Terms of Service

  1. General provisions
    1. The below General Terms and Conditions apply to the i-Magazine AG websites, all related services and any applications between i-Magazine AG ("iMAG"), the publisher (the "Publisher") and the user (the "Reader"). "Publishers" means all individuals who publish contents on YUMPU Publishing; "Readers" means all individuals who view contents on YUMPU Publishing. YUMPU Publishing services are referred to as the "Services" or the "Subscription". When talking about Publishers/Readers, subscribers or consumers, we always refer to all sexes.
    2. If Publishers/Readers are individuals, they confirm that they are at least 18 years old. iMAG concludes no contracts with individuals younger than 18.
    3. If Publishers/Readers accept these Terms and Conditions on behalf of a legal person, they hereby guarantee towards iMAG that they have the authority to bind that legal person and that such legal person is bound by these Terms and Conditions, the Privacy Policy and all other provisions governing the use of the iMAG Services.
    4. The below Terms and Conditions represent the basis of all offers, deliveries and services; upon opening an account for this Service, they also apply to all subsequent transactions. We accept other terms and conditions only to the extent that they comply with iMAG’s Terms and Conditions or that iMAG expressly makes them the basis of the respective contract or service in writing in individual cases.
    5. iMAG reserves the right to regularly adjust the Terms and Conditions. After significant amendments, iMAG Publishers/Readers are prompted to accept the amendments to continue their use of the Services. Minor amendments take effect upon publication. The version as amended and published on the portal at www.yumpu.com applies. By using the access data (log-on), Publishers/Readers accept the Terms and Conditions as amended.
  2. Contents
    1. All contents published on the website (texts, graphics, pictures, layouts etc.) are subject to copyright. Publishers are responsible for their own contents and shall ensure that they have all the rights and authorisations necessary to use these contents for the Services. iMAG is not liable for the accuracy, contents and appropriateness of the published contents or for any intellectual property rights in or related to such contents. iMAG assumes no liability for the contents of external links; the respective operators are exclusively responsible for them.
    2. Contents are generally freely accessible to everyone, but iMAG reserves the right to require prior registration to access certain contents.
    3. Posting/uploading contents and using certain functions require that Publishers/Readers provided their correct e-mail addresses in their user profiles. Uploaded contents are marked with the (public) usernames selected by the Publishers.
    4. Publishers/Readers undertake to treat as strictly confidential their accounts and their access data. If there is any reason to believe that Publishers/Readers can no longer guarantee the security of their accounts, they shall immediately inform the iMAG support team ([email protected]). iMAG will immediately close the account until the password or other access options were reset. This is of particular importance since Publishers may be held liable for all contents uploaded from their accounts.
    5. Publishers/Readers accept and understand that all publications and contents on the iMAG websites, on related Services and applications are created and uploaded by Publishers, both non-professionals and professionals, that iMAG does not own such uploaded contents and that iMAG is not liable for any publications and their quality.
    6. iMAG may modify the contents on offer at any time and, additionally, change, restrict, extend or discontinue its Services at any time.
    7. Publishers are exclusively responsible for all the contents they uploaded.
    8. Publishers guarantee that their contents are free from viruses, worms, Trojans or other malicious codes.
    9. Contents uploaded by Publishers in no way refer to potentially harmful, criminal third-party websites possibly posing a threat to the Readers or iMAG itself or causing damage in any form. Uploaded contents are free from harmful links and/or links which cause damage to the business.
    10. Contents uploaded by Publishers in no way violate or abuse third-party rights, including copyrights, rights in trademarks, patents or trade secrets, moral rights, data protection and/or publicity rights, intellectual property or any property rights, and they do not involve defamatory contents, violations of the right to privacy, advertisements or other third-party property rights.
    11. iMAG reserves the right to remove or deactivate uploaded contents at any time at its sole discretion without informing the Publishers.
