PubCoder Srl, based in Torino, via Cavour 11, shared capital of Euro 13,140, Tax Code and VAT Number IT 07199770962, registered at the Business Register of Torino under n. 1170614 (hereinafter “PubCoder“), is the owner of the website www.pubcoder.com (hereinafter the “Site“), which provides users with the download of a software (hereinafter the “Software“) that allows the creation of an interactive digital book (hereinafter, the “Service”).
By accessing the Users Area, the Registered User declares and warrants that: (I) he/she has carefully read the Terms of Service and Use and the Privacy, which forms an integral part; (II) he/she agrees to be bound by the Terms of Service and Use and he/she gives his/her consent to the processing of his/her personal data in accordance to the Privacy; (III) he/she is entitled to fulfill the Terms of Service and Use and the Privacy, which forms part thereof; (IV) he/she commits to comply with the Terms of Service and Use, as well as any law applicable to the relationship between the Registered User and PubCoder. Where the Registered User infringe these Terms of Service and Use, PubCoder reserves the right to remove his/her account and take any other necessary action to protect its rights and interests.
ARTICLE 1 – TERMS OF REGISTRATION AND ACCOUNT MANAGEMENT
1.1 To use the service, the user has to register, creating a personal account within the Users Area. Each Registered User can then use his/her personal account to download the Software, to contact the Technical Support Team, to report errors or Software’s bugs, to monitor his/her own activity and to buy, upon payment, Licenses (hereinafter, “Licenses”).
1.2 To register and to create the account, the user has to communicate some of his/her personal data to PubCoder. Each user agrees to provide only true data and update them.
1.3 The account security is the sole responsibility for the Registered User. The Registered User is also responsible for each and every activity performed in his/her account. The Registered User agrees to promptly notify to PubCoder every eventual non-authorized access and use of his/her own account.
1.4 Each Registered User can delete his/her account at any time, contacting PubCoder’s staff at email@example.com. PubCoder reserves the right to cancel accounts that are inactive for a long time and, at any rate, for more than 365 days.
2.1 The Registered User can decide to use on his/her PC the Software developed by PubCoder, thus becoming the direct user of the Software.
2.2 The Registered User can select, among the available versions in the Users Area of the Web Site, the Software version he/she wants to use on his/her PC.
2.3 PubCoder gives to the Registered User a non-exclusive license for the use of the Software (thereinafter “Software License Agreement”), if the User demands it in the Web Site, specifying the kind of Software he/she wants to use on his/her PC.
ARTICLE 3 – REGISTERED USER’S OBLIGATIONS
3.1 The Registered User agrees not to use the Service for the following purposes: (I) for any illegal or unauthorized purpose; (II) in violation of the rights of other Registered Users and/or third parties; (III) to falsify his/her own identity; (IV) to transmit worms and other viruses and/or any code of a destructive nature or otherwise suitable to interfere with the Site, service and Software operations; (V) for other purposes than those permitted under these Terms of Service and Use or in any other violation of these Terms of Service and Use or any applicable legal regulations.
3.2 The Registered User may not in any manner distribute copies of the downloaded Software.
3.3 The Registered User must select the Software’s version he/she wants to use among those provided by PubCoder. If the Registered User chooses to buy Licenses, he/she must pay the fee, calculated on the basis of the duration and the number of accounts acquired by the Registered User, according to the terms specified below in ARTICLE 9.
3.4 The Registered User will install the software on his/her PC. System requirements are updated on the download page; Internet connection may be required to verify license information.
3.5 The Registered User agrees to use the Software in subsequent versions and/or updates (as defined below) in accordance with the instructions provided by PubCoder.
3.6 The Registered User is and will remain responsible for the legality of the Files for Submission (hereinafter “File”) generated using the Software; nothing can be claimed against PubCoder by the Registered User in this regard.
ARTICLE 4 – OBLIGATIONS OF PUBCODER
4.1 PubCoder will maintain the Software and all of its possible new versions and/or updates made during the term of the Software License Agreement (hereinafter, the “Updates”), with the purpose that the software could be always downloaded by the Registered User, in the Users Area of the Site.
4.2 PubCoder is committed to eliminate any bug and/or malfunction of the Software as soon as possible, identified and/or reported by the Registered User, without prejudice to the PubCoder’s right to modify the Software in its own discretion and decide how and when each intervention shall take place.
