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Terms and conditions

Terms and conditions

The terms of service between ePubMATIC and the user

 

1. Terms of Service

1.1 This Agreement is entered into between the User who makes use of the ePubMATIC platform called “ePubPANEL” and the Owner of the site, in order to establish the terms and conditions to access to the services offered.

1.2 ePubMATIC is a company which is active in the digital publishing industry, and which is owner of ePubPANEL, is a system allowing the user to request different kinds of services (including the production of eBooks, publishing layout, file conversion from one format to another) and offers the possibility to upload, store and distribute eBooks and other kinds of “digital works” in order to retail such works through on-line bookshops belonging to third parties;

1.3 The user is involved in a publishing activity and is interested in the creation of files and/or in the distribution and sale of digital works;

1.4 The agreement between the user and the owner is expressed by this document, by its updates and privacy policy (refer to www.epubmatic.com/en/privacy). The user agrees to all the terms, as they are expressed in this document, which the user claims to have read and accepted, before starting to use the ePubPANEL. This agreement is void if entered into with a minor. In case of non-acceptance of the provisions contained herein, the user is required to immediately stop the use of the services offered by ePubMATIC.

1.5 The owner’s main purpose is to offer registered users the ability to create files through ePubPANEL: it is a simple interface that does not require computer skills. Unregistered users can neither request the creation of files nor request changes to files already created by other users. To access the services, the user accepts the terms of this agreement using the appropriate application form available at www.epubmatic.com/en/join (the application form is an integral part of this agreement).

1.6 The Owner reserves the right to make changes at any time to these conditions. The changes will be retroactive and the continued use of the ePubPANEL constitutes the implicit acceptance by the user of the new and revised terms which can be read on the public page www.epubmatic.com/en/termsofservice.

1.7 Any dispute concerning the validity, existence, interpretation and/or implementation of this Agreement will be settled by the Court of Atlanta, USA. The user acknowledges to have read the information issued and to consent to the use and storage of the provided data by ePubMATIC for the purposes of this Agreement.




2. Distribution

2.1 ePubMATIC is committed to providing the user the following services:
    a) Access and use of the ePubPANEL for the distribution of digital works through all on-line bookshops with which the platform will be connected, subject to the agreement of the same;
    b) Technical assistance for the management and loading of data related the eBooks to be distributed via ePubPANEL;
    c) Conversion into digital ePub format, or realization of other kinds of optional editorial services, or services which have been explicitly requested by the user and which are related to the eBooks which the user will indicate to ePubMATIC from time to time;
    d) Free conversion into Mobi format of eBooks in ePub format, as long as the well-known company Amazon, owner of this kind of file format, will offer this service free.

2.2 Conditions and terms of the distribution services:
    a) The user acknowledges that, in order to distribute the titles, ePubMATIC will have to enter into specific agreements related to retail with the owners of the on-line bookshops, which will be connected to the ePubPANEL.
    b) ePubMATIC does not guarantee a minimum number of connections to on-line bookshops;
    c) ePubMATIC will notify the user about every new on-line bookshop integrated into the ePubPANEL; the user will always have the option to accept or reject the sale of its titles by those on-line bookshops;
    d) The user grants ePubMATIC the right to release promotional free previews, for a maximum of 20% of the content of the digital works, through the ePubPANEL;
    e) Should the format of the digital work allow it, the user has the right to use the protection system “Adobe DRM” for its titles, only if said protection system is provided by the on-line bookshops. Any application costs related to this anti-piracy system will be charged to the user;