    12. Also, iMAG may delete or deactivate uploaded contents if requested by third parties and subsequent to verification by iMAG. Every Reader may report such offence by clicking on the "Report misuse" button. iMAG follows up each report submitted to it and checks whether an offence was committed. For reasons of precaution, the contents are immediately deactivated to stop their distribution; subsequently, Publishers will be informed about this and asked for a statement. The contents will be finally deleted on an automated basis after a 7-day period, unless the Publisher provided his/her statement or the contents have already been deleted for certain reasons.
    13. iMAG is not liable for possible damage incurred by the individual making the report. YUMPU Publishing is a document hosting service provider not directly liable for the contents uploaded by Publishers. In this regard, iMAG also points out that the Publishers’ publicly accessible contents are regularly indexed by search engines and that iMAG has no influence on the questions of whether, where and for how long published contents may be stored and called off on and from search engine databases, even after deletion.
  3. Ownership rights
    1. iMAG or its affiliates own the contents of websites operated by iMAG – except for the contents published by a Publisher (PDF files, publications etc.).
    2. This applies to, including, without limitation, designs, interfaces, graphics, information, computer codes, source codes, products, software and brands/names used. All this is protected by international copyrights, commercial, patent and property rights and other applicable laws.
  4. General terms of use
    1. Publishers/Readers will use the services on offer only pursuant to the laws, in particular not in ways contrary to these T’s & C’s, and they will respect the rights of third parties, in particular data protection provisions and copyrights.
    2. iMAG reserves the right to follow up any cases of suspected misuse or material contract violations, to take appropriate precautions and to block Publishers/Readers from accessing the contents if there are reasonable suspicions. In the event of serious violations, iMAG may terminate the contractual relationship for cause. Payments for the use which iMAG had already received will not be credited or refunded.
    3. Publishers/Readers shall compensate iMAG for any damage which iMAG incurs due to such violation of duties. Liability of Publishers/Readers is limited to cases within their control.
    4. Publishers may delete their contents at any time. Should Publishers use a premium service and fail to pay the relevant invoice, the accounts will be temporarily deactivated. Therefore, Publishers no longer have access and cannot delete their contents without further ado. In special cases, they have to contact the support via [email protected].
    5. Any taxes, fees and costs shall be borne by the Publishers.
    6. All notifications from iMAG are delivered by e-mail, to which Publishers/Readers expressly consent.
  5. Communication, newsletter and advertising
    1. If Publishers/Readers open an account with YUMPU Publishing and want to use the Services, they are asked if they would like to receive the iMAG newsletter which includes book recommendations, news, tips and activities. This is voluntary; the newsletter may be deactivated or activated at any time by adjusting the Publisher’s/Reader’s account settings and by clicking on the "Unsubscribe" button included in the newsletter. The receipt of important information, such as password change requests, invoices, payments and the like cannot be deactivated.
    2. iMAG may use the Publishers’/Readers’ e-mail addresses for all types of communication, including Service notifications, requests, information on messages, reminders and other services provided by iMAG. iMAG’s newsletters include news about and from YUMPU Publishing and messages from selected Publishers about relevant news. Publishers/Readers using iMAG Freemium without paying any fees agree that iMAG may forward e-mail addresses to group companies so that they can also send newsletters to the Publishers/Readers. iMAG may make the e-mail addresses available to and/or use them for several customers.
    3. Publishers/Readers accept that, by using YUMPU Publishing, they receive advertisements on the platform relating to YUMPU Publishing or to third-party advertisers.
    4. All requests to iMAG shall be sent by e-mail or via a web form provided by YUMPU Publishing.
  6. Use of cookies
    1. iMAG uses cookies – small files containing configuration information. They help determine user-specific settings and implement special user functions. iMAG does not use such cookies to collect personal data. All website functions can be used without accepting cookies, but some user-defined properties and settings will not be available in this case. For more details, please refer to the cookie policy (https://www.yumpu.com/de/info/cookie_policy). iMAG distinguishes between "essential cookies" to ensure basic website functions, "functional cookies" to ensure website performance and "target-oriented cookies" to improve the user experience.