ARTICLE5 – NON-EXCLUSIVITY
5.1 For the all Software License Agreement period, Pubcoder can cease, give a license or otherwise make available to third parties the Software and/or enter similar agreements with other parties.
ARTICLE 6 – INTELLECTUAL PROPERTIES
6.1 PubCoder grants the Registered User – for the sole purpose of the Service – a non-transferable, non-exclusive and revocable license to use the Service. In case of the violation of the Terms of Service and Use, the above license will be immediately revoked.
6.2 All the contents (hereinafter “Contents”) used by Registered Users to create interactive digital books by means of the Software, including but not limited to, texts, graphic, images, drawings, icons, photographs, clip videos, clip audios, interfaces, software, logos, titles, names, sounds, music, readings, exercises, code strings, are in the sole Registered User’s property.
6.3 With respect to Contents, PubCoder can and should be limited to their display for technical support activities and the creation of File. The Registered User shall authorize PubCoder only to keep a copy of the File to organize an online archive to be used by Registered User.
6.4 The industrial design rights concerning or connected to the Software and/or its Updates are the exclusive PubCoder property. The Registered User acknowledges that, as of now, he/she has nothing to claim from PubCoder regarding any reason or cause whatsoever.
6.5 Any reproduction, modification, creation of derivative works, redistribution or retransmissions of the Software and/or of the Updates is expressly forbidden and it will result in civil and criminal penalties. The Software and the Updates, their structure, sequence, organization and source code are the exclusive property of PubCoder and are therefore considered trade secrets.
6.6 Clauses 6.4 and 6.5 will survive the termination, for whatever reason, of the Software License Agreement and, therefore, the Registered User will be deemed responsible in case of violation of the above mentioned clauses, even if the facts, actions therein mentioned will be carried out by the Registered User in the ensuing ten (10) years after the termination of the Software License Agreement, for any reason.
6.7 When using the service, if the Registered User shares contents owned by other Registered Users and/or third parties, the Registered User declares and guarantees that he/she has obtained permission to share the contents from the rightful owner.
6.8 The Registered User can not upload, publish, send, transmit or share in any case third parties’ Contents without owner’s authorizations; he/she also undertakes to not use Contents (I) that are or can be inappropriate, offensive, discriminatory, obscene, vulgar and/or sexually explicit, and/or (II) able to violate or infringe other Registered Users’ rights or third parties’.
6.9. The Contents are (and will remain at the end of the Software License Agreement) a Registered User’s property.
6.10 The license will be different depending on the kind of Credits buyed by the Registered User.
ARTICLE 7 – PUBCODER’S LIMITATION OF LIABILITY
7.1 The users and Registered Users acknowledge that PubCoder assumes no liability about the use and availability of the Service and does not warrant that the Service will be provided without interruption, timely, safely and/or error free, nor that any Service errors will be corrected. PubCoder also excludes any warranty of marketability, suitability for specific purposes or quality of the Service.
7.2 The users and Registered Users acknowledges that all Contents publicly accessible or privately transmitted through the Service are the sole and exclusive responsibility of the Registered Users from whom such Contents originated. The user or Registered User is therefore solely responsible for any uploaded, published, sent or transmitted Content, in any manner or form through the Service.
7.3 The users and Registered Users acknowledge that, notwithstanding the provisions of ARTICLE 6.8 of the Terms of Service and Use, PubCoder does not and cannot control the Contents processed through the Service and that, consequently, the publicly distributed File may contain purely personal facts, opinions, advice, statements and recommendations which can also be devoid of any scientific authority, veracity and/or reliability. The users and Registered Users acknowledges that PubCoder will not be in any way responsible for the Contents used.
7.4 Subject to what is stated above, PubCoder reserves the right to remove or refuse the creation of File which, at its sole discretion, contain any Content that violates the Terms of Service and User or that could be in violation of any law applicable to the relationship between the user or Registered User and PubCoder.
7.5 The users and Registered Users declare and agree: (I) to hold harmless and indemnify PubCoder, as well as the subjects connected with it or controlled by it, its representatives, employees as well as any of its commercial partners and not from any claims for damages, legal costs included, that may result from Contents developed by the Registered User via Service and, in general, from any use of the Service by the Registered User, from any violation of the rules governing its use and/or any violation of third party rights due to the Registered User as a consequence of the use of the Service; (II) that PubCoder, as well as the subjects connected with it or controlled by it, its representatives, employees as well as any of its partners commercial or not, will not be responsible for any direct and/or indirect damages including, only as an example, damages for loss of data, resulting from the use or the impossibility to use the Service.
