General Terms and Conditions of Business and Use of "self-publishing.com", an offer from The Self-Publishing Company GmbH
Preamble
Definitions
- The Self-Publishing Company GmbH, Rosenbergweg 7a, CH- 6300 Zug, Zug Commercial Register CH-17040154135 (hereinafter referred to as "Self-Publishing")
- self-publishing.com and all subpages to this website, linked pages to other URLs are not considered subpages
(hereinafter referred to as "self-publishing.com")
- Users of self-publishing.com (hereinafter referred to as "user")
- Users who publish digital books on self-publishing.com (hereinafter referred to as "authors")
- Users who acquire rights to the digital books posted on self-publishing.com (hereinafter referred to as the "Purchaser")
- Price at which the licenses to the digital books are offered for sale on self-publishing.com (hereinafter referred to as "license price")
- Books that are offered for download in digital form on self-publishing.com(hereinafter referred to as "digital books")
The Self-Publishing Company GmbH offers a trading platform on the website www.self-publishing.com through which users can grant and acquire licenses to rights to digital books. These General Terms and Conditions (hereinafter referred to as "GTC") apply to any use of the German-language services of Self-Publishing. The use of Self-Publishing's services is made possible exclusively on the basis of these GTC.
The GTC apply regardless of whether the user is a consumer, entrepreneur or merchant. The version of the GTC valid at the time the contract is concluded shall apply. Any deviating terms and conditions of the user shall not be accepted. This also applies if Self-Publishing does not expressly object to their inclusion.
- Subject matter and scope of the contract of use
Self-publishing offers users an Internet platform on which users can grant and acquire licenses to the rights of digital books and write reviews about the digital books.
In addition, Self-Publishing offers users the services of the stripe payment system. The use of the stripe payment system is subject to its terms and conditions.
The use of self-publishing services is generally free of charge for users. Costs only arise if users decide to book the additional services offered by the partner company Europäische Verlagsgesellschaften GmbH on the website www.self-publishing.com, which are subject to a charge. The General Terms and Conditions of Europäische Verlagsgesellschaften GmbH apply to these services.
Self-Publishing is merely a trading platform and is not involved in the conclusion of contracts between users. Self-Publishing therefore assumes no liability for the contracts concluded between the users and the content posted on self-publishing.com and the reviews submitted.
- Trade via self-publishing.com
2.1 Offering digital books
In order to offer licenses for digital books for sale on self-publishing.com, authors must upload them to self-publishing.com in a suitable format. This is done on the pages of the author area, which authors can access by clicking on the "Author area" button. Authors must first register for the author area by entering their data in an input mask.
Registration and confirmation by the author takes place as part of the so-called double opt-in process. The author confirms that he/she is of legal age and has unlimited legal capacity. Acceptance by Self-Publishing in the form of the provision of an account is subject to verification by Self-Publishing.
There is no entitlement to registration. Self-Publishing may reject a registration at any time and without giving reasons. Self-Publishing reserves the right to delete an account for which the data has been submitted incompletely or incorrectly or if the account is not used in accordance with these GTC.
The author is obliged to correct the data entered in his/her account immediately if it has changed. The author is obliged to inform Self-Publishing immediately if a third party has gained knowledge of the password for the registration.
After registration, authors can upload the digital books as well as a book cover. Authors can choose between several formats when uploading the digital book. They can upload the book to self-publishing.com in epub, mobi, word, PDF, text, otf and other formats. Self-publishing will not change the format of the digital book. This means that purchasers will buy the digital book in the same format in which it was uploaded by the author.
Authors have the option of entering a back cover text. Authors must also enter a list price, which may not be changed again.
The author is responsible for compliance with all legal regulations regarding the licensing of the digital book uploaded. It is prohibited to upload and offer for sale digital books that violate applicable law, these GTC, third-party rights - in particular copyrights, trademark rights and personal rights - or morality, or whose distribution is restricted or prohibited by statutory provisions (in particular consumer protection, youth protection and unfair competition laws). The same applies to the content of the text on the back.
Authors may only offer for sale licenses to digital books of which they are the sole author or which they may dispose of with the author's consent.
All prices are quoted in euros and include VAT, if applicable.
The author can also upload a cover image for the digital book. The author assures that he/she holds all rights to the cover image (in particular copyrights and personal rights) and that the cover image does not violate applicable law, these GTC or common decency or infringe the rights of third parties, in particular copyrights and personal rights.
2.2 Deleting and removing digital books from self-publishing.com
Self-Publishing is entitled to delete cover images as well as digital books from the self-publishing.com website without prior notice if Self-Publishing becomes aware that these violate these GTCs, applicable law, public decency or the rights of third parties.
Self-Publishing is entitled to object to uploaded digital books and cover images due to insufficient quality of the image material and to delete them from the self-publishing.com website.
