The following Terms and Conditions (hereinafter “T&C”) of i-magazine AG (hereinafter “i-mag”) apply to any persons using YUMPU News Starter or YUMPU News Family (hereinafter “Readers”).
With YUMPU News Starter and YUMPU News Family, i-mag provides Readers with various media, particularly magazines and newspapers, in a digital format, for a fixed monthly usage fee (flat rate). Readers have unlimited online access to the magazines and newspapers or may download them for offline reading. The number of devices used to access the service is also unlimited. YUMPU News Starter and YUMPU News Family are made available to Readers in a web version via the i-mag website at www.yumpu.com/news (hereinafter “Website”) and via a free app (hereinafter “App”).
Any persons publishing magazines and newspapers for reading and download on the Website or App as publishers, editors, or media proprietors (hereinafter “Publishers”) enter into a separate agreement with i-mag.
Start of contract, trial period, and term
To use YUMPU News Starter or YUMPU News Family, the Reader must provide his/her email address on the website and accept the T&C, i.e. register. Upon registration, the Reader will receive an email from i-mag with a link to confirm his/her registration. The contract between the Reader and i-mag will start as soon as the Reader has activated the confirmation link. If the Reader does not activate the link, his/her account will be deleted after some time.
Following registration, the Reader may use YUMPU News Starter or YUMPU News Family for free for the duration of a trial period as stated on the website. Shortly before the end of the free trial period, the Reader will receive an email informing him/her that the trial period is about to end. If the Reader wishes to continue to use YUMPU News Starter or YUMPU News Family for a fee after the end of the trial period, he/she must take out a subscription for YUMPU News Starter or YUMPU News Family and provide a password and payment details on the website. The Reader may also already take out a subscription for YUMPU News Starter or YUMPU News Family and submit his/her payment details when registering. However, the usage fee will only be due and debited after the end of the free trial period. After the end of the free trial period, YUMPU News Starter or YUMPU News Family can only be used if the Reader has taken out a subscription for YUMPU News Starter or YUMPU News Family and provided a password and his/her payment details and has paid the usage fee.
Each subscription to YUMPU News Starter or YUMPU News Family will be valid for 30 days (hereinafter “Subscription Period”). Unless cancelled, any subscription will automatically renew for a further Subscription Period.
Subscriptions, prices, and payment
The scope and prices of the subscriptions to YUMPU News Starter and YUMPU News Family will be published on the Website and in the App. Readers will be notified no less than 30 days in advance of any changes to the scope and prices.
The Reader may change his/her subscription from YUMPU News Starter to YUMPU News Family at any time (hereinafter “Upgrade”). In the event of an Upgrade, the new scope of services and the new price of YUMPU News Family will apply immediately. The higher usage fee will be debited to the Reader immediately and in its full amount, i.e. for the entire current Subscription Period. However, the usage fee for YUMPU News Starter already paid for the current Subscription Period will be credited to the Reader.
The Reader may change his/her subscription from YUMPU News Family to YUMPU News Starter (hereinafter “Downgrade”) with effect from the start of the next Subscription Period. In the event of a Downgrade, the new scope of services and the new price of YUMPU News Starter will apply from the start of the next Subscription Period.
Following the end of the free trial period, each monthly usage fee shall be due in advance and will be automatically debited to the Reader.
Payment for the subscription can only be made by the methods of payment stated on the Website. If for whatever reason the usage fee is not paid, i-mag reserves the right to block the Reader. If payment is not made, the contract shall be deemed terminated with immediate effect until payment is made.
Special - With the purchase of a subscription, i-mag can offer Readers time-limited access to an additional category of magazines, journals and newspapers. This is called Special and currently only available with German titles. The publications in this category may vary in their duration of access. The promotional period starts with the first click on a publication from the Special category and is also the starting point for access to read these publications. If a publication from this category is activated by a profile on the Reader account, the activation and the access period for this publication applies to all profiles in the Reader account. After the time-limited access for this publication is completed, Special is no longer included in the subscription.
