Please read these
Terms and Conditions carefully before You start to use
the Service publuu.com.
TERMS AND CONDITIONS FOR USE OF THE
INTERNET SERVICE AT PUBLUU.COM.
Type and scope of electronic services
Conditions of providing services and concluding electronic services agreements
Entrepreneur User Account
Conditions of terminating electronic services agreements
I. GENERAL PROVISIONS
These Terms and Conditions determine the type, scope and conditions of the services provided electronically in the SaaS service by publuu.com, the conditions of concluding and terminating Electronic Services Agreements as well as the complaints procedure.
By using the Electronic Services available through the Website publuu.com the User agrees to be legally bound and to abide by the publuu.com Terms and Conditions.
The Service Provider is not responsible for the lack of interest and response to the content published by the Recipients, as well as does not guarantee them any financial results from the sharing and sale of publications.
All trade names, company names and their logo mentioned on publuu.com are the property of their respective owners and are used solely for identification purposes. All materials, descriptions and photos presented on the publuu.com are for information purposes only.
To all matters not settled herein the following provisions of Polish law shall apply:
Copyright and Related
Rights Act of 4 February 1994 (Dz. U. no. 24, item 83 as amended),
and all other applicable provisions of Polish law.
APP-Kiosk – means Electronic Service enabling the User to create their own mobile kiosk, i.e. mobile app, which enables to publish and share digital flipbooks for free or for a payment.
REGISTRATION FORM – means the electronic form available at publuu.com required to register an Account. The Registration Form enables the creation of an Account assigned to a specific User.
Kiosk - WEB-Kiosk or APP-Kiosk or YOUR Kiosk or YOUR APP.
CONSUMER - means any natural person who concludes a legal act with an entrepreneur and is acting for purposes that are outside their business, trade or profession.
ACCOUNT – means an electronic collection of data, including User’s data, stored on the Service Provider’s ICT-System and identified by individual username (login name) and password chosen and registered by the User.
LICENCE – means a licence agreement as defined in chapter 5 of the Copyright and Related Rights Act of 4 February 1994 (Dz. U. [Journal of Laws] no. 24, item 83).
SOFTWARE – means application provided by the Service Provider, which is available in the SaaS model via the Service.
USER’S PANEL – is an Internet information system for the comprehensive handling of tasks related to the creation and publication of digital materials via the Internet, available at www.publuu.com, which enables the use of Services offered and provided by electronic means in accordance with the available functions and the content of the Terms and Conditions.
ENTREPRENEUR – means natural person, legal person and organizational unit referred to in article 331 § 1 of the Civil Code, which carries on its own behalf an economic or professional activity.
TERMS AND CONDITIONS – means these Terms and Conditions.
SAAS – ("Software as a Service") a service that relies on remote provision of the Software via the Internet. It allows interaction with the application via the Web browser interface.
SERVICE – Service Provider operating at www.publuu.com.
SERVICE PROVIDER , OPERATOR – means MDN GROUP, ul. Kępska 7, 45-129 Opole, Poland, tax identification number NIP: 7543098610, statistical number REGON: 362526210.
RECIPIENT / USER – means any Entrepreneur using the Electronic Services.
ELECTRONIC SERVICE – means any service provided electronically by the Service Provider to the User via the Service.
WEB-Kiosk – Electronic service for publication and free or paid sharing digital content (individual editions or the entire WEB-Kiosk) of a user from any Web page position. In order to publish the content, the User must generate a link or an embed code in the User's Panel and paste it into the appropriate place in the User's website code.
III. TYPE AND SCOPE
OF ELECTRONIC SERVICES
The following Electronic Services are made available through the Website:
using the Software, via User’s Panel, including:
- PDF files,
- Audio files,
- Video files,
- Active hyperlinks,
- Photo galleries,
The provision of Services to the Recipients in the Service takes place under the conditions set forth in these Terms and Conditions and the price list of the Service.
The Service Provider reserves the right to display advertising content on the Website. Such content is an integral part of the Website and the materials presented therein.
