Terms of Service
Last Update: January 21, 2015
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, You agree to become bound by the Agreement. If You do not agree to all the terms and conditions of this Agreement, then You may not access the Service or use any services. If these ToS are considered an offer by Paperlit, acceptance is expressly limited to these terms. The Service is available only to companies and individuals who are at least 18 years old.
The Agreement is available on the Website to enable Customers to acknowledge, store and reproduce them pursuant to Regulation 12, paragraph 3, of European Communities (Directive 2000/31/EC) Regulations (Statutory Instrument No. 68/2003) (the “Ecommerce Regulations”) if applicable. A copy of the Agreement may in any case be sent to the Customer by email at the address communicated in the Order Form.
The Agreement entered into with Paperlit through the Website is governed by Italian law including the Ecommerce Regulations. Legislative Decree no. 206/2005 (“Italian Consumer Code”) is not applicable to the Customer who is not a consumer as defined in Italian Consumer Code, art. 3, point 1, letter a), and use the Service for commercial, academic, research purposes or for any other purpose other than a domestic use. Please refer to Limitation of Liability section here below.
1 – License
Paperlit has developed an hosting digital publishing platform available on the Website and on Paperlit mobile applications that enables the Customer to create and manage, through a software owned and/or managed by Paperlit, mobile applications for iOS and Android devices and for other operating system that Paperlit may decide to adopt in the future, which allow You to convert any type of editorial content traditionally designed for printing (catalogs, magazines, newspapers, comic books, brochures, guides, periodicals, books, etc.) into interactive mobile applications (the “Digital Platform”) for publishing through the Digital Platform magazines, newspapers, tabloids, blogs, encyclopedias, and any other content in accordance with the ToS. Subject to the Agreement, and upon submission of the Order Form and payment to Paperlit of applicable fees, Paperlit grants the Customer a worldwide revocable, non-exclusive, non-transferable license during the term of the Agreement (the “Term”) to use the Services and the Digital Platform in accordance with the Plans.
2 – The Plans
Each Plan is published in the Website and contains a description of the Services offered, which may include its term, the applicable fees, technical assistance for using the Service (if any), other special features and tools (if any), and other relevant information of the Services rendered through the Digital Platform. Paperlit may vary from time to time the content of each Plan, including fees, terms, extension of the services rendered, etc.. Paperlit may also terminate a Plan upon notice to the Customers via email or Website. Termination or variation of the Plans by Paperlit do not entitle the Customer to any compensation save the right of the Customer to withdraw anytime from the Agreement upon written notice sent via email to Paperlit support address thirty (30) days prior to the end of the Plan’s term to allow for adequate processing time. Paperlit reserves the right to set up a Website’s dashboard where the Customer can directly terminate the modified Plan provided that such termination will be valid only after 30 days of such termination.
3 – Registration and Personal Account
In order to access the Services, You are required to register and open a personal account (“Account”), please note that You will be responsible for all activities that occur under Your Account (including but not limited to any purchase of the Service made through Your Account) unless You notify us that Your Account has demonstrably been used by a third party without Your consent. You are further responsible for maintaining the confidentiality of Your access information and for ensuring that no third party access Your Account without Your consent. Paperlit cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. You will immediately notify Paperlit of any unauthorized use of Your Account.
We will create Your Account based upon the personal information You provide to us or that we obtain via an SNS as described below. You may not have more than one (1) active Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
Please note that we may terminate or suspend Your Account, at any time and without prior notice to You if:
(i) we reasonably believe that You are using Your Account in breach of the Agreement;
(ii) we reasonably believe that a third party is using Your Account without Your consent, or
(iii) we reasonably deem it necessary to terminate or suspend Your Account for security or maintenance purposes.
4 – Third Party Account
Paperlit may, from time to time, give You the possibility to register an Account by logging with certain third party social networking sites or email service providers (“SNS”) (including, but not limited to, Gmail, Google Plus, Twitter, etc.); each such account, a “Third Party Account”, via our Website, as described below. As part of the functionality of the Website, You may link Your Account with Third Party Accounts, by either:
(i) providing Your Third Party Account login information to Paperlit through the Website; or
(ii) allowing Paperlit to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third Party Account.