Promotional offers - i-mag may present special promotional offers and subscriptions that could affect the duration of the free trial period and the applied usage fee from time to time. Eligibility for an offer is determined by i-mag in its sole discretion and it reserves the right to revoke an offer if it determines that the Reader is not eligible. i-mag may use criteria such as the Reader's country, origin, payment method or subscription status to determine eligibility for an offer.
Exclusion of the right of withdrawal
i-mag is obliged to inform the Reader about their right of withdrawal. In the case of the purchase of digital content, the withdrawal period begins with the cessation of the contract and lasts for 7 working days. However, in order that the digital content cannot simply be used and then cancelled as often as desired, a special rule applies to streaming and downloading. The right to withdraw expires as soon as i-mag has begun to fulfil the contract – this means as soon as the Reader can access the content of the service (for example, publications). By purchasing the subscription, the Reader expressly agrees that i-mag will start executing the contract before the expiry of the withdrawal period and thus the right of withdrawal expires with the first login of the Reader in the Reader account via the web or via the app.
Gift vouchers are valid for 36 months from the date of purchase. The validity period of a gift voucher shall only begin at the time of activation, not at the time of purchase. Following the end of the redemption period, the subscription will renew automatically. In order to redeem his/her gift voucher, the Reader must provide his/her payment details and take out a subscription.
In case of an already active YUMPU News subscription, gift vouchers can only be redeemed if no payment details have been provided during the free trial period and if the account was created on the web at www.yumpu.com/news.
The risk of loss and the property right shall be transferred to the buyer or the recipient named by the buyer from the time of purchase of the gift voucher. i-mag shall not be responsible for delivering the gift voucher to the buyer or the recipient named by the buyer, inter alia if the email address supplied is invalid or if the gift voucher could not be transmitted for technical reasons such as filters of any kind, insufficient storage capacity in an email account or an email address having been changed or deleted. i-mag shall not be responsible for any loss of any kind of a gift voucher.
General conditions of use
The Reader undertakes to use the Website and App and/or YUMPU News Starter or YUMPU News Family in accordance with this contract and the law.
By registering, the Reader confirms being over 18 years old.
Readers may make their login details (email address and password) available for free to no more than 4 other persons, who will also have unlimited access to YUMPU News Starter or YUMPU News Family (hereinafter “Co-Readers”). The Reader shall be responsible and held liable for not allowing Co-Readers under the age of 18 access to content on YUMPU News Starter or YUMPU News that is not suitable or permitted for them.
The Reader shall be solely responsible for keeping his/her login details and access to his/her computer, tablet, or smartphone confidential. In case of a suspected breach of security (loss, theft, or unauthorised transfer of use), the Reader must notify i-mag immediately. The password must be changed as soon as possible. In this case, i-mag shall be entitled to bar the Reader from using its service.
In case of a suspected non-contractual or unlawful use, i-mag reserves the right to investigate such suspected misuse, to take appropriate measures and, in case of a justified suspicion, to temporarily block the use of YUMPU News Starter or YUMPU News Family. i-mag shall contact the Reader to resolve such suspected misuse. If suspected misuse cannot be ruled out at the sole discretion of i-mag, i-mag shall be entitled to cancel the contractual relationship without notice and with immediate effect. In case of serious breaches, i-mag may cancel the contractual relationship without notice and with immediate effect without contacting the Reader. In all cases, the price debited for the entire relevant Subscription Period will not be refunded.
All notifications from i-mag to the Reader will be made electronically, and the Reader expressly consents to this.
Amendments to the T&C
i-mag reserves the right to amend the T&C from time to time. i-mag shall inform the Reader before any new T&C take effect. Express acceptance of any amended T&C shall not be necessary. At any time, the effective version shall be the current version available on the Website and in the App.
The content provided via YUMPU News Starter or YUMPU News Family includes texts, graphics, images, logos, layouts, illustrations, etc. (hereinafter “Content”) in which third parties (e.g., authors, artists, photographers, or publishers) hold appropriately protected intellectual property rights and other rights (e.g., copyright, trademark, design, name, company rights, and domains).
All rights in the Website and the App, including any programs, are owned by i-mag. i-mag shall retain such ownership even if relevant software has been installed on the Reader’s device.