  7. Data protection
    1. iMAG refers to its Privacy Policy (https://www.yumpu.com/en/info/privacy_policy).
  8. Copyright information
    1. iMAG offers Publishers to convert PDF files into e-papers and publish them.
    2. Publishers are responsible for all contents which they upload. By consenting to these T’s & C’s, Publishers confirm that iMAG only provides the Services included in the product descriptions. Publishers are exclusively responsible for all contents uploaded via their account and the consequences of uploading them.
    3. Publishers confirm that they are the authors of contents which they published and/or that they dispose of all the rights required for publishing. All copyrights remain with the Publishers.
    4. Publishers expressly agree that Readers may view, copy, print and distribute e-papers at the below conditions. Depending on the product which Publishers chose as the iMAG Service, the rights listed above vary.
    5. Readers accept and respect the Publishers’ and/or the respective authors’ copyrights.
    6. Use for commercial purposes is excluded.
    7. Every copy of a document or a part thereof shall contain the copyright statement.
  9. Warranty
    1. iMAG operates the Services it offers with the greatest possible care and freedom from disruptions.
    2. iMAG is not liable for copyright infringements.
    3. iMAG does not guarantee that the Services it offers meet the Publishers’ expectations and, in particular, that the use of the database and the Service has any benefits for them.
    4. iMAG is not liable for any contents distributed by the Publishers or for damage resulting therefrom. iMAG neither assumes any liability as to the accuracy, completeness, reliability, topicality and usability of the contents. Publishers declare that they applied utmost care when researching into their contents and that they violated no copyrights.
    5. iMAG does not guarantee that the contents are published and available on the internet, but it makes all reasonable efforts to keep the Services accessible at all times. However, Publishers/Readers have no claim for constant availability and freedom from disruptions of iMAG’s Services. Downtimes due to maintenance, software updates and circumstances beyond iMAG’s control (such as technical issues with third parties; force majeure) leading to the Services on offer not being accessible on the internet cannot be excluded. iMAG is not responsible for them. Publishers/Readers have no claims for damages and/or warranty claims in the case of such downtimes.
    6. If total exclusion of liability is impossible, iMAG is liable only for cases of gross negligence and intent. Liability for consequential damages, loss of profits, loss of data and property damage is generally excluded.
    7. Product and company names are trademarks of their respective owners and exclusively used for information purposes. The contents may contain technical and other inaccuracies or typing errors.
    8. When it comes to third-party websites to which links included in this offer refer, the respective operators of such third-party websites are exclusively liable; iMAG is in no case liable for the contents of such third-party websites. It is possible to access iMAG pages, without iMAG being aware of this, from other websites by using links. iMAG accepts no liability for representations, contents or connections to other websites. iMAG is liable for third-party contents only if iMAG had positive knowledge thereof (i.e., also of illegal or criminal contents) and if it was technically possible and reasonable to prevent their use. iMAG, however, is not obliged to constantly check external contents.
  10. Expression of opinions in forums
    1. Since contents on forums constantly change, it is not possible for iMAG to view all posts, check their contents and directly and actively control them. iMAG therefore accepts no liability for the contents, accuracy and form of such posts.
  11. Illegal acts
    1. Publishers/Readers undertake to use iMAG’s Services and the contents published on iMAG pages only in accordance with these T’s & C’s and, in particular, to refrain from the following actions:
      1. using iMAG products for purposes other than those specified in these T’s & C’s;
      2. removing copyright labels or labels showing other rights;
      3. using iMAG Services in ways contrary to applicable laws;
      4. insulting, defaming or attacking other publishers/readers or misusing iMAG’s Services in other ways;
      5. modify, concealing or blocking contents already published and, in particular, removing or manipulating advertising and links;
      6. renting, selling, licensing or commercially exploiting in other ways any contents without the express consent of the author or of any other authorised person;
      7. removing, hacking, bypassing, deactivating, causing damage to or otherwise interfering with security-related functions of iMAG’s websites, related services, applications or uploaded contents, with any functions preventing or restricting the use or the copying of contents which can be accessed via iMAG and with any functions restricting the use of iMAG or uploaded contents or deliberately interfering with or causing damage to the operation of iMAG or the use by iMAG or by Publishers/Readers, including uploading or otherwise spreading viruses, worms, Trojans or other malicious code.
