The following General Terms & Conditions (hereinafter “GTC“) of i-magazine AG (hereinafter “i-mag“) shall apply to all parties who use YumpuNews Starter or YumpuNews Family (hereinafter “Reader[s]“).
With YumpuNews Starter and YumpuNews Family, i-mag shall provide Readers, for a monthly flat rate, with a large choice of media in digital form, including but not limited to magazines and newspapers. Readers shall have unlimited online access to the magazines and newspapers, or may download these for offline reading. Also, no limit is placed on the number of terminals used. Web versions of YumpuNews Starter and YumpuNews Family shall be available to Readers via the i-mag website at www.yumpu.com/news/ (hereinafter “Website“) as well as via a free app (hereinafter “App“).
All parties who as publishers, editors or media owners publish magazines and newspapers on the Website or App to read or download (hereinafter “Publishers“), shall conclude a separate agreement with i-mag.
Start of contract, trial period & contract term
To use YumpuNews Starter or YumpuNews Family, the Reader shall sign up on the Website with his email address, and accept the GTC, i.e. register. After registration, the Reader shall receive an email from i-mag with a link asking the latter to confirm registration. The contract between the Reader and i-mag commences as soon as the former has activated the confirmation link. If the Reader fails to activate the link, after a period his account shall be deleted.
After registration, the Reader may use YumpuNews Starter or YumpuNews Family free of charge during a trial period indicated on the Website. Shortly before the end of the free trial period, the Reader shall be prompted by email that the trial period is soon to expire. If the Reader wishes to continue using YumpuNews Starter or YumpuNews Family at a fee after the free trial period, he may subscribe to YumpuNews Starter or YumpuNews Family by submitting a password and his payment details on the Website. If he so wishes, the Reader may immediately subscribe to YumpuNews Starter or YumpuNews Family when registering for the free trial period by submitting his payment details on the Website. The subscription fee shall not, however, be charged until the free trial period is over. Upon termination of the free trial run, YumpuNews Starter or YumpuNews Family shall no longer be available unless the Reader has subscribed to YumpuNews Starter or YumpuNews Family by submitting a password and his payment details and paying the subscription fee.
A subscription to YumpuNews Starter or YumpuNews Family shall last for thirty days respectively (hereinafter “Subscription Period”). Unless the subscription is cancelled, the Subscription Period shall in each case be automatically extended for a further term.
Subscriptions, prices & payment
The scope and prices of the YumpuNews Starter and YumpuNews Family subscriptions shall be published on the Website and App. Readers shall be informed at least 30 days in advance of any changes in the scope and prices.
The Reader may upgrade his subscription from YumpuNews Starter to YumpuNews Family at any time (hereinafter “Upgrade”). With an Upgrade, the new scope of services and new price of YumpuNews Family shall apply with immediate effect. The Reader shall be charged the higher subscription fee immediately and in full, i.e. for the whole current Subscription Period. The Reader’s already paid subscription fee for the current Subscription Period of YumpuNews Starter shall, however, be deducted.
The Reader may, from the start of the coming Subscription Period, downgrade his subscription from YumpuNews Family to YumpuNews Starter (hereinafter “Downgrade”). With a Downgrade, the new scope of services and new price of YumpuNews Starter shall apply from the start of the coming Subscription Period.
Upon termination of the free trial period, the monthly subscription fee shall be due in each case in advance, and automatically be charged to the Reader.
Payment of the subscription fee is only possible using the payment methods indicated on the Website. If for whatever reason the subscription fee is not paid, i-mag shall reserve the right to block the Reader. If the fee will not be settled, the contract shall be terminated with immediate effect until the fee has been remitted.
Gift certificates are valid for 36 months as of the date of purchase. The validity period of a gift certificate starts as of the time of activation only, not as of the time of purchase. After the end of the redeemed period, the subscription is renewed automatically. The reader has to provide their payment details and take out a subscription to redeem the gift certificate.
If the reader already has an active YumpuNews subscription, gift certificates may only be redeemed if no payment details have been provided during the free test period and if the account was created online at www.yumpu.com/news.
The risk of loss and title are transferred to the buyer or the recipient indicated by the buyer as of purchase of the gift certificate. i-mag is not responsible for delivering the gift certificate to the buyer or the indicated recipient if the indicated e-mail address is invalid or if the gift certificate could not be delivered for technical reasons due to filters of any kind, insufficient storage in an e-mail account or a changed or deleted e-mail address, among others. i-mag is not responsible for loss of a gift certificate of any kind.
General terms & conditions
The Reader undertakes to utilise the Website and App, or YumpuNews Starter or YumpuNews Family, in accordance with legal and contractual requirements.
Upon registration, the Reader shall confirm that he is at least eighteen years of age.
Readers may submit their access data (email address and password) to a maximum of four persons, who are also given unlimited access, free of charge, to YumpuNews Starter or YumpuNews Family (hereinafter “Co-Readers”). The Reader shall be responsible for ensuring that Co-Readers who are not yet eighteen years of age do not gain access to YumpuNews Starter or YumpuNews Family content which is unsuitable for, or forbidden to, the latter.