7.6 The users and the Registered User acknowledge that PubCoder cannot be liable for any damage, data loss, malfunction or other fact or circumstance that could lead to the malfunction, the hang or crash of the Registered User’s PC that is the direct or indirect result of the Software and / or any of its Updates, except for fraud or gross negligence of PubCoder.
ARTICLE 8 – DURATION OF THE SOFTWARE LICENSE AGREEMENT
8.1 The Software License Agreement is of indefinite duration, subject to the right of withdrawal to both parties, which must be notified in writing sending a cancellation, at least 15 (fifteen) days before the effective date of withdrawal, via e-mail to be sent to firstname.lastname@example.org.
8.2 Those agreements will however stay in place and binding if, by their nature and/or by the express will of the Parties, have value among parties themselves, beyond the termination of the Software License Agreement. In the event of termination of the Software License Agreement, there will be not, however, the revocation of the License by PubCoder.
ARTICLE 9 – COMPENSATION AND METHODS OF PAYMENT
9.1 If the Registered User uses the Software with a Trial License or an Invitation to a Team License, no payment will be due by the Registered User himself to PubCoder. The Registered User, nonetheless, will bear all the costs of access to the Internet net (including the tools to connect to the Internet, including those ones referring to a computer, a modem, and all other necessary devices for the web link) required to access the Service.
9.2 In case the Registered User chooses to buy a Personal or a Team License, the Registered User himself agrees to pay PubCoder to obtain a non-exclusive license to use with fee the Software, and its functionality and any updates (hereinafter “Payment”). The Payment that will be recognized by the Registered User to PubCoder consists of a variable amount, based on the amount of duration and autorized accounts by the Registered User.
9.3 The Payment must be made through the Site via the payment system established by PubCoder. Unless stated otherwise, the Payment to be paid is meant in Euro (€) excluding taxes. The Registered User will be solely responsible for paying any tax, duty and/or other rights as requested by the competent tax authorities or administrators. PubCoder charges VAT on the amount of the Payment only if required by the law of the Registered User’s country.
9.4 In the case the Registered User chooses to buy Licenses, will have the chance to choose among the purchase proposal made available by PubCoder to the service page of the Site (hereinafter “Purchase Proposal”). Every Purchase Proposal is formulated based on the amount of duration and authorized accounts. The services and the related Purchase Proposal referred to therein may be modified at the discretion of PubCoder at any time, by giving written notice sent by PubCoder to the Registered User.
9.5 In order to subscribe a Purchase Proposal, the Registered User will be required to provide PubCoder with the necessary personal data for billing and credit card information or other forms of payment, chosen by the Registered User. The Registered User agrees to provide PubCoder with truthful information and keep it up-to-date and complete over time.
9.6 Unless the Registered User has previously made payments in favor of, and confirmed by PubCoder, the Registered User authorizes PubCoder to automatically and immediately charge the form of payment selected by the Registered User at the time of choosing a Purchase Proposal. The Registered User assumes full responsibility for charges even if these charges, for whatever reason, would not succeed.
9.7 In the event that the selected form of payment by the Registered User is invalid, or the Payment is not carried out for any reason beyond the control of PubCoder, or the Registered User fails to make the payment within the agreed term, the Licenses relating to the selected Purchase Proposal will be suspended or cancelled at Pubcoder’s option.
9.8 Unless otherwise stated, payments made by the Registered User in relation to a Purchase Proposal are non-refundable.
ARTICLE 10 – CONSEQUENCES OF THE TERMINATION OF THE SOFTWARE LICENSE AGREEMENT
10.1 Within 15 days after termination or withdrawal, for any reason, of the Software License Agreement exercised by one of the Parties:
(a) the Registered User will delete the Software;
(b) In case PubCoder may keep record of User’s Content, and if required, any copies of the Contents will be transferred in digital format to the Registered User, and will then be destroyed them.
ARTICLE 11 – NON-ASSIGNMENT OF THE SOFTWARE LICENSE AGREEMENT
11.1 The Registered User shall not assign, in whole or in part, the Software License Agreement, out of the Team License account invitations set of rules or without the written consent of PubCoder.
11.2 PubCoder has the right to assign or subcontract to third parties the execution of the whole, or part of the modification and of the Software, without the Registered User’s prior consent.
