User should provide an active email address and establish a password.
During the Registration process, the User establishes a password for access to the Service. The password should be confidential and, if accessed by a third party or unauthorized use of the email box by a third party or other breach of security, the Service shall be promptly informed about this fact. The Service is not liable in relation to the Recipients for unauthorized use of the Account by third parties.
A confirmation of the Registration of the Account is sent to the email address provided by the User.
User’s violation of the Terms and Conditions or the stipulated provisions, as well as the unlawful operation of the Recipient, will result in the possibility of deleting the Account without notice.
Within the Account, the Entrepreneur User is given the opportunity to manage their publications through the Panel.
VI. CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
Terminating an Electronic Services Agreement:
Continuing and indefinite-term Electronic Services Agreements (e.g. Account maintenance agreement) may be terminated.
The User may terminate the agreement with immediate effect and without giving any reason via the Account administration panel.
The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to the lack of payments resulting from the use of the Services available, as well as to the Users who provide illegal content.
The notice of termination leads to a cessation of legal relations with the effect for the future. The termination shall not exempt the User from the obligation to pay fees for the service provided until the agreement is effectively terminated.
An Electronic Services agreement may be terminated by the User and Service Provider at any time by mutual agreement of the parties.
Termination does not exempt the User from the obligation to pay fees due in connection with the use of the Service.
VII. COMPLAINTS PROCEDURE
Complaints procedure for the Electronic Services offered by the Service Provider::
Complaints related to the provision of Electronic Services through the Service should be submitted via email to: firstname.lastname@example.org
All claims should contain sufficient detail about the matter that is at issue. Specifically, claims should include information regarding circumstances, the nature of the claim, the date when the issue first arose as well as the issuer contact details. Providing all necessary data will speed up the claim-handling process.
All complaints shall be resolved promptly and in any event no later than within 14 days following the date of receipt.
A Service Provider’s response to the complaint shall be sent by email or other preferred method of contact indicated by the User.
VIII. INTELLECTUAL PROPERTY
The compilation of all content located at publuu.com, including the name of the service, its functionalities, graphical appearance, logos, graphic elements, layout and composition of these elements, trademarks, Software and database use copyright protection and (except for content posted by the Users, which are owned by them, i.e. any files published by them within the Kiosk and licence, transfer of copyright or fair use) are the exclusive property of MDN GROUP. The User bears full liability for the damage caused to the Service Provider resulting from the use of any content of the website publuu.com without the consent of the Service Provider.
Any use, without the express written consent of the Service Provider, of any element constituting the content of publuu.com constitutes a violation of the copyright of the Service Provider and results in civil and criminal liability.
Service Provider reserves the right to present the subject of the contract for promotional and advertising purposes of his own Company.
The personal information of Users entered into the Service are their property.
The Service Provider shall not disclose the Users’ personal information to third parties.
The Service Provider shall take all necessary measures to protect Users’ personal information.
The User shall make every effort to ensure that the content on the Website is complete, up-to-date, presented with accuracy and precision, taking into account the existing factual and legal circumstances, in compliance with all laws and regulations.
The Users are solely responsible for any breaches of the law or damages arising out of or resulting from their use of the Website, and in particular Users are solely liable for: submitting false information, disclosing classified data or any data protected by law, infringing personal rights or copyrights and related rights, processing Users’ personal information in violation of the personal data protection act or for processing such data for any purpose incompatible with the purposes for which it was obtained.
When it is reasonably possible, the Service Provider undertakes to warn the Users of any interruption in the functioning of the Service, and in particular of any access interruptions to publuu.com.
The Service Provider is not liable in relation to the Users:
for any damage or loss directly or indirectly (including damages for loss of profits from business, business interruption or loss of business information and other material damage) arising out of the use, inability to use or malfunction of the Service software, damages resulting from the shutdown or failure of the electronic system, the failure of the energy network,
in connection with the misuse of the Service by the non-Consumer User and the improper functioning of the computer hardware, computer software or communication system through which the User connects to the Service system,
for any damages resulting from errors, failures and interruptions in the operation of the Service, or due to improper recording or reading of data collected by the service Recipients,
for any disruptions in the proper functioning of the Service, as well as the loss of data of non-Consumer service Recipients arising from the action of force majeure or third parties,
for the actions of third parties consisting of the use of data and materials contained in the Service, which are inconsistent with the generally applicable laws or regulations,
for the inability to log on to the Service system caused in particular by: the quality of the connection, the failure of the electronic system or the energy grid, the misconfiguration of the software by non-Consumer Users,
for the consequences of losing the password.
X. SLA WARRANTY.
SLA level means an obligation on the Service Provider to ensure, during any period of the month, continuity of the service within the scope of the Terms and Conditions, without failure and it amounts to 98%
Failure is an irregularity in the provision of Services by the Service Provider resulting in a service interruption or a significant reduction in quality (by more than 60 consecutive minutes, excluding scheduled service work). Failure within the meaning of this SLA warranty means inability to use the main features of the service, which includes: website display, DNS support, receiving and sending emails and database processing.
The SLA covers the following range:
Technical performance of the server on the service level: DNS, Web server, database and email.
Technical efficiency of the User’s Account, insofar as it has been made available, to the extent associated with the basic operation of the Services.
In particular, the SLA does not cover events and results related to:
Depletion of the available disk space on any partition, the use of which depends on the service recipient,
Problems with the operation of the site resulting from the action of scripts on the site, or its modification (also by viruses, hackers, etc.),
Problems associated with using the Services to handle disproportionate traffic,
Spambot’s actions, anti-spam and anti-virus software functioning,
Service lock for the reasons specified in the Terms and Conditions,
During maintenance window, Service Provider has the right to make work on servers, which may result in short-term unavailability of Services. Where technically feasible, if the nature of the work allows for their prior planning, the Service Provider shall inform the intervals in advance of not less than 24 hours.
Operation of the User’s Account for settings not related to the main functions of the server.
Force majeure is an event independent of the User or Service Provider, external, unforeseeable and unpreventable, in particular: wars, natural disasters, strikes and acts issued by public authorities.
The SLA does not cover any interruption of the Services that are related to system maintenance or other planned operations that the Service Provider informs at least 24 hours in advance.
XI. FINAL PROVISIONS.
Agreements concluded through the Service are construed in accordance with the laws of Poland.
No changes to these Terms and Conditions shall be binding on the User unless the User was duly notified about such changes and did not terminate the electronic services agreement within 14 days of receiving notice of such changes.
In the event of non-compliance with any part of the Terms and Conditions with applicable law, the relevant provisions of Polish law apply in place of the disputed provision of regulations
Any disputes arising between the Service Provider and the Entrepreneur User shall be resolved in the first instance through amicable negotiation between the parties. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction, competent for the Service Provider’s premises.