The Reader shall hold sole responsibility for keeping his access data confidential and for access to his computer, tablet computer and smartphone. If he suspects that access is no longer safe (due to loss, theft, or forbidden transfer of use), the Reader shall promptly inform i-mag. The password is to be altered as quickly as possible. In this case, i-mag shall reserve the right to block the Reader from using the service.
i-mag shall reserve the right, upon suspicion of breach of legal and contractual requirements, to pursue the matter, take corresponding steps, and, if suspicion is justified, temporarily block the use of YumpuNews Starter or YumpuNews Family. i-mag shall contact the Reader to investigate the case. Should i-mag, at its sole discretion, not be able to refute such suspicion, the latter shall reserve the right to cancel the contract immediately without notice. In case of serious misconduct, i-mag may immediately cancel the contract without notice and without contacting the Reader. In all cases, the charged fee for the complete corresponding Subscription Period shall not be refunded.
All i-mag notifications shall occur by electronic means in accordance with the explicit consent of the Reader.
i-mag shall reserve the right to regularly update the GTC. The Reader shall be informed before the new GTC come into force. The express acceptance of updated GTC is not required. The respective current valid version available on the Website and App shall apply.
Ownership & intellectual property
The content provided via YumpuNews Starter or YumpuNews Family contains texts, graphics, images, logos, layouts, illustrations, etc. (hereinafter “Content”), of which third parties (e.g. authors, artists, photographers or publishers) shall own correspondingly protected intellectual property rights and sundry rights (e.g. copyrights, trademark, design, name and company rights as well as domains).
i-mag is entitled to all rights to the Website and App, including programs. i-mag shall maintain these property rights, even if corresponding software has been installed on the Reader’s terminal.
Should the intended use of YumpuNews Starter or YumpuNews Family via the Website and App be subject to the rights of use of i-mag or third parties, these shall be issued to the Reader in non-exclusive and non-transferable form and in the required amount for the corresponding Subscription Period only.
Unless otherwise prescribed by law or contract, the Reader shall be prohibited from copying, recording, reproducing, disseminating, transferring, altering, screening, staging or publishing Content without the explicit previous written consent of the right holder. In case of misconduct, i-mag shall reserve the right to claim damages and initiate legal proceedings.
The use of Content by the Reader, and a transfer of use of Content to Co-Readers for commercial purposes shall be excluded.
The Reader undertakes to uphold all rights pertaining to i-mag and third parties, and shall refrain from hiding, altering or removing any indications of protected intellectual property attached to the Content.
The Reader shall allow i-mag to deliver the newsletter to the email address he has submitted. This also applies to the email addresses of Co-Readers which the Reader has added to the Website or App.
The Reader shall agree to the transfer of email addresses to affiliated companies by i-mag so that the latter are also able to deliver newsletters to the Reader or Co-Readers.
The consent to use email addresses for the delivery of newsletters may be withdrawn on the Website.
Warranty & liability
i-mag is responsible for the Website and App. The former manages the Website and App with the utmost of care. However, i-mag shall assume no responsibility for the availability of the Website and App. i-mag shall endeavour to always maintain the availability of both Website and App. However, the Reader has no claim to continuous availability and trouble-free operation. Downtime due to maintenance, software updates, or factors which are outside of i-mag’s sphere of influence such as third-party technical issues or acts of God which result in the offered services not being available via the Internet cannot be ruled out, and are therefore not the responsibility of i-mag. i-mag shall not assume responsibility for Internet fraud and the consequent damage to the Reader via third parties, for inadequate security and digital network disturbances through third parties and the Internet, or for Website and App service interruptions.
i-mag shall not be liable, insofar as this is permissible by law. This includes without limitation consequential damages, lost profits, data loss and pecuniary loss.
The respective Publisher shall be responsible for Content. i-mag is not obliged to inspect Content, in particular as to whether it is correct, complete, reliable, up-to-date and suitable. i-mag is, furthermore, not liable for the content of external links in published newspapers and magazines. The operators of the respective website shall bear sole responsibility for the content of the latter.
The Reader undertakes to utilise the Website and App, or YumpuNews Starter or YumpuNews Family, in accordance with legal and contractual requirements. The Reader shall be liable towards i-mag, and in case of breach of contract or legislation shall hold us fully harmless. The Reader shall also be responsible for the legal and contractual use of the Website and App, or for YumpuNews Starter or YumpuNews Family, by Co-Readers. Furthermore, the Reader shall be personally liable towards third parties (e.g. owners of intellectual property rights). Should i-mag, due to the Reader’s alleged infringement of the rights of a third party, be confronted with claims by such third party, the Reader shall hold i-mag fully harmless from all resulting costs and inconvenience (compensation, including reasonable attorneys’ fees). Furthermore, i-mag shall not be liable towards the Reader for any disputes with third parties over intellectual property rights.
The Reader, or i-mag itself, may cancel a subscription towards the end of the Subscription Period. The Reader has three different ways of cancelling his fee-based subscription:
Cancellation via the Cancel button: by clicking the Cancel button in his account, the Reader may cancel his subscription at any time towards the end of the Subscription Period.
Cancellation via email: the email must be sent explicitly seven days before termination of the Subscription Period, using the email address which was deposited in the corresponding Reader account. Confirming cancellation via email.
Should the cancellation be dispatched late (less than seven days before termination of the Subscription Period), the cancellation shall take effect upon termination of the following Subscription Period.
i-mag reserves the right to cancellation for cause due to grave breaches of contract or legislation on the part of the Reader.
Applicable law & jurisdiction
Swiss law shall apply to the contractual relationship and all disputes arising from or in connection with the contractual relationship between the Reader and i-mag (any international treaties shall be excluded).
The place of performance and jurisdiction shall be the headquarters of i-mag.