This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website or that you have ordered one or more books). The term “User” refers to a Visitor.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Additional Terms. In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or App or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website, App or Service.
Amendments. 25pages may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by 25pages on the Website, (2) for existing Users, thirty (30) days after posting by 25pages on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after 25pages sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation.
2. Term. This Agreement shall remain in full force and effect while you use the Services.
3. Fees. You acknowledge that 25pages reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by 25pages on the Website. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to 25pages as set forth on the Website.
4. Printing terms. For all our print services, we partnered up with Peecho. Using a global cloud print network, Peecho operates as the intermediary between websites and the best print partners in the world. Peecho is responsible for all our high quality printing, secure payments, cheapest worldwide distribution and awesome costumer support. Make sure to check their printing terms before you order or add your work to our Market and contact Peecho directly if you have any questions or issues about printing, received products or returns.
5. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify 25pages’s acceptance of your order, nor does it constitute confirmation of our offer to sell. 25pages reserves the right at any time after receipt of your order to accept or decline your order for any reason. 25pages further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by 25pages upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
6. Your Book Content.
6.1 Definitions. “Content” includes text, files, design templates, images, photos, video, sounds, works of authorship, and other material. Your “Book Content” includes Content that you include in the Books, submit to 25pages for Books and print services. 25PAGES HAS NO OWNERSHIP OF ANY OF YOUR BOOK CONTENT.
6.2 Ownership of Your Book Content. You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Book Content that you provide to and post on the Services, or provide for our print services to have them printed in a Book, and (ii) your Book Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
6.3 Submission of Your Book Content. You may use any 25pages self-publishing software to submit your Book Content to 25pages for publication.
6.4 License. In order for 25pages to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Book Content:
6.4.1 License to print your Books. You hereby grant to 25pages a non-exclusive, worldwide, fully-paid and royalty-free license (a “License”) to reproduce and distribute your Book Content for the purpose of printing the Books that you order or that you authorize for purchase by others, and for any other related purpose that you authorize. You agree that 25pages reserves the right to maintain the electronic files for any Book(s) to fulfill any further orders which may be placed for such Book(s) and to maintain an archival copy of the printed Book.
6.4.2 License to use your Book Content for optional 25pages features. In the event you decide to use any optional feature that 25pages may offer, such as allowing others to search for and see an electronic preview of your Book(s) or applications to use the Services in connection with other services and online communities, you hereby grant to 25pages a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Book(s), any Book Content therein, and any other data and information you provide in connection with the optional feature, as required for 25pages to provide such optional feature.
6.5 Publisher Status. YOU ACKNOWLEDGE AND AGREE THAT 25PAGES IS NOT THE PUBLISHER OF YOUR BOOKS (INCLUDING YOUR BOOK CONTENT) AND YOU WILL NOT STATE OR OTHERWISE SUGGEST THAT 25PAGES IS THE PUBLISHER OF YOUR BOOKS. YOU REPRESENT AND WARRANT THAT YOU ARE THE PUBLISHER OF YOUR BOOK(S) (INCLUDING YOUR BOOK CONTENT) AND, IN ANY CASE, THAT YOU BEAR THE FULL AND ULTIMATE RESPONSIBILITY FOR THE PUBLICATION OF YOUR BOOKS (INCLUDING YOUR BOOK CONTENT).
7. 25pages Content. The Services contain Content of 25pages and its licensors (“25pages Content”). 25pages and its licensors (including Users) own and retain all proprietary rights in the 25pages Content and the Services. 25pages hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the 25pages Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the 25pages Content.
8. Other Content. Notwithstanding Section 6.4.2 above, You hereby grant to 25pages an irrevocable, perpetual, nonexclusive, fully-paid and royalty-free license (with right to sublicense) to use, create derivative works, reproduce, distribute and publicly display any Content, but not your Book Content, that you upload, post, email, transmit or otherwise make available on the Website (“Other Content”). Examples of Other Content include your digital correspondences with 25pages via social media, any public information you upload about a Book through our Website, and public profile information you provide through our Website. We may use Other Content in our internal and external marketing materials as well as to provide You with better service and support.
