The following terms and conditions (the "Terms of Use") shall apply to your use of the websites www.publishgo.com and the PublishGo Customer Portals(together the "Websites") including any content, services and functionality offered on the Websites and regardless of whether you gain access to the Websites through the above URLs or any other URL that resolves to the Websites.
1. Website Passwords/Usernames: Access to and use of certain areas of the Websites are restricted to authorized users only. You are responsible for maintaining the confidentiality of the password and account. All consequences and losses relating to the use of your password and account, whether or not you have authorized that use, shall be for your sole account, including all placed orders and communication conducted with PublishGo or its affiliates. You agree to immediately notify PublishGo if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised.
2. License: If PublishGo grants you access to password restricted areas of the Websites, PublishGo grants you a non-exclusive, non-transferable, non-assignable and non-sublicensable right to use these areas. Said license shall be limited to (i) viewing the information and performance data, and (ii) using the features included in these areas for the ordinary course of your business. You shall observe each and any instruction of PublishGo regarding the use of said restricted areas of the Websites. PublishGo reserves the right to suspend or revoke, in its sole discretion, this license and to prevent you from accessing all or any portion of said areas of the Websites without liability on the part of PublishGo if (i) you act in violation of any of these Terms of Use, or (ii) if any of the PublishGo affiliates with whom you have entered into an agreement with for the provision of goods or services notifies PublishGo that it has suspended the provision of goods or services under such agreement or that such agreement has been terminated.
3. Unauthorized Access to Website: You agree (i) not to gain or attempt to gain unauthorized access to any password restricted areas of the Websites or to information contained in such areas of the Websites,(ii) not attempt to evade authentication or security procedures, (iii) not to access or use the Websites in any manner that could damage, disable, overburden, or impair PublishGo computer systems or networks, (iv) not to use any robot, spider, scraper or other automated means to access the Websites, and (v) not to assist, encourage or permit any other person to do any of the above things.
4. Hyperlinks: If the Websites contain hyperlinks to other third party websites, these links are provided for your convenience only. These hyperlinks will let you leave the Websites. PublishGo has no control over the contents of said third party websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
5. Copyrights and Database Rights: The information and materials contained on the Websites are protected by copyright and sui generis database rights. You must not use, copy, modify, transmit, store, publish or distribute the material on the Websites, or create any other material using materials on the Websites, without obtaining the prior written consent of PublishGo.
6.Trademarks: All trade names, logos, brand identities, slogans, service marks, and trademarks appearing on the Websites, are protected by EU and other (inter)national laws. You are not entitled to use such marks without the prior written permission of PublishGo Technologies.
7. Patents: The Websites, products, technology and processes contained in the Websites may be the subject to patents owned by PublishGo Technologies by third parties. No license is granted in respect of those intellectual property rights other than as explicitly set out in these terms.
8. Token: To use the PublishGo Self Service CMS (the "PublishGo CMS"), you must first sign up for an account from the trial or signup link. PublishGo Technologies will provide passkey(s)(the "Token(s)")upon successfully signing up. You are responsible for maintaining the confidentiality of the Token(s).All consequences and losses relating to the use of your token, whether or not you have authorized that use, shall be for your account, including all placed orders and communication conducted with PublishGo Technologies and its affiliates. You must immediately notify PublishGo Technologies if your Token is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised.
9. Unauthorized Access to Website: You agree not to access or use the PublishGo Technologies CMS in any manner that could damage, disable, overburden, or impair PublishGo Technologies computer systems or networks.
10. Non-use of Token: PublishGo Technologies may terminate or suspend your Token if it is not used for 3 consecutive calendar months.
11. Discontinuance: PublishGo Technologies reserves the right to discontinue the PublishGo CMS or any portion or feature thereof for any or no reason and at any time without liability to you. Upon any discontinuance, you must immediately stop and thereafter desist from using the PublishGo Technologies CMS.
12. Security: Each CMS Client Application must have adequate protections in order to keep secure and prevent the interception of Tokens or other data communicated through the PublishGo CMS
13. Modifications: PublishGo Technologies reserves the right to release modified versions of the PublishGo CMS and to require you to use the most recent version. If a modification is unacceptable to you, you must remove the implementation of the CMS from the CMS Client Application and discontinue use of the Token.
14. Responsibility: You are fully responsible for(a) the platforms and operating systems on which your CMS Client Application is distributed and used, (b) the information, data or instruction sent by the CMS Client Application through the PublishGo CMS, (c) the development of the CMS Client Application, and (d) the users of your CMS Client Application. PublishGo Technologies has no obligation to provide support to users for your CMS Client Application.
15. Indemnity: You will indemnify, defend and hold PublishGo Technologies its affiliates harmless from any third party claim (including reasonable attorneys' fees) relating to(a)any allegation that the CMS Client Application or the use thereof infringes the intellectual property rights of any third party; (b) your breach of these Terms of Service
16. Changes to Terms of Use: PublishGo Technologies may revise and update these Terms of Use from time to time at its sole discretion. PublishGo Technologies encourages you to check this page from time to time to take notice of any changes PublishGo Technologies has made. Your continued use of the Websites and PublishGo CMS following the posting of revised Terms of Use means that you accept and agree to the changes.
17. PublishGo Products and Services: These Terms of Use shall only govern your access to and use of the content and functionality offered by the Websites and the PublishGo CMS. PublishGo Technologies shall not be liable or responsible in any way for the provision or use of the services and/or products under said separate agreement. The Websites and PublishGo CMS may contain tools or features that can be used to communicate with any of these PublishGo affiliates regarding goods and services that you have ordered with these PublishGo affiliates (including but not limited to providing tools or features for providing instructions to these PublishGo affiliates, requesting support, and managing products or services). PublishGo Technologies involvement with regard to these tools and features shall be limited to enabling communication between you and the relevant PublishGo affiliates.
18. Liability: In no event shall PublishGo Technologies be liable to you for (i) any loss of profits, contracts or goodwill or any type of special, indirect, consequential or economic loss (including loss or damage suffered as a result of an action brought by a third party) caused by or resulting from any use of the Websites and/or the PublishGo CMS, (ii) any damages or losses caused by or resulting from any downloads obtained from the Websites or any use of any hyper-linked websites, (iii) any damages or losses caused by or resulting from the unavailability of the Websites or PublishGo CMS from time to time or from your inability to use or access the Websites and/or PublishGo CMS, (iv) any damages or losses caused by or resulting from any failure or omission of a PublishGo affiliate in connection with the provision of any of the PublishGo affiliate’s service or products, (v) any damages or losses caused by or resulting loss of data, and (vi) any damages or losses caused by or resulting from any inaccurate, incomplete or unsuitable information and materials communicated on the Websites or through the PublishGo CMS.
19. Exclusion of Warranty: Your use of the Websites and PublishGo CMS shall be at your risk and responsibility. Any communication made by you through the Websites and the PublishGo CMS shall count as a communication vis-à-vis a relevant PublishGo Technologies affiliate. PublishGo Technologies provides each of the Websites and the PublishGo CMS "as is" and "as available" and without any warranty or condition. Without prejudice to the generality of the foregoing, PublishGo Technologies does not warrant that the Websites or PublishGo CMS will operate without interruptions, be timely, secure or error-free, or that the information and materials communicated on the Websites or through the PublishGo CMS are accurate, complete or suitable.
20. Information: You represent and warrant that information you have provided and will provide to PublishGo Technologies on the Website and/or through the PublishGo CMS is true, accurate and complete, and that you will update this information in case of a change.