Terms
TERMS AND CONDITIONS OF PUBNiTO PLATFORMS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PRODUCT.
The following Terms and Conditions govern and apply to your use of or reliance upon this product ("PUBNiTO"). In this document terms such as “us”, “we”, “our” all refer to the “Company” that owns the platform.
Your access or use of PUBNiTO indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to PUBNiTO. Your continued use of PUBNiTO will be considered your acceptance to the revised Terms and Conditions.
PUBNiTO platforms are intended for presentation and training as well as temporary or transitional use for its owners. No books created, published, or given away are guaranteed to be perpetual and PUBNiTO owners might delete and reset the platform without prior notice.
1. AGE RESTRICTION
You must be at least 18 years old (or the age of majority where you reside, whichever is older) to use this PUBNiTO or any services contained herein. Your access or use of this PUBNiTO indicates your representation that you are either of the age of majority or use under your parent or guardian’s supervision and thereby they accept terms and conditions of this PUBNiTO. We assume no responsibility or liability for any misrepresentation of your age.
2. INTELLECTUAL PROPERTY
All copyrights and intellectual property of digital books presented and sold in our platforms belong to the Publishers. All intellectual property on PUBNiTO is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on PUBNiTO, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of us; All rights reserved.
3. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of PUBNiTO including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of PUBNiTO or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this PUBNiTO and the services offered on PUBNiTO. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.
4. ACCOUNT AND ACCOUNT USE
If your use of PUBNiTO requires an account identifying you as a user of PUBNiTO (an "Account"):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
5. PAYMENT
When you make a purchase on PUBNiTO, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
6. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on PUBNiTO. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
We grant you access to the third party Publishers’ content (books) via this platform. We do not provide any of our own content to you and act only as a platform / service for connecting the you to the Publishers. Payment from you is placed into our trust account for distribution between us and Publishers as per the Publisher’s Agreement with us.
To be clear, sales/transactions occur between a Publisher and you without input from us; We receive funds after sales confirmed between Publisher and you. We then distribute this according to Agreement between us and Publisher.
7. DELIVERY
For the sale of digital products, we will charge your credit or debit card when the product is made available to you for digital use and/or download.
For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:
support@pubnito.com
Sales are final and no refund is provided.
8. ACCEPTABLE USE
You agree not to use PUBNiTO for any unlawful purpose or any purpose prohibited under this clause. You agree not to use PUBNiTO in any way that could damage PUBNiTO, the services or the general business of the Company.
You further agree not to use and/or access PUBNiTO:
a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
9. PROTECTION OF PRIVACY
Through your use of PUBNiTO, you may provide us with certain information. By using PUBNiTO, you authorize us to use your information in Canada and any other country where We may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our PUBNiTO, we may also receive information from external applications you use to access our PUBNiTO, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our PUBNiTO, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
10. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on PUBNiTO;
b) Violate the security of PUBNiTO through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
11. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of PUBNiTO is at your own risk.
12. INDEMNIFICATION
You defend and indemnify the Company and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of PUBNiTO, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.
13. SPAM POLICY
You are strictly prohibited from using PUBNiTO or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
14. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party PUBNiTOs or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our PUBNiTO.
15. VARIATION
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
16. SERVICE INTERRUPTIONS
We may need to interrupt your access to PUBNiTO to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to PUBNiTO may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
17. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of PUBNiTO, effective at any time, without notice to you, for any reason, including because the operation or efficiency of PUBNiTO or our or any third party's equipment or network is impaired by your use of PUBNiTO, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of PUBNiTO, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to PUBNiTO.
18. NO WARRANTIES
Your use of PUBNiTO is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that PUBNiTO will meet your needs or that PUBNiTO will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on PUBNiTO or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of PUBNiTO is your sole responsibility and we are not liable for any such damage or loss.
19. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of PUBNiTO.
