1.1 These Terms of Service (“Terms of Service”) govern the use of all i-Magazine AG websites and all contents, services, and applications provided by i-Magazine AG (“i-mag”), the publisher (“Publisher”) and the reader (“Reader”). A Publisher is any one person that publishes contents on Yumpu; a Reader is any one person that reads the contents on Yumpu.
1.2 If the Publisher / Reader is a private individual, he/she certifies that he/she is at least 18 years of age. i-mag does not enter into contracts with individuals under 18 years of age.
1.3 These Terms of Service serve as base for all offers, deliveries and services, and apply to all transactions made at a later date. Other terms and conditions apply only if they are in accordance to i-mag’s Terms of Service, or if their use as base for a particular contract or service is explicitly stated in writing.
2.1 All content (text, graphics, images, layouts, etc) published on this site are subject to copyright. Publishers are responsible for their content and they must ensure that they have all the rights and permissions needed to use that content in connection with the services. i-mag is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to published content. i-mag does not assume liability for the contents of external links. The operators of the linked pages are solely responsible for their own content.
2.2 Generally, all content is accessible by anyone at no cost. Nevertheless, i-mag reserves the right to request the Publisher’s / Reader’s registration to grant access to certain contents. In that case, the Publisher / Reader is solely responsible to maintain the confidentiality of account information, password and computer access. The Publisher / Reader agrees to notify i-mag of any breach of security (loss, theft, unauthorized use or access). i-mag reserves the right to terminate the access for this Publisher / Reader.
2.3 i-mag may change, limit, extend, or discontinue any aspects of the site or services at any time.
3.1 The website contents provided by i-mag – with the exception of materials published by the Publisher (pamphlets and catalogues) – remain the sole intellectual property of i-mag.
3.2 This relates in particular to the design, interfaces, graphics, information, computer codes, used trademarks and names.
4.2 i-mag, at its sole discretion, may investigate any suspicion of misuse of the site or services or material breach of these Terms of Service; may take appropriate measures; and if there are reasonable grounds for suspicion, may suspend the Publisher’s / Reader’s account access. In case of serious breach, i-mag may terminate the Publisher / Reader agreement without notice of termination.
4.3 The Publisher / Reader shall compensate i-mag for any damage resulting from his/her breach of duty. The extent of the Publisher / Reader’s liability shall be limited to the Publisher’s / Reader’s responsibility in accordance with these provisions.
4.4 The Publisher may remove published contents at any time.
4.5 The payment of applicable taxes, fees and costs are the responsibility of the Publisher.
4.6 The Publisher agrees that all correspondence with i-mag is done via email.
6.1 Publisher may publish their contents by converting PDF files to e-Papers.
6.2 All information on this website is provided by i-mag without guarantee of accuracy, completeness, or topicality.
6.3 The Publisher agrees in regards to an e-Paper that the Reader may view, copy, print, or share it in accordance to following provisions:
6.3.1 The Reader shall respect the copyright of the Publisher or the lawful copyright holder.
6.3.2 Use for commercial purposes is prohibited.
6.3.3 Any copy of a document or parts of a document shall embody these copyright provisions.
7.1 i-mag conducts its Services with utmost care.
7.2 i-mag shall not be liable for copyright infringements.
7.3 i-mag makes no warranty to meet the Publisher’s expectations, especially not in terms of gaining profitable success through the use of the database or services.
7.4 i-mag explicitly denies any responsibility for the contents published by the Publisher, or damages which might occur thereof. Further, i-mag denies any responsibility for the accuracy, completeness, reliability, or topicality of the published content. The Publisher guarantees to have researched any content with care and in regards to copyright compliance.
7.5 i-mag does not guarantee the publication and the availability of any contents online. i-mag attempts to make its services available at all times. However, the Publisher / Reader has no right to claim the permanent availability of i-mag’s services or a service without interference.
7.6 Where a disclaimer does not apply, i-mag shall only be liable for intentional acts or gross negligence. The liability for consequential damages, loss of profit, loss of data, and financial losses shall be excluded completely.
7.7 Product and company names are trademarks of the respective owner and solely serve informational purposes. All publications are subject to technical malfunctioning, inaccuracy, grammatical, and spelling errors.
7.8 i-mag assumes no responsibility for third party websites linked to its site or services; liable are their respective owners. Since i-mag may be accessed via third party links without i-mag’s knowledge thereof, the inclusion of images, contents, or any linked website on the site or for the services does not imply approval or endorsement of the linked website. i-mag will assume sole responsibility for third party content only, if i-mag becomes aware of its existence (also in case of infringing and unlawful content), and if the removal thereof, is possible and reasonable, in order to prevent further use. However, i-mag is not obliged to screen third party content.
8.1 Due to the ever changing content in forums, i-mag cannot guarantee to review all posts, screen their contents, or take active control thereof. i-mag assumes no responsibility for the content, accuracy, and form of any such posts.
