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StreetLib Write 20211013 en

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0% found this document useful (0 votes)
37 views6 pages

StreetLib Write 20211013 en

Uploaded by

isrealobe2
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 6

TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES

(WRITE S.A.A.S. – AUTHORS AND PUBLISHERS / hereinafter just “PUBLISHER”)

WHEREAS
a) StreetLib S.r.l. (hereinafter “SL”) is a company providing services related to digital publishing
and production of ebooks in different digital formats;
b) SL is the owner of “StreetLib”, a computer platform via internet, which allows authors and
publishers, for professional purposes, to buy several publishing digital services, including in
particular the subscription service to a web application (hereinafter "Write") for text
editing and layout of professional ebooks and printed books, equipped with quality layouts
and technical specifications suitable for international sale in the most popular formats;
c) the Publisher, in its capacity as an author and/or publisher, wants to use Write for the titles
of its digital catalogue;
d) to this end, the Publisher has previously registered itself on StreetLib, creating his own
personal account for the use of the platform, accepting the relevant General Terms and
Conditions, a prerequisite for using Write.
Given the above, the Publisher and SL (hereinafter also referred to individually as "Party" and,
jointly, as "Parties") agree on what follows (hereinafter "Agreement"). For anything not expressly
specified in the Agreement, the General Terms and Conditions for the use of StreetLib apply.
Additional services may be integrated into the platform environment, and in such a case it will be
required to accept the related conditions.

1. SUBJECT OF THE AGREEMENT.


1.1. SL makes available to the Publisher through StreetLib, with reference to its digital catalogue,
the subscription service to Write, SL's online application software that allows editing and
pagination of the text, also accessible from the address https://writeapp.io/home. The service is
made available by SL to the Publisher only for professional purposes; should the user not be
interested into Write for professional purposes, she may contact SL at the following email address
[email protected] in order to get access to the service. The service is provided in "Software as a
Service (SaaS)" mode, which means that SL, as owner of the application software, develops,
operates (directly or through third parties) and manages the application made available to the
Publisher via web.
1.2. SL also offers the Publisher free technical assistance on the correct use of Write. Assistance is
provided to the Publisher by SL staff via email.

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2. TYPES OF SUBSCRIPTION. SL’S DISCLAIMERS AND WARRANTIES.
2.1. Write can be used, through StreetLib, in the form of a monthly or annual subscription. There
are several service levels available, with each of them having different tariff levels: Free,
Premium, Unlimited. The subscription validity period (monthly or annual), in relation to the
chosen service level, starts from the date on which Write is made available to the Publisher, upon
payment of the relative fee (just for paid service).
2.2. Except in the case of the Free plan, the monthly and annual fees available for each
subscription plan are indicated online at the following address https://writeapp.io/prices?lang=it.
Payment is made by credit card upon activation of the chosen subscription period. The credit
cards accepted by the payment system are indicated online in StreetLib.
2.3. SL hereby provides the Publisher, in connection with Write, with a license to use the
application software. The license is non-exclusive and non-transferable, and is granted to the
Publisher with the sole purpose of allowing the use of Write during the subscription period. SL
can monitor and verify the use of Write by the Publisher and compliance with the license terms.
2.4. Write is an application software owned by SL and the license herewith granted to the
Publisher does not constitute the transfer or sale of property rights relating to the application
itself, to each part of it and to any content. The contents of Write are the subject of SL's
intellectual and industrial property rights and are ruled by the laws in force. The Publisher will
refrain from any use of the contents of Write that is in contrast or in competition with SL’s
intellectual and industrial property rights.
2.5. SL makes Write available to the Publisher as it is in the factual and legal state without any
implicit or explicit warranty to the use. SL guarantees the correct execution of technical
interventions on Write aimed at maintaining the normal functionality of the application. To the
extent permitted by law, SL disclaims any other form of guarantee of the functioning and / or
suitability of Write. In particular, SL does not guarantee that the functionalities of Write meet the
needs of the Publisher, are continuous or error-free. SL is not liable for any prejudice that may
occur as a result of modification or improper use of Write by the Publisher. Malfunctions, data
loss, accidental diffusion of sensitive data and any other type of damage occurring as a result of
attacks by computer hackers or viruses are not due to SL. SL is not responsible for the
malfunction caused by non-compliance and / or obsolescence of the Publisher's equipment.
Write responds to the quality and technical specifications suitable for international sale in the
most