You represent that You are entitled to disclose Your Third Party Account login information to Paperlit and/or grant Paperlit access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating Paperlit to pay any fees or making Paperlit subject to any usage limitations imposed by such third party service providers. By granting Paperlit access to any Third Party Accounts, You understand that Paperlit will access, make available and store (if applicable) any content that You have provided to and stored in Your Third Party Account (“SNS Content”) so that it is available on and through the Website via Your Account. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts will be available on and through Your Account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Paperlit’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website. You have the ability to disable the connection between Your Account and Your Third Party Accounts, at any time, by accessing the “Settings” section of the Website. PLEASE NOTE THAT YouR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YouR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YouR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Paperlit makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Paperlit is not responsible for any SNS Content.
5 – Terms and Fees of the Plans.
Plans have either one (1) month or twelve (12) month Term, automatically renewable if the Customer does not send an e-mail with receipt confirmation or registered letter to Paperlit at least thirty (30) days prior the expiration date of the Plans (sending date shall be relevant). Customer can opt to upgrade or downgrade their Plan to any other Plan that Paperlit is currently offering for sale at any time during Customer’s Agreement Term. Any Plan downgrades will take effect when Your next billing cycle begins. In the case of an upgrade, You will be charged for the difference in the cost of the two Plans over the remainder of the original Term. At the end of the Term, the Plan and the Agreement will automatically renew indefinitely until explicitly cancelled. Cancellation must be issued via Paperlit’s support addresses. Any cancellation must be done thirty (30) days prior to the end of the Plan to allow for adequate processing time. Paperlit reserves the right to set up a Website’s dashboard where the Customer can directly manage the Plan (termination, downgrade, upgrade) in respect of the terms of this section.
6 – Free trial
We may offer free trial subscriptions during which You may use the Service for the time period specified in the promotional offer (“Trial Period”). Free trial subscriptions may not be combined with any other offer and are only available to customers who do not currently have an Account at the time of registration, unless otherwise stated in the promotion details. You will receive a notice from us that Your free Trial Period has ended and You will have the option to provide payment information in order to continue to use the Service. You may cancel Your subscription at any time upon thirty (30) days prior written notice to Paperlit. Please see the Section below titled “Chargeback/Refund Policy” and “Non applicability of Withdrawal Right”. If we have provided notice to You that Your free Trial Period has ended, and You do not choose to provide Your payment information to use a paid version of the Service, You understand and agree that we may delete any of Your Content within a commercially reasonable time after the expiration of the applicable Trial Period.
7 – Payment procedure
Once the Customer choose a Plan through the Website and accept the Agreement, he shall pay in advance the relevant fees as detailed in the Plan.
The payment shall be performed in accordance with the payment procedure set forth in the Website, via credit card, PayPal, or other form of payment to be agreed with Paperlit. The relevant invoice shall be sent to the Customer after the payment.
8 – Chargeback / Refund Policy
If You cancel Your Plan or Services, Your cancellation takes effect on Your next billing cycle. This means we won’t be able to refund You for early Plan or Agreement cancellation. Paperlit has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
9 – Non applicability of cancellation right under Italian Consumer Code
Customer use the Services not for domestic use. Therefore, right of withdrawal is not applicable in accordance with Italian Consumer Code, art. 3, point 1, letter a. In any case, cancellation right is not applicable in relation to the software downloaded and opened by the Customer through any device (PC, portable device, etc.), in accordance with art. 55, second paragraph, letter d) of the Italian Consumer Code.
10 – Responsibility of Service Visitors
Paperlit has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Paperlit does not represent or imply that it endorses the material there published, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Paperlit disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted. Customer hereby waives Paperlit from any liability of any nature relating the content uploaded on the Digital Platform.