9.1 The Publisher / Reader agrees to use the services provided by i-mag as well as pamphlets and catalogues published on its websites according these Terms of Service and to refrain from activities including, but not limited to:
9.1.1 Use of i-mag products for purposes other than stated in these Terms of Service;
9.1.2 Removal markings of copyright or other rights;
9.1.3 Insulting, defamatory, or denouncing behavior towards other Publishers / Readers or the misuse of i-mag’s services in any other manner;
9.1.4 Changing, hiding, or blocking any published pamphlets and catalogues, especially the removal or manipulation of advertisements and links;
9.1.5 Sale, licensing, offering subscription to or any other commercial use of published pamphlets and catalogues.
10.1 The Publisher has to go through the full registration process in order to have access to the portal. The Reader only has to register in order to participate in a forum of the website.
10.2.1 to refrain from the usage of any offensive, unlawful, pornographic, or vulgar language in their communication;
10.2.2 to assume sole responsibility for all posted materials and text, to maintain third party rights (especially, trademark laws, copyright laws and personal rights), and to indemnify and hold harmless i-mag from and against any third party claim;
10.2.3 to refrain from using forums or comments for unsolicited marketing correspondence or commercial activity of any kind. This applies to any link to a personal or third party website (“links”) or the publication of toll free numbers for any purpose.
10.3 The Publisher / Reader is not entitled to claim the publication of his/her submitted comments or posts. i-mag may, at its sole discretion, edit or delete comments or posts. In case of violation, i-mag reserves the right to temporary suspend or permanently delete the Publisher / Reader account.
11.1 In order to publish a post or article, including PDF files (magazines …), the Publisher / Reader shall enter his/her full and correct legal first and last name in the Publisher / Reader profile. This name serves as the publishing name of the submitted materials. For any post, article, or e-paper, the Publisher will issue the following statement:
11.1.1 If presented with user specific data by a customer, i-mag is not responsible to seek the user’s consent for the use of that data; this is the responsibility of the customer. i-mag reserves the right to request proof of individual user consent, and may reject to use these addresses. The customer is not entitled to use generated user data without the User’s consent.
11.1.2 The registered Publisher grants i-mag the unrestricted use of submitted materials for their publication in portals.
11.1.3 The Publisher is not entitled to claim the storage, publication, or retention of submitted materials. i-mag, at its sole discretion and without justification, may choose not to publish submitted materials, to edit materials before publication, or to delete them after publication.
11.1.4 All published posts, articles, and e-papers may be deleted due to third party request after being reviewed by i-mag. In order to report any breaching contents, i-mag shall provide the button “report misuse” which then can be used by the Reader. If i-mag determines reasonable grounds for the removal of the reported materials, their removal takes place within 7 days after use of that button.
11.1.5 For damages to the reporter of misuse arising by the delay of the content’s removal, i-mag shall be held liable only for damages that were caused deliberately or by willful negligence, but not if resulting from a breach of duty by the Publisher. In this context, i-mag points out explicitly, that all sites are subject to the regular indexation by search engines, and that i-mag has no control over the possible storage of these materials on data banks of search engines and web catalogues, even after their removal from the site.
11.1.6 The submission and publication of materials does not entitle the Publisher / Reader to claim any compensation (professional fees, royalties, reimbursement, or similar payments) from i-mag.
11.1.7 The disclosure of any personal or business data by the Publisher in order to use certain services offered on the site occurs solely on voluntary basis.
12.1 With the Publisher / Reader’s consent (by signing up for Yumpu.com), i-mag generates email addresses for advertising purposes and other reasons agreed upon. The exclusive use of an email address will be agreed upon individually, otherwise, i-mag may provide several customers with this user specific data.
12.2 If presented with an email address by a customer, i-mag is not responsible to seek the user’s consent for the use of that data; this is the responsibility of the customer. i-mag reserves the right to request proof of consent of the user of the email address and may reject to use it if the consent was denied. The customer is not entitled to use generated user specific data without the user’s consent.
12.3 i-mag may add test addresses to the generated email addresses. According to these Terms of Service, in cases of misuse of at least one data set, the customer shall pay a penalty in the amount of five times the contract value for breaching the agreement or of double the expenditure for generating the addresses. Notwithstanding that, i-mag may claim an amount exceeding these figures.
12.4 Communication regarding the service: i-mag uses email as communication channel to communicate with Yumpu.com users regarding the service (changes, replies to support requests, recommendations, new features etc.).
12.5 Communication for marketing purposes: i-mag communicates with Yumpu.com users for marketing and promotional purposes. Users receive information about similar products, offers and other content – via the communication channel email. By upgrading to a paid membership, users can choose to unsubscribe from our newsletters. Yumpu FREE users cannot unsubscribe from our newsletters.
13.1 On the platform www.yumpu.com, Publishers may purchase i-mag’s four service packages (software subscription model 1 – 4). Packages 2 – 4 are payable products and build on the respective previous packages. All prices are listed in Euro excluding VAT and are valid until listed differently. i-mag reserves the right to perform price adjustments at any time. The base package Yumpu FREE is free of cost.
13.2 i-mag reserves the right to reject any request for service without justification thereof.