    2. iMAG reserves the right to terminate access to the use of YUMPU Publishing without prior notice if Publishers/Readers failed to remedy a material breach within 24 hours from being requested to do so by e-mail. Furthermore, iMAG reserves the right to claim damages.
  12. Fair-use policy
    1. Publishers/Readers do not use the iMAG Services for any purpose other than those provided by iMAG. Publishers/Readers may use iMAG’s products and Services in appropriate ways only. If Publishers/Readers use or exploit the Services in inappropriate ways, iMAG may request additional fees and, if necessary, close the account and terminate the business relationship. Inappropriate ways include the following, without being limited to this: excessive usage – more contents uploads than the average publisher. The product/service is excessively used so that other publishers/readers are prevented from using it in the way they want to. This leads to, among other things, Publishers causing additional costs for iMAG which the Publishers’ fees fail to cover. In these cases, iMAG reserves the right to deactivate the Publishers’ accounts after prior notification until a solution for this issue is found. This does not mean that Publishers are no longer obliged to pay the fees. If no solution is found, iMAG has the right to terminate the contractual relationship with the Publishers for cause. Payments for use which iMAG had already received will not be credited or refunded in this case.
    2. Publishers/Readers are not authorised to manipulate embedded codes and/or remove any backlinks. For the free Service, the embedded function is free only if backlinks are used. Should Publishers manipulate them in any way, they will be obliged to pay fees immediately.
  13. Services subject to charges
    1. iMAG currently offers Publishers various services on its platform (https://www.yumpu.com). All prices are net prices quoted in the currency selected by the Publisher/Reader, plus statutory value-added tax. Prices are valid until further notice and iMAG expressly reserves the right to make price adjustments. The "YUMPU Free" basic package is free of charge. All fees are paid in advance by using the payment method which the Publishers/Reader selected, with the fees being charged once the Service subject to charges was purchased. Publishers/Readers have the possibility to check and accept the fees which will be charged to them for any Services subject to charges before they use such service.
    2. iMAG reserves the right to reject the conclusion of contracts without giving reasons for this.
    3. In individual cases, iMAG offers Publishers special solutions which are not presented on the iMAG website. These are tailored enterprise solutions.
    4. Payment methods: Services can be paid for by credit card, PayPal or SEPA direct debit. If the selected payment method is permanently invalid for any reason, iMAG will collect the fees and any costs resulting from this by means of an invoice. Any fees for reclamations of overpayments or any chargebacks shall be borne by Publishers/Readers and will be charged on by iMAG.
    5. Reminders in the case of non-payment:
      Invoices issued by iMAG shall be paid by the Publishers/Readers without delay. If direct debits by iMAG are not possible, Publishers/Readers will immediately receive a first payment request after invoicing. After a couple of days, Publishers/Readers will be provided with another reminder if they failed to pay the amount in the meantime. In addition, the Publishers’/Readers’ accounts will be deactivated. After a few more days, a third reminder will be issued to the Publishers/Readers. Furthermore, iMAG suspends the respective Subscription. Following that, iMAG institutes a debt collection process with third parties which leads to additional costs to be borne by the Publishers/Readers. If Publishers/Readers had previously had a Subscription for which they had redeemed a price reduction coupon, this coupon is no longer valid from this moment on and Publishers/Readers have no right to use the coupon any longer.
    6. The billing period is 30 and/or 360 days.
    7. For security reasons, the Publishers’/Readers’ data is stored on different, encrypted servers after they purchased a Service subject to charges. Since this process can take up to 24 hours, iMAG asks for your understanding that termination of Subscriptions is possible only after this period expired.
    8. For certain Services subject to charges, iMAG grants a free trial period. During that trial period, termination is possible at any time. In the case of non-termination, the first direct debit is made at the end of the trial period. For Services subject to charges without a free trial period, the first direct debit is made immediately.