Where the intended use of YUMPU News Starter or YUMPU News Family via the Website and App presupposes rights of use in the rights of i-mag or any third parties, the Reader shall have a non-exclusive, non-transferable licence for their use for the relevant Subscription Period and limited to the extent required.
Unless otherwise provided by law or this contract, the Reader is forbidden to copy, record, duplicate, disseminate, transmit, change, broadcast, perform, or publish any Content without the prior express written consent of the right-holder. In case of infringement, i-mag reserves the right to claim damages and take legal action.
The use of Content by the Reader and the transfer of use to Co-Readers for commercial purposes is not permitted.
The Reader undertakes to respect all rights held by i-mag and third parties and not to cover, alter, or remove any notices identifying Content as the property of another.
The Reader gives i-mag permission to send newsletters to the email address provided by him/her. This shall also apply to the email addresses of any Co-Readers registered by the Reader on the Website or in the App.
The Reader agrees to i-mag sharing email addresses with group companies, so that these may also send newsletters to the Reader and Co-Readers.
The consent to the use of email addresses for sending newsletters can be withdrawn on the Website.
Guarantee and liability
i-mag is responsible for the Website and App. i-mag shall take the greatest possible care in operating the Website and App. However, i-mag accepts no liability for the availability of the Website and App. i-mag shall make every effort to keep the Website and the App accessible at all times. However, the Reader shall have no claim to their permanent availability and smooth operation. Downtime for maintenance, software updates, and for reasons outside the control of i-mag (such as third-party technical problems, force majeure) as a result of which the services provided are not accessible via the internet cannot be ruled out, and i-mag shall therefore not be held responsible for such downtime. i-mag shall not be liable for any misuse of the internet and any damage to the Reader by third parties arising therefrom, for any security defects, any interference with telecommunications networks and the internet by third parties, and any service interruptions and faults of the Website and App.
To the extent permitted by law, i-mag shall not be held liable. This shall apply, in particular, to consequential damages, loss of profit, loss of data, or damage to property.
Responsibility for Content rests with the relevant publisher. i-mag shall not be obliged to check Content, in particular its correctness, completeness, reliability, up-to-dateness, and usability. i-mag also accepts no liability for the content of external links in published newspapers and magazines. Their content is the sole responsibility of the operator of the relevant website.
The Reader undertakes to use the Website and App and/or YUMPU News Starter or YUMPU News Family in accordance with this contract and the law. The Reader shall be liable vis-à-vis i-mag and shall hold i-mag fully harmless against any infringements of this contract or the law. The Reader shall also be liable for the use of the Website and App and/or of YUMPU News Starter or YUMPU News Family by Co-Readers in accordance with this contract and the law. Furthermore, the Reader shall be personally liable vis-à-vis third parties (e.g., owners of intellectual property rights). If i-mag faces any claims by third parties on the grounds of an alleged infringement of the rights of third parties, the Reader shall hold i-mag fully harmless against any costs or activities arising (damages, including reasonable legal costs). In addition, i-mag disclaims any liability vis-à-vis the Reader in case of any intellectual property disputes with third parties.
Both the Reader and i-mag may cancel a subscription with effect from the end of the relevant Subscription Period. The Reader shall have the opportunity to cancel his/her fee-based subscription in three ways:
Cancellation using the Cancel button: The Reader can cancel his/her subscription at any time with effect from the end of the Subscription Period by clicking on the Cancel button in his/her account.
Cancellation by email: The email must be sent 7 days before the end of the Subscription Period and from the email address provided in the relevant Reader account. Confirm cancellation by email.
If the cancellation notice is sent late (less than 7 days before the end of the Subscription Period), the cancellation shall only take effect at the end of the following Subscription Period.
i-mag reserves the right to extraordinary cancellation on the grounds of serious infringements of this contract or the law by the Reader.
For security reasons, the data of the newly created profile is stored on different, encrypted servers. As this process can take up to 24 hours, we ask for your understanding that a cancellation of the subscription is only possible after these 24 hours has passed by.
Applicable law and place of jurisdiction
The contractual relationship and any disputes arising from or in connection with the contractual relationship between the Reader and i-mag shall be subject to Swiss law (excluding any applicable international treaties).
The place of fulfilment and of jurisdiction shall be the place of i-mag’s registered office.