13.3 Product overview:
13.4 Package 1: Yumpu Free: Users can use the SaaS solution for free. Yumpu Free offers a simple solution to convert PDF to e-Paper with the option of a page-turning magazine on the website. The full screen view of the flash magazines contains a link to Yumpu.com. Offers optimized linkage of magazines to social media platforms. Besides publishing, users have the possibility to read other magazines for free. The self-published magazines as well as the other magazines may contain advertising.
13.5 Package 2: Yumpu adFREE (free of advertisement): builds on Yumpu FREE, without advertisement; no other magazines advertized in full screen view; automatic redirect to full screen view. Cost: € 19.95 for 30 days for monthly payment. Billed annually, the cost decreases to € 14.95 for 30 days. If billed annually (package Yumpu adFREE 360), costs for 12 months are deducted from the deposited payment method right after the end of the trial period.
13.6 Package 3: Yumpu WEBKiosk: Next to Yumpu adFREE the Publisher receives the option to create a kiosk for his/her magazines. If desired, the Publisher receives a unique logo, colors, links and a domain name. Each package allows the creation of up to five WEBKiosks. Cost per package: € 79.00 for 30 days without domain name, € 89.00 for 30 days with domain name. Optionally, additional packages may be purchased for an additional € 79.00 for 30 days.
13.7 Package 4: Yumpu APPKiosk: Next to Yumpu WEBKiosk the Publisher receives an iOS Kiosk APP for iPad, iPad mini, iPhone, and iPod touch (at least iOS version 4.3 required). The package includes the registration of an Apple Developer Account and the registration of the APP with Apple. Any existing Apple Developer Account can also be used (no refund). Download traffic for magazines are limited to 150GB per month. This equals about 15,000 downloads per 30 days at a magazine size of 10MB. The following main functions are available: Saving and offering magazines via the APP, Hyperlinks, full-text search, sidebar and chapter overview, double-page view, audio and video objects, image galleries, webview objects and kiosk shelves. Cost: € 178.00 for 30 days without domain name, € 188.00 with domain name for 30 days. Optionally, additional APP kiosks may be linked to existing Yumpu WEBKiosks for an additional € 99.00 for 30 days.
13.8 Only the main product Yumpu FREE is free of charge, all upgrades are subjects to the listed fees!
13.9 On an individual basis, i-mag offers customized solutions in addition to its regular software packages.
13.10 Payment methods: the payment for any software package is only possible using a valid credit card, PayPal or SEPA Direct Debit (for customers located in SEPA countries). If the payment method provided is invalid for any reason, i-mag will invoice the buyer accordingly; in this case an additional fee of € 10.00 is applicable.
13.11 Billing cycle: The billing cycle covers 30 or 360 days without exception.
13.12 Trial period: A free trial version is available for the package Yumpu adFREE 360. During the trial period you may cancel at any time. Your payment method on file will be charged for the agreed amount at the end of the free trial, unless you have cancelled before the end of the free trial. Note: There is no trial version available for package Yumpu adFREE 30, 3, 4 and 5; therefore, payment is due upon the activation of the package. Upgrades from Yumpu FREE to Yumpu adFREE 360 are subject to a free trial period. Upgrades from Yumpu FREE or Yumpu adFREE to Yumpu WEBKiosk, to Yumpu APPKIOSK or to Yumpu PROKIOSK are not subject to a trial period.
13.13 Duration: Contracts (subscriptions) are concluded for an indefinite period and may be terminated by either party without notice at any time regardless of reason termination. In this case the subscription remains valid only until the end of the billing cycle.
13.14 Upgrades: Upgrades to any package can be made at anytime. Note: An upgrade does not entitle to any refund or considerations based on the payments already made. Example: Upgrade from Yumpu adFREE auf Yumpu WEBKiosk: No consideration of payment or refund of the payment already made (€ 19.95). At the moment of activation of the upgrade the respective amount – in this example of € 79.00 or 89.00 – will be charged.
13.15 Cancelation: The customer may cancel his paid Yumpu subscription at any time by terminating the subscription online in the account settings. After having successfully submitted the cancelation, the customer gets a double-opt-out email on the very same day. Once the confirmation link within the email has been clicked, the cancelation is legally binding.
If a customer cancels his paid subscription after the trial period, the amounts for the current billing period and the previous billing periods will not be refunded.
13.16 Embedded Code: Under no circumstances shall the Publisher / Reader manipulate embedded code and/or remove backlinks (monitored by i-mag regularly). Note: the product Yumpu FREE is only free of charge with backlinks. In case of removal or manipulation thereof, the product will become subject to a charge (€ 19.95).
13.18 Request for overpayment debit: Overpayments by the publisher must be requested in writing via email within 30 days, otherwise the claim for repayment expires. For this repayment, we use the same means of payment that was used in the original transaction, unless expressly agreed to otherwise.
14.3 The Publisher acknowledges that Apple has the right to accept or refuse the registration of an APP.
14.4 The Publisher has no legal entitlement for the approval of his/her APP.
15.1 The place of fulfillment and jurisdiction is CH-Diepoldsau; these Terms of Services will be governed by the Swiss law.
This document was last updated on March 11, 2013