9. Your Content and Activity. You are solely responsible for any and all Book Content and Other Content that is posted by or through any Services (including any Content that you may have received by third parties) including any e-mail, or included in Books submitted by you for print services, and for your interactions with other Users. You agree that 25pages retains the right to create limits on 25pages’s archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
9.1 Prohibited Content. YOU MAY NOT INCLUDE “PUBLISHED BY 25PAGES,” “25PAGES PUBLISHING” OR ANY OTHER REFERENCE THAT DIRECTLY OR INDIRECTLY SUGGESTS OR IMPLIES THAT 25PAGES IS THE PUBLISHER OF THE BOOKS THAT YOU CREATE USING THE SERVICES. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content” includes Book Content or Other Content that: (i) is offensive, pornographic, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of 25pages; or (xii) otherwise violates this Agreement or creates liability for 25pages. 25PAGES RESERVES THE RIGHT TO REFUSE TO PRINT ANY BOOK THAT CONTAINS CONTENT THAT IT DETERMINES IN IT SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to indemnify and hold 25pages and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
9.2 Miscellaneous. You will not attempt to impersonate another User or person, including any employee of 25pages. You will use the Services in a manner consistent with any and all applicable laws and regulations.
9.3 Enforcement by 25pages. 25pages has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of 25pages violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for 25pages, its suppliers, service providers, partner companies, or any User. 25pages reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
10. Copyright Policy. It is 25pages’s policy to terminate orders of any User who infringes copyright upon prompt notification to 25pages by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services or used in any Book in a way that constitutes copyright infringement, please contact us and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact us for contact information about our 25pages’s Copyright Agent for notice of claims of copyright infringement.
11. Third Parties and Other Users.
11.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because 25pages does not control such Content, you agree that 25pages is not responsible for any such Content, including advertising and information about third party products or services. Because 25pages does not have control over such Content, 25pages makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and 25pages assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
11.2 Responsibility. Your interactions with other Users or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, the advertiser, or third party. The foregoing also applies to any interaction between Users (including the contribution and/or receipt of any Content) in the course of using the Services’ functionality to make contributions to the books of other Users and to receive contributions from other Users to your own Books. You agree that 25pages will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), 25pages is under no obligation to become involved; however, 25pages reserves the right to monitor disputes between you and other Users.
12. Limited Warranty.
12.1 Exceptions to Warranty. 25pages does not proof, edit or change any of the Content in the Books that you agreed to after sending your approval on the print-proof. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including book format, organization, style, color and page layout; or (d) any other creative choices that you make related to the Book. YOUR BOOK CONTENT CANNOT BE EDITED ONCE IT IS UPLOADED TO THE PRINT SERVICE. Therefore, you agree that you will not approve Book Content unless it has been fully proofed and you are satisfied that it is ready to be published. 25pages is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users or by any of the equipment or programming associated with or utilized in the Services. 25pages assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. 25pages is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall 25pages be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
12.2 Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 12.1 ABOVE, (B) 25PAGES EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
13. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, 25PAGES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF 25PAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 25PAGES’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY EUROS (50 EUR), OR THE AMOUNTS YOU PAID TO 25PAGES IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE 25PAGES’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF 25PAGES OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. Release. You hereby release 25pages, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
15. Indemnity. You agree to defend, indemnify, and hold 25pages, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
16. Electronic communications. The communications between you and 25pages use electronic means, whether you visit the Website or otherwise use the Service or send 25pages e-mails, or whether 25pages posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from 25pages in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that 25pages provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
17. Governing Law and Arbitration. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of Books and other products from the 25pages Services.
18. Relationship of Parties. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or in your Book Content, that would reasonably contradict anything in this section.
19. Notices. 25pages may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with 25pages, or by written communication sent by first class mail or pre-paid post to your address on record with 25pages. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email).
20. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”
22. Copyright/Trademark Information. Copyright © 2018, 25pages. All rights reserved. Logos and service marks (“Marks”) displayed on the Website or in connection with the Services are the property of 25pages or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.
23. International Provisions. The following provisions shall apply only if you are located in the countries listed below.
23.1 United Kingdom. A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
23.2 Germany. Notwithstanding anything contrary in Section 13, 25pages is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).