IV. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
The Electronic Services set forth in chapter III point 1 a) and b) of these Terms and Conditions is either paid , depending on the package chosen and according to the price list of the Service. The fees for using the Electronic Services indicated in the selected package are included in the price. The Service Provider begins to provide the paid services only after payment by the Customer in accordance with the Terms and Conditions and the price list.
The fees referred to in section 1 of this chapter depend on the package and the period for which access to the service has been purchased. Information on fees is available in the price list on the website publuu.com. The day of payment shall be credited to the Service Provider's bank account.
Service Provider accepts credit card payments handled via PAYPAL. Subscription to the Service renews automatically at the end of each billing period. The card details are stored by the PAYPAL payment provider.
User is obliged to pay fees for the Service, under the conditions specified in the price list of the Service. Recurring payment periods are the same as the billing cycle for the use of the Software (the app).
Service Provider reserves the right to send email to the address provided when setting up the Account, a reminder message about the deadline for payment, and the User agrees.
The lack of payment on the Service Provider bank account within the indicated date will result in blocking access to the Account and the services provided. In this case, all data entered by User will be stored by the Service Provider for a period of 180 days, starting from the day following the date of maturity of the fee. After the expiry of the period specified in this section, the data will be copied and deleted from the Service along with the Account.
FLIPBOOK, WEB-Kiosk and APP-Kiosk are not the User’s property, but only services made accessible by the Service Provider on a licence basis. Upon payment of the fee, the Operator grants the User a non -exclusive Licence to use the Software for the use of the application, solely for the purposes of the User’s activity and as intended Software.
The Licence is granted for the designated subscription period for which the User paid the fee and is renewed upon payment for the next subscription period.
The User is not authorized to perform, on his/her own or with the participation of third parties, a reverse engineering, as well as to disassemble or decompile the Software provided by the Service .
User agrees not to use any software that may interfere with the operation of the Software provided via the Service.
The Electronic Service agreement consisting in the operation of the Account and the use of the User's Panel is concluded for an indefinite period. In the event of changes to the Terms and Conditions, the service will be implemented on the previous rules. In the event of expiry of the service, its renewal shall be subject to changes in the Terms and Conditions and after acceptance by the User.
The Electronic Service agreement for sending PUSH messages to recipients is concluded for a period of time and is terminated upon the User ceases to use the Service.
The Electronic Service agreement for using the Software is concluded for a period of time and is terminated upon the User ceases to use the Service.
As part of the Service, the User has the right to sell their publications in both the WEB Kiosk and mobile applications (APP Kiosk). Sales are also possible in the form of subscriptions. The sale of the editions is not possible with the release of the PDF’s as individual editions (FREE and PLUS package).
In order to start selling publications as part of a WEB Kiosk or APP Kiosk, you must log in to the User Panel and in the WEB Kiosk or APP Kiosk view, move the slider on the left side of the monitor or tablet preview from OFF to ON and set the price of subscriptions or individual editions.
User can change the price of their editions. For a WEB Kiosk, it is possible to change the price of all editions at any time, even after it's published.
In case of APP Kiosk, one may only change the edition prices until the app is published to the App Store or Google Play stores. Changing the price after the mobile app is published is possible, but requires contact with the Service Provider.
In case of WEB Kiosk, all funds coming from the sale of publications are transferred directly to the User into their account handled by Paypal.
In the case of APP Kiosk, all funds coming from the sale of publications, are transferred in the first place to the App Store and Google Play store accounts.
The mutual settlement of funds from the sales of publications in mobile applications (APP Kiosk) occurs after crossing the billing threshold, which is $100 (one hundred US dollars).
The User may check the sales results any time by logging in to the User Panel and entering the "wallet" icon. The amount shown there is already reduced by the commission of the App Store and Google Play stores (30% of the sales value) on which the Service Provider has no influence.
After exceeding the sales threshold ($100) referred to in paragraph 20 of this chapter, the UPLOAD INVOICE function is activated, due to which one may upload an invoice which must be issued to the following data:
The invoice will be paid within a maximum of 14 days from the date of uploading the invoice in the User Panel.