2.3 In order to simplify the selling procedure of the digital works through the on-line bookshops, with this Agreement the user gives ePubMATIC a free mandate, with no representation exclusive right, to enter into agreements with the on-line bookshops in the interest of the user, in relation to the sale of digital works via the ePubPANEL, without any territorial limitation. The user can communicate at any time to ePubMATIC their wish to enter into direct negotiations with the on-line bookshops, by giving ePubMATIC notice by email one (1) month in advance, and by exonerating ePubMATIC from the assignment. Based on such assignment, ePubMATIC may enter into agreements with owners of on-line bookshops on behalf of the user, and may act so as to close the agreements and fulfil all the useful or necessary operations for the sale of the digital works, without attributing any exclusivity in favour of the on-line bookshops. Moreover, according to such assignment:
    a) The user authorizes ePubMATIC to accept the terms and conditions offered by third parties for the sale through the on-line bookshops, even where these carry limitations with regard to the territorial areas of sales and/or other limitations related to the selling methods. The user gives ePubMATIC broad authority in this regard, except for the right to grant exclusive selling rights. In particular and as an example, in order to carry out its mandate and to offer its services, ePubMATIC is authorized to reproduce, promote and sale the user's digital works without territorial restrictions and may authorize other on-line bookshops to reproduce, promote and sale the digital works, without any territorial limitation;
    b) ePubMATIC will be enabled to act so as to fulfil its mandate, provided that no extra cost will be charged to the user;
    c) If the general conditions of certain on-line-bookshops’ agreement require compliance with specific conditions related to the best price and/or to the maximum selling price threshold, the user authorises ePubMATIC to close such agreements, even by reducing the selling price of the digital works;
    d) If certain on-line bookshops require a mandatory minimum term of the agreement for the sale of digital works, the user authorizes ePubMATIC to accept this condition, provided that the duration of the agreement does not exceed a period of twelve (12) months from the closure of the agreement and provided that by the end of the established term a possible termination of the contract can take place without payment of penalties;
    e) The user authorizes ePubMATIC to perform the given task even if certain on-line bookshops require special modifications or processes related to the technological protection of digital works, provided that this does not lead to additional costs for the user, also in the case in which it is necessary to apply technological protections to the digital works which are new or different from those provided for herein. It is understood that in the event the user has decided to protect their digital works, ePubMATIC will not be able to enter into any agreement with the on-line bookshops that do not allow any form of protection (so-called “DRM free”);
    f) The duration of the mandate and of the agreements with the on-line bookshops will be the same as the duration of this Agreement;
    g) In view of the fact that some on-line bookshops may offer particular services or require special conditions for the distribution, sale and use of digital works, when such services or conditions deviate from what is regulated in this document, the subscription of the agreement between ePubMATIC and the on-line bookshop will be subject to prior written permission from the user. In such cases ePubMATIC shall inform the user in order to obtain the necessary authorizations;
    h) ePubMATIC will promptly notify the user on the achievement of agreements with on-line bookshops. ePubMATIC shall always deliver the report to the user as indicated herein;
    i) The user acknowledges that any malfunction or other failure related to the on-line bookshops are not attributable to ePubMATIC, which, in its representative quality, does not bear the risk of possible breaches made by third parties with whom agreements are entered into in the interest of the user.

2.4 In case the user wishes it, ePubMATIC will be able to convert the titles indicated from time to time by the user into the digital formats the user prefers. The costs for this service are published on the ePubPANEL. The user, as it is already the case through the currently published version of the ePubPANEL, will acquire full ownership of the files converted to eBook format, and may also sell them on platforms other than the ePubPANEL.

2.5 For the distribution of digital works through the on-line bookshops, with which the ePubPANEL is or will be connected, ePubMATIC applies a commission for each sale carried out by on-line bookshops, equal to 5%.
This percentage is calculated on the final digital work’s selling price (the so-called “Cover price”) set by user, exclusive of VAT;

2.6 The maximum fee to be paid to the on-line bookshops, at user’s charge, will be 50% of the cover price set by the user;

2.7 Through the ePubPANEL the user will be able to view the report of all sales. The user quarterly invoices to ePubMATIC an amount equal to the cover price of the titles sold resulting from the report of sales, exclusive of the fees which are to be paid to on-line bookshops and of the fees payable to ePubMATIC. ePubMATIC retains therefore the fee due on the final selling price, exclusive of VAT, in relation to sales made by on-line bookshops and documented by the ePubPANEL and by the billing registers. ePubMATIC will pay the invoices to the user within a maximum of three (3) months from the date of receipt;

2.8 ePubMATIC is not responsible for:
    a) Possible temporary inactivity of the ePubPANEL, due to technical reasons, maintenance, software updates, hardware replacement, instability or disconnection of connections to the user's equipment and/or to the on-line bookshops;
    b) Any temporary disruptions, delays or malfunctions related to the ePubPANEL's connection with one or more on-line bookshops;

2.9 ePubMATIC assumes no liability to third parties concerning intellectual property and exploitation rights relating to the titles distributed through ePubPANEL. As far as those titles are concerned, the user ensures and declares to be in possess of all the necessary rights of exploitation. The user agrees to keep ePubMATIC indemnified from any claims of third parties concerning intellectual property and exploitation rights for the above mentioned titles. The owner and the user mutually agree that this Agreement, unless where expressly provided, does neither provide nor imply any transfer of exploitation rights in respect of the works and of the user and ePubMATIC's intellectual property;

2.10 The user ensures and declares that the materials entrusted to ePubMATIC are not illegal and do not contain illegal material, data and/or information, or information which are against morality and/or public order, or pornographic, defamatory, discriminatory or offensive contents in relation to religions, races, sexual gender, nationalities. The user ensures and declares that any content present in the digital works to be distributed through ePubMATIC does not violate the law and does not violate, either directly or indirectly, the rights of others. The user agrees to hold ePubMATIC harmless from any claim, damage, cost or injury claimed by any third party in relation to a violation of the provisions herein.