ARTICLE 12 – MODIFICATIONS AND ADDITIONS TO THE TERMS OF SERVICE AND USE
12.1 PubCoder reserves the right, at its option, to modify, suspend and/or terminate these Terms of Service and Use, for the part concerning use of the Service, as well as to modify, suspend and/or cease the supply of the Service and/or any part of it at any time, for any reason, with or without notice to the Registered User. PubCoder will be not be deemed responsible for the suspension, modification or termination of the Service towards the Register User.
12.2 PubCoder will notify the Registered User if substantial changes are made to these Terms of Service and Use, for the part concerning the use of the Service, sending an e-mail or by means of a notice account; nevertheless, the Registered User is required to regularly check the Terms of Service and Use directly on the Site, at the web address https://www.pubcoder.com/terms-conditions.
12.3 The continued use of the Service constitutes agreement to any changes of the Terms of Service and Use; if the Registered User is not willing to accept these modifications, he/she must immediately stop using the Service.
12.4 PubCoder reserves the right to unilaterally modify the contents of these Terms of Service and Use, for the part concerning the Software License Agreement, communicating modifications to the Registered User by e-mail at least fifteen 15 (fifteen) days before the effect of these modifications. The modifications will be considered accepted after 15 (fifteen) days from the receipt of the previous communication, if the Registered User has not declared his intention not to allow such changes to these Terms of Service and Use for the part concerning the Software License Agreement. In this case, this statement shall have the same force and effect as a notice of withdrawal under ARTICLE 8 above.
12.5 Where PubCoder should, in the future, begin the provision of further services and predict specific conditions of use, the Registered User, who decides to take advantage of these services, will also be subject to the conditions of use specifically adopted by PubCoder.
ARTICLE 13 – PROTECTION OF PRIVACY (ITALIAN LEGISLATIVE DECREE N. 196/03)
13.1 The Parties acknowledge to have fulfilled verbally, one against the other, their respective information obligations under the Code regarding protection of personal data referred to multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation) (hereinafter “Privacy Code”).
13.2 The Registered User shall appoint PubCoder “external manager” for the treatment of data that it can and/or will know in the course of the use of the Software and/or its Registered User’s Updates on the Site. PubCoder will appoint the Registered User “external manager” for the treatment of the data that he may and/or will know in the course of the use of the Software and/or its Registered User’s Updates on the Web Site.
13.3. The features of the processing of personal data carried out by PubCoder are described in the following link that referring to the processing of personal data of PubCoder (https://www.pubcoder.com/privacy). PubCoder recommends anyone who wants to create his own account to first take vision and carefully read the information on the processing of personal data (https://www.pubcoder.com/privacy).
ARTICLE 14 – APPLICABLE LAW AND JURISDICTION
14.1 The Terms of Service and Use and any dispute or claim arising out of or in connection with it or their subject matter or formation (including non-contractual disputes or claims) will be governed by Italian law.
14.2 Any dispute or claim arising out of or in connection with the Terms of Service and Use or their formation (including non-contractual disputes or claims) shall be subject to the sole jurisdiction of the Court of Torino, Italy.
ARTICLE 15 – MISCELLANEOUS
15.1 These Terms of Service and Use constitute the only agreement between the Registered User and PubCoder regarding the mentioned articles, and supersedes any other agreement, written or oral, that had been previously established by the same parties.
15.2 The failure or delay in exercising a right conferred by law or conferred by these Terms of Service and Use on the behalf of PubCoder shall not constitute any waiver of such right or provision.
15.3 The Registered User gives his consent for PubCoder to transfer his obligations to companies or societies belonging or affiliated to the same group, controlled by itself or by a parent company, provided that a notification of such transfer is given beforehand.
15.4 The Registered User may not transfer to any third party its obligations arising from these Terms of Service and Use without the prior PubCoder written permission.
ARTICLE 16 – SPECIAL CLAUSES
Pursuant to and by effect of article 1341 of the Italian “Civil Code”, Registered User expressly accepts and endorses the following articles: Art. 3 (Registered User’s Obligations), art. 7 (PubCoder’s Limitation of Liability), art. 8 (duration, termination and survival of the Software License Agreement), art. 9. (compensation and method of payment); Art. 11.1 (Non-Assignment of the Software License Agreement by the Registered User), art. 11.2 (right to transfer the Software License Agreement for PubCoder), art. 12.2 (unilateral changes to the Terms of Service and Use) art. 14.2 (Exclusive jurisdiction).
Last Modified Date: 15 April, 2020