In the case of mobile applications (APP Kiosk) operated by Entrepreneurs based in Poland, the Service Provider charges a commission of 15% of the value of sales. In order to avoid payment of commissions referred to in this section to the Service Provider, the User must contact customer service using the contact form.
The User providing publications in the WEB Kiosk is obliged to observe the terms and conditions of this WEB Kiosk, including in particular to deal with complaints of its customers, within the deadlines stipulated by law.
End-user hardware, network and software requirements for the ICT system used by the Service Provider:
The User agrees to use the Website in accordance with the principles of good practice, only for lawful purposes and in a manner which does not infringe the personal rights and intellectual property rights of any third party.
The User is obliged to provide accurate and complete information to the Service Provider.
The User is prohibited from providing any unlawful or illegal content.
The Service Provider
reserves the right to remove content, while informing the User
thereof, in the event that the Service Provider has gained
knowledge, reasonable suspicion or appropriate official information,
that by placing in the Service specified information, the User has
violated, attempted to breach, circumvent or attempt to circumvent
the generally applicable law or the provisions of these Terms and
Conditions, in particular acted or attempted to act to the detriment
of third parties.
V. ETREPRENEUR USER ACCOUNT
VI. CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
Terminating an Electronic Services Agreement:
Continuing and indefinite-term Electronic Services Agreements (e.g. Account maintenance agreement) may be terminated.
The User may terminate the agreement with immediate effect and without giving any reason via the Account administration panel.
The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to the lack of payments resulting from the use of the Services available, as well as to the Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
The notice of termination leads to a cessation of legal relations with the effect for the future. The termination shall not exempt the User from the obligation to pay fees for the service provided until the agreement is effectively terminated.
An Electronic Services agreement may be terminated by the User and Service Provider at any time by mutual agreement of the parties.
Termination does not exempt the User from the obligation to pay fees due in connection with the use of the Service.
VII. COMPLAINTS PROCEDURE
Complaints procedure for the Electronic Services offered by the Service Provider::
Complaints related to the provision of Electronic Services through the Service should be submitted via email to: firstname.lastname@example.org
All claims should contain sufficient detail about the matter that is at issue. Specifically, claims should include information regarding circumstances, the nature of the claim, the date when the issue first arose as well as the issuer contact details. Providing all necessary data will speed up the claim-handling process.
All complaints shall be resolved promptly and in any event no later than within 14 days following the date of receipt.
A Service Provider’s response to the complaint shall be sent by email or other preferred method of contact indicated by the User.
VIII. INTELLECTUAL PROPERTY
The compilation of all content located at publuu.com, including the name of the service, its functionalities, graphical appearance, logos, graphic elements, layout and composition of these elements, trademarks, Software and database use copyright protection and (except for content posted by the Users, which are owned by them, i.e. any files published by them within the Kiosk and licence, transfer of copyright or fair use) are the exclusive property of MDN GROUP, ul. Kępska 7, 45-129 Opole, NIP: 7543098610, REGON: 362526210. The User bears full liability for the damage caused to the Service Provider resulting from the use of any content of the website publuu.com without the consent of the Service Provider.
Any use, without the express written consent of the Service Provider, of any element constituting the content of publuu.com constitutes a violation of the copyright of the Service Provider and results in civil and criminal liability.
Service Provider reserves the right to present the subject of the contract for promotional and advertising purposes of his own Company.
X. SLA WARRANTY.
XI. FINAL PROVISIONS.
Agreements concluded through the Service are construed in accordance with the laws of Poland.
No changes to these Terms and Conditions shall be binding on the User unless the User was duly notified about such changes and did not terminate the electronic services agreement within 14 days of receiving notice of such changes.
In the event of non-compliance with any part of the Terms and Conditions with applicable law, the relevant provisions of Polish law apply in place of the disputed provision of regulations
Any disputes arising between the Service Provider and the Entrepreneur User shall be resolved in the first instance through amicable negotiation between the parties. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction, competent for the Service Provider’s premises.