11 – Your Content
If You publish Your content through the Digital Platform, You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with Your account. You must not describe or assign keywords to Your social network in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Paperlit may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Paperlit liability. You must immediately notify Paperlit of any unauthorized uses of the Digital Platform, of Your account or of any other breaches of security. Paperlit will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. If You publish content in the Digital Platform, post links on the Digital Platform, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Your Content”) or other services, You are entirely responsible for the content of, and any harm resulting from, Your Content. That is the case regardless of whether Your Content in question constitutes text, graphics, an audio file, or computer software. By making Your Content available, You represent and warrant that:
the downloading, copying and use of Your Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if Your employer has rights to intellectual property You create, You have either (i) received permission from Your employer to post or make available Your Content, including but not limited to any software, or (ii) secured from Your employer a waiver as to all rights in or to Your Content;
You have fully complied with any third-party licenses relating to Your Content, and have done all things necessary to successfully pass through to end users any required terms;
Your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
Your Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
Your Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
Your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
Your Content is not named in a manner that misleads Your readers into thinking that You are another person or company. For example, Your social network’s URL or name is not the name of a person other than Yourself or company other than Your own; and
You have, in the case of Your Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by social network or otherwise.
By submitting Your Content to Paperlit for inclusion on any services or applications provided by Paperlit , You grant Paperlit a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish Your Content solely for the purpose of digital publishing, displaying, distributing and promoting Your mobile application and delivering the Services. If You delete or remove Your Content, Paperlit will use reasonable efforts to remove it from the Service, but You acknowledge that caching or references to Your Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Paperlit has the right (though not the obligation) to, in Paperlit ‘s sole discretion (i) refuse or remove any content that, in Paperlit ‘s reasonable opinion, violates any Paperlit policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Paperlit ‘ sole discretion. In case of the above, Paperlit will have no obligation to provide a refund of any amounts previously paid.
12 – Content Posted on Other Services
We have not reviewed, and cannot review, all of the material, including computer software, made available through the services and webpages to which the Website links, and that link to the Website. Paperlit does not have any control over those non-Paperlit services and webpages, and is not responsible for their contents or their use. By linking to a non-Paperlit website or webpage, Paperlit does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Paperlit disclaims any responsibility for any harm resulting from Your use of non-Paperlit websites and webpages.
13 – Paperlit Content
All rights, titles and interests in and to the Website and all of its content, including, but not limited to, its software or HTML code and other computer code contained in both the Website’s back-end and front-end components, the Website’s visual user interface, text, graphics, scripts, artwork, photographs, images, designs, audiovisual materials, codes, software, algorithm, and any other material that forms in any way part of the Website and of the Digital Platform (collectively, “Paperlit’s Content”) is owned by Paperlit and/or its licensors, if any. All Paperlit’s Content is protected by national and international intellectual property laws, including but not limited to copyright, patent and trademark laws, and other laws and international treaty provisions on intellectual property rights. Nothing in this Agreement can be construed as a contract for software development under article 1655 Italian Civil Code and Paperlit has no obligation toward Customers to realize mobile application tailored to the needs of Customers and has no obligation to transfer any data, code, algorithm, to the Customer. Please refer to limitation of liability section herebelow.
14 – Paperlit’s Trademarks and domain names.
All trademarks, whether registered, unregistered or under registration, in Italy or abroad, trade names, logos, domain names, brand names and product names used, displayed or in any way included on the Website (“Paperlit’s Trademarks”) are the exclusive property of Paperlit or of its licensors, if any. The Agreement does not entitle You in any way to use Paperlit’s Trademarks and we remind You that the use by You of Paperlit’s Trademarks in any manner is strictly prohibited.
15 – Copyright Infringement and DMCA Policy
As Paperlit asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by Paperlit.com or any Paperlit social network or mobile application violates Your copyright, You are encouraged to notify Paperlit. Paperlit will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Paperlit or others, Paperlit may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Paperlit will have no obligation to provide a refund of any amounts previously paid to Paperlit
16 – Termination
Paperlit may terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or Your Account (if You have one), You may simply discontinue using the Service. Paperlit can terminate the Service immediately as part of a general shut-down of Paperlit service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
17 – Limitation of liability
The Service is provided “AS IS” without warranty of any kind, including any implied warranties of merchantability or fitness for a particular purpose. Save as otherwise agreed, the license to use the Service is strictly personal to the Customer and not transferable to other third parties whether individuals or legal entities. Customer cannot transfer to any third party the password of its account and is strictly responsible for protecting it. Paperlit cannot be held responsible for any loss of the password of Your Account.