2.11 The term of this Agreement is of twelve (12) months from the date of acceptance of the same, after which the Agreement will be automatically renewed year by year, unless express notice of termination, which must be notified by email at least one (1) month before the end of the Agreement.

2.12 Estimated terms for the duration of the provision of the above mentioned services are of one (1) month from the date of acceptance of this Agreement in order to access the services of the ePubPANEL.

2.13 Given the innovative nature of the services covered by this Agreement, the owner and the user mutually agree that, over the term of the same, they will work in good faith and under the obligation to safeguard their mutual interests, in order to incorporate reasonable integrations to the Agreement, dictated on technical grounds, new laws, new practices in the application of tax obligations, etc.

2.14 The user acknowledges to have read each of the clauses referred to in this document. In particular, the user hereby specifically approves all the clauses of this Agreement.




3. Disclaimer and copyright

3.1 The owner is not responsible for damages or consequences arising from access and use of the ePubPANEL and inability to access it, and is also not responsible for the reliability of the content.

3.2 The owner reserves the right to change the content and services offered on the ePubPANEL at any time and without prior notice.

3.3 By using the ePubPANEL the user agrees NOT to:
    a) Use the ePubPANEL to harm the owner or its customers;
    b) Use the ePubPANEL as the target for hypertext links from unsolicited bulk email or unsolicited commercial messages;
    c) Use automated processes or services to access the ePubPANEL (such as BOT, spider, periodic caching or “meta-search”);
    d) use illegal means to modify or reroute the services of the ePubPANEL;
    e) Damage, disable, overburden, or impair the services of the ePubPANEL or interfere with its use by other users;
    f) Resell, in whole or in part, the services of the ePubPANEL;
    g) Use the services of the ePubPANEL for purposes and in a way which are not covered by this Agreement and which do not comply with the applicable laws and norms;
    h) Use the services of the ePubPANEL to request the creation of files, whose contents promote unlawful or illegal acts;
    i) Violate and make an improper use of copyrights, privacy and advertising, trade secrets, patents and other legal or proprietary rights;
    j) use the ePubPANEL to create or allow others to create files, in order to disable, violate or interfere in any way with security systems, digital signature or digital rights management, verification and authentication mechanisms and any other service, software or technology;
    k) Perform, directly or indirectly, any act intended to interfere with the services of the ePubPANEL, as provided for in this Agreement, or with the business practices of the owner.

3.4 The website and its contents (texts, images, graphics, videos, audio, databases, software and other intellectual works) are creative works and are therefore protected by copyright law. The violation of such rights entails the imposition of criminal penalties and administrative sanctions, in addition to economic sanctions provided for in the Civil Code.

3.5 All registered and unregistered trademarks and other distinctive marks published on the website belong to their respective owners and may not be granted or used unless otherwise specified. The logo, images and graphics of the website cannot be used without prior written consent of the owner.

3.6 The owner is committed to respecting the intellectual property rights of third parties. Therefore, whoever believes their own rights to have been violated can contact the website to request the removal of the material or to identify extra-judicial solutions.




4. Warranty and limitation of liability

4.1 The use of the ePubPANEL by the user is governed by the license terms here presented for acceptance: the owner grants the user the right to use the services of the ePubPANEL only for the intended and authorized use.

4.2 The ePubPANEL services are granted to the user which has registered with a non-exclusive license.

4.3 The owner provides a service “as-is”, “with all its faults” and “as available” and does not guarantee the accuracy of the information provided by the service. The owner and its affiliates and suppliers do not issue warranties or express terms. The user may have other rights applicable to consumers, according to their local law. Such rights are not affected by this Agreement. The owner excludes any implied warranties, including warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement of third party rights. This warranty limitation also applies to any item related to the warranty. It also applies to:
    a) Contents (including the code) of the site;
    b) Viruses or other impairing elements that compromise access to the use of the ePubPANEL;
    c) Incompatibility between the service and other software and hardware services;
    d) Delays or inefficiencies incurred in initiating, carrying out, or completing transmissions or transactions in an accurate and timely manner;
    e) Claims for breaching the Agreement, the warranty or the terms, strict liability, negligence or other wrong.

4.4 The owner can make changes to the site services or can suppress its features at any time for any reason. Service is subject to suspension or interruption, even indefinitely prolonged. In the event of cancellation or suspension of the services, the data saved by the user could no longer be accessible.




5. Contacts

For more information, waivers and requests on the use of the site content, contact the owner:

ePubMATIC LLC
1164 Sandy Springs Lane - Marietta GA 30062 - USA
EIN 82-2959139
E-mail: info[at]epubmatic.com

Service
Alphabet
Format
Number of pages
Currency
Presence of images, tables
and other complications
Num. of audio / video files
Complexity level
TypeSetting
Number of animations
Pages with voice over
APK (Android compatible)
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Instant
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