    9. The contracts (Subscriptions) are concluded for an indefinite period and may be terminated by Publishers/Readers and by iMAG for cause without giving reasons for this. In this case, the contract expires at the end of the relevant billing period.
    10. Upgrade: Publishers/Readers may order the next higher service levels at any time which will be activated immediately upon booking.
    11. Downgrade: Publishers/Readers may downgrade their subscriptions to lower service levels at any time. However, such downgrade will take effect only at the end of the relevant billing period. If Publishers/Readers downgrade to the free service and, thus, permanently terminate a product subject to charges, they have no claim for refunds and iMAG decides, at its exclusive discretion, whether and how payments already made are taken into account. Publishers/Readers may send a written request to iMAG within 30 days via e-mail (for identification purposes, such e-mail is to be sent from the e-mail account which was also used for registration with iMAG), in default whereof a possible claim for refunds finally lapses.
    12. Publishers/Readers may terminate Service subject to charges at any time by independently changing their account settings to submit an on-line declaration of termination. After successful termination, Publishers/Readers receive a double opt-out mail from iMAG for the purposes of security and verification. Termination is valid only if you click on the confirmation link contained in that e-mail. In each case, subscriptions shall be terminated prior to renewal to avoid that fees are also payable for the subsequent billing period. To be sure, Publishers/Readers should terminate at least 1 day prior to the beginning of a new billing period. Subscriptions will be renewed at the exact day and time when subscriptions were activated. If Publishers/Readers terminate on the correct day, but only after the time of the day when Subscriptions were activated, the billing period will be renewed and termination becomes effective only after the end of the subsequent billing period.
    13. iMAG occasionally adjusts its Services and prices to its changed needs. If iMAG makes contractual changes during the term of the contract, Publishers/Reader will be informed in good time.
    14. Reimbursements of overpayments made by Publishers/Readers shall be requested within 30 days in writing by e-mail. For verification reasons, this e-mail shall be sent to iMAG from the e-mail address which was also used for registration with iMAG; in default thereof, the claim for repayment against iMAG lapses. For such reimbursements, iMAG uses the same means of payment which had been used for the original transaction, unless otherwise expressly agreed.
    15. If the outstanding amount cannot be paid at the time of invoicing, iMAG may block the Publishers’/Readers’ access to their accounts or terminate the contract. Access can be restored only after any and all outstanding amounts, including any additional costs, were paid.
  14. Exclusion of the right to revocation
    1. iMAG is obliged to inform Publishers/Readers about their right to revocation. When purchasing digital services and/or contents, that period begins once the contract was concluded and amounts to 14 days. However, to prevent the digital services and/or contents from being used and, subsequently, being revoked as often as desired, special provisions apply to streaming and downloading services, which includes the Service of iMAG. The right to revocation lapses prematurely as soon as iMAG started contract execution, that is, as soon as Publishers/Readers are able to use the Service and/or access the contents. By their subscriptions, Publishers/Readers expressly agree that iMAG starts contract execution before the revocation period expired and that the right to revocation, as a consequence, lapses once Publishers/Readers log on to their web accounts for the first time.
  15. Special contractual provisions concerning Apple & Google Play Store
    1. Apple and Android products may only be used in accordance with the Apple and/or Google Play Store terms of use (general terms and conditions). When registering an app developer account, including the registration of the app, Publishers are provided with a link to the terms of use.
    2. Publishers confirm that they comply with these terms of use.
    3. Publishers accept that Apple and Google Play Store decide, on a case-by-case basis, whether an app is accepted or rejected.
    4. Hence, Publishers have no legal claim for their applications being accepted.
  16. Applicable Law
    1. The place of fulfilment and exclusive venue for all proceedings relating to the use of the iMAG Services and/or the existing contractual relationship is the court having subject-matter jurisdiction and located closest to the registered office of iMAG. Swiss law applies.

This document was last updated on March 21, 2022

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