The Paperlit Service is a Software as a Service (“SaaS”). Nothing in this Agreement can be construed as a contract for software development under article 1655 Italian Civil Code and Paperlit has no obligation toward Customers to realize mobile application tailored to the needs of Customers and has no obligation to transfer any data, code, algorithm, to the Customer. To the maximum extent permitted by applicable law, Paperlit shall in no event be liable to You or any end user or third party for any damage or loss arising out of use of the Website and/or Paperlit’s Content or any information contained on or otherwise related to the products or services which may be sold through the Website, including without limitation, any liability for:
(a) any loss of or corruption to data,
(b) loss of or damage to hardware, software, or technical equipment (including Personal Computer,Tablet, Smartphone, or other portable device or any other device or part of the place through which the products and services offered by Paperlit where directly or indirectly supplied)
(c) any loss or damage which was not foreseeable by You and/or us
(d) any loss or damage suffered as a result of failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software.
Paperlit shall not be liable for any indirect damage, whatever the cause, origin, nature and consequences thereof may be, including, without limitations, any cost borne due to loss of business opportunities, clients, data or any other loss of intangible goods caused by the use of the Website and of the Digital Platform or by impossibility to use the Website and the Digital Platform or reliance on the information directly or indirectly made available through the Website or through the Digital Platform. By using this Website, You and any third party agree that, in case of any dissatisfaction relating to this Website, any part thereof and or any product or service which may be made available through this Website, or any clause of these Website ToS, the sole and exclusive remedy available to You or to any third party shall be ceasing use of the Website. Paperlit disclaims any and all liability for the acts, omissions and conducts of any third parties in connection with or related to use of the Website, including without limitation any liability for any third party content, information, statement, available on or through the Website, under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. The Customer finally agree to indemnify and hold harmless Paperlit against any legal action, claim, complaint from any third parties, and related damages and costs, including any legal expenses (including reasonable attorney fees), caused by or connected to any irregular and/or unlawful use by the Customer of the Website, of the Digital Platform and/or Paperlit’s Content.
18 – Representation and Warranty of the Customer
You acknowledge and agree that You may not and may not permit, assist or allow any third party to:
(a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute any Paperlit’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, website;
(b) access or use this Website or any Paperlit’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on Your own or any third party’s website, platform or other online space or means;
(c) use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or the Paperlit’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any Paperlit’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies;
(d) access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any of our servers to which You are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means;
(e) probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website;
(f) breach the protection, security or authentication measures on the Website or on the Digital Platform;
(g) reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity;
(h) exploit or use the Website, any Paperlit’s Content, or any service or information made available or offered by or through the Website for any unlawful purposes or for any purposes not allowed by these Website ToS or solicit the performance of any illegal activity or other activity which infringes the rights of Paperlit or others;
(i) take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website or of the Digital Platform, or any systems or networks connected to the Website or to the Digital Platform;
(l) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or of the Digital Platform or any transaction being conducted on the Website or on the Digital Platform, or with any other person’s use of the Website or of the Digital Platform.
We reserve the right to discontinue or suspend Your access or use of the Website or of the Digital Platform, without notice, if (I) we reasonably deem You have violated the Website ToS, or (II) we reasonably deem such a measure necessary for security reasons.
19 – Indemnification
You agree to indemnify and hold harmless Paperlit, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of Your use of the Service, including but not limited to Your violation of this Agreement.
20 – Disputes
This Agreement shall be governed by and construed in accordance with the laws of Italy, without reference to principles of conflict of laws, and the Customer and Paperlit hereby submit any issues or disputes arising out of or in connection with it to the exclusive jurisdiction of the Italian Court of Cagliari. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
21 – Notices
Any communication from the Customer to Paperlit related the Agreement may be sent via email to email@example.com with receipt confirmation from Paperlit, or via registered letter to the registered office of Paperlit. The above said addresses may vary from time to time upon communication of Paperlit to its Customers, via email or by publication on the Website.
22 – Changes To The Website ToS
Paperlit reserves the right, at its sole discretion, to modify or replace any part of this ToS. It is Your responsibility to check this ToS periodically for changes. Your continued use of or access to the Service following the posting of any changes to this ToS constitutes acceptance of those changes. Paperlit may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as termination of released features). Such new features and/or services shall be subject to the terms and conditions of this ToS save as otherwise specified by Paperlit.
LAST UPDATE: JANUARY 21, 2015