Authors can remove their digital books from further sale on the self-publishing.com website at any time.
Self-Publishing is entitled to fulfill orders from users that were completed prior to the deletion or removal of the book. The removal of digital books from self-publishing.com applies exclusively to the future and not to users who have purchased digital books prior to the removal.
Self-Publishing is not obliged to check the digital books and cover images posted on self-publishing.com and therefore accepts no responsibility for the quality of the content posted, its legality and completeness.
2.3 Acquisition of licenses for digital books and setting up an account
The contract for the purchase of licenses is concluded directly between the users concerned without the involvement of Self-Publishing. Self-Publishing is not liable for any disruptions in the performance of the contract between the users.
Uploading the digital book is deemed to be an invitation to other users to submit an offer to conclude a contract. When registering for the first time, the potential buyer must enter the data specified in the registration screen and select a payment method. By clicking the "Save" button, the data is saved. The user can correct the data entered by pressing the "back" button on their browser.
With the registration and its confirmation by the user as part of the so-called double opt-in process, the user confirms that he/she is of legal age and has unlimited legal capacity. Acceptance by Self-Publishing in the form of the provision of an account is subject to verification by Self-Publishing.
There is no entitlement to registration. Self-Publishing may reject a registration at any time and without giving reasons. Self-Publishing reserves the right to delete an account for which the data has been submitted incompletely or incorrectly or if the account is not used in accordance with these GTC.
The user is obliged to correct the data provided in his account immediately if it has changed. The user is obliged to inform Self-Publishing immediately if a third party has gained knowledge of the password for the registration.
After the user has clicked on the "Continue" button, they will be asked to select the payment method and, under certain circumstances, to enter their bank details. By clicking on the "order with obligation to pay" button, the user submits a binding offer to conclude a contract. Self-Publishing will immediately confirm receipt of the submitted order by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared. A contract is concluded at the latest when the user receives a further e-mail with a download link to download the ordered digital book.
2.4 Payment; due date
The license price is in euros, including the applicable value added tax, if applicable. The license price is due for payment immediately upon conclusion of the contract.
Only the payment methods displayed to the user during the order process are accepted.
2.5 Downloading the digital book
Once the contract has been concluded, the user will receive an e-mail containing a link to download the digital book.
Any connection costs incurred are to be paid separately by the customer to his service provider.
- Granting of rights
The author grants Self-Publishing a simple right of use to the content uploaded to self-publishing.com for the purpose of fulfilling the obligations arising from the contract of use in accordance with the provisions of these GTC.
The right of use expires as soon as the contract of use has been terminated by one of the parties and/or if content has been deleted from the self-publishing.com website by one of the parties.
However, Self-Publishing is entitled to fulfill orders for digital books that are pending at the time of termination/deletion after the termination of the user agreement or after the deletion of content.
Self-Publishing is authorized to edit the content uploaded by authors to self-publishing.com so that it can be displayed on mobile devices or software applications.
The author grants Self-Publishing free of charge a simple, temporally and geographically unlimited right to use the book titles of books uploaded to self-publishing.com for marketing measures of Self-Publishing or companies affiliated with Self-Publishing. The granting of rights includes in particular the right to reproduce, make available to the public, edit and broadcast.
- Reviews
After registering, users can write reviews of the digital books and publish them on self-publishing.com.
If a digital book is deleted from the self-publishing.com website, Self-Publishing is also entitled to delete the reviews submitted for the digital book. Self-Publishing is entitled to delete reviews if the user breaches the user obligations specified in section 7 of these GTC when publishing the review.
- Termination
Users may terminate their account at any time and without notice in writing to the Self-Publishing address given above or by e-mail to [email protected].
Self-Publishing may also terminate the contract of use at any time by simply sending an e-mail to the e-mail address provided by the user.
- Copyright
The digital books are protected by copyright. The purchaser does not acquire ownership of the digital books. He receives the simple, non-transferable right to use the titles offered for exclusively personal use in accordance with copyright law in the manner offered in each case.
The purchaser is permitted to download downloads once and to copy them exclusively for personal use on their own end devices of their choice. Furthermore, it is not permitted to change the content or editorial content of downloads in any way or to use modified versions, to copy them for third parties, to make them publicly accessible or forward them, to post them on the Internet or in other networks for a fee or free of charge, to imitate them, print them out, sell them on or use them for commercial purposes.
Self-Publishing is entitled to change, interrupt or discontinue the download option at any time, either temporarily or permanently. Self-Publishing is entitled to delete individual downloads from the user's account if there is an important reason, in particular in the event of disputes about any legal infringements. The possibility of deletion does not apply to downloads that are already stored on the user's own storage location, e.g. the user's PC or eReader, after the user has downloaded them.
- Obligations of the user
By agreeing to these GTC, the user undertakes not to violate any applicable laws when using self-publishing.com and to comply with the following obligations. The user undertakes:
- Not to pursue any fraudulent intentions;
- Not to make false or misleading statements;
- not to publish any content or undertake any activities that violate applicable law, the rights of third parties (in particular copyrights and personal rights), common decency or these GTC;
- Not to publish any content that is insulting, threatening, abusive, damaging to reputation, glorifying violence, shocking, discriminating, inciting hatred, racist, pornographic, inhuman, immoral, extremist, harmful to minors, to call for such activities on self-publishing.com and to link and advertise such content on self-publishing.com;
- Not to engage in spamming;
- Not to undertake any activities that spread viruses, Trojan horses, worms or similar mechanisms on self-publishing.com that interfere with the operation of self-publishing.com;
- Not to post content on self-publishing.com or engage in activities to promote other websites or their content if those websites offer services similar to those offered by Self-Publishing.
- Operation of self-publishing.com
There is no claim to a certain availability of self-publishing.com. Due to maintenance work or for other reasons, the availability of self-publishing.com may be restricted in whole or in part, temporarily or permanently.
Self-Publishing is entitled to discontinue the services offered in whole or in part, temporarily or permanently, or to restrict access for maintenance, security or capacity reasons.
There is no entitlement to use the services available on self-publishing.com.
- Liability
As the platform operator, Self-Publishing is not involved in the contracts concluded via self-publishing.com either as a contractual partner of a user or as a representative or vicarious agent or in any other way. Self-Publishing accepts no liability for damages relating to the contractual relationship between users. Self-Publishing is also excluded from liability if a contract cannot be concluded or processed in full or at all due to the deletion of a user's account. Liability for the consequences of limited availability of self-publishing.com and any resulting effects on the conclusion of the contract is also excluded.
Self-Publishing assumes no liability for the accuracy, timeliness, completeness or quality of the content published by users. Self-Publishing also does not adopt this third-party content as its own.
Self-Publishing is liable to users without limitation for damages resulting from injury to life, body or health, as well as for damages resulting from an intentional or grossly negligent breach of duty by Self-Publishing or its legal representatives or vicarious agents. Self-Publishing shall also be liable in the event of fraudulent intent, damages under the Product Liability Act and in the event of the assumption of a guarantee. In the event of a slightly negligent breach of material contractual obligations, Self-Publishing's liability shall be limited to the amount of foreseeable damages typical for the contract. Otherwise, liability for slight negligence is excluded.
Although Self-Publishing makes every effort to keep the self-publishing.com website free of viruses, no guarantee can be given that self-publishing.com does not contain viruses or other harmful elements. Before downloading content, the user should therefore ensure that appropriate security measures and virus scanners are in place for their own protection.
- Exemption
The user shall indemnify Self-Publishing against all claims asserted by other users or other third parties against Self-Publishing due to infringement of their rights by content posted by the user. The user shall bear the costs of the necessary legal defense of Self-Publishing, including all court and attorney's fees in the statutory amount.
This does not apply if the user is not responsible for the infringement. The user undertakes to provide Self-Publishing immediately, truthfully and completely with all information necessary for the examination of the claims and legal defense in the event of a claim by third parties.
- Collection of personal data
The collection, processing and use of personal data by Self-Publishing is carried out in accordance with the applicable data protection regulations. The Data protection regulations are part of the subject matter of the contract.
- Final provisions
Swiss law applies to the contract and the use of self-publishing.com. If the customer is a consumer, the law of the customer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved.
If the customer is a merchant, Zug shall be the exclusive place of jurisdiction for all claims in connection with the business relationship.
All declarations made within the scope of the contract of use to be concluded with Self-Publishing must be made in text form or by e-mail.
The postal address is:
The Self-Publishing Company GmbH, Rosenbergweg 7a, CH- 6300 Zug
E-Mail:[email protected]
The e-mail address provided by the user in the user's contact details is deemed to be the user's delivery address.
These GTC are valid from their publication on self-publishing.com and with regard to each individual user from the moment the user uses the services of Self-publishing or by registering the user on self-publishing.com or at the latest by his declaration of consent, with which he confirms the validity of the GTC. Self-Publishing reserves the right to amend these GTC at any time and without stating reasons. The amended terms and conditions will be notified to the user by e-mail or in another suitable form at least four weeks before they come into force. If the user does not object to the validity of the new GTC within four weeks of receipt of the e-mail or after a reasonable opportunity to take note of them, the amended GTC shall be deemed accepted. Self-Publishing shall inform the user separately of the significance of this four-week period in the e-mail containing the amended terms and conditions. This fiction of consent shall not apply to a change to these GTC that affects the main performance of the contract if this would result in an unfavorable imbalance between performance and consideration to the detriment of the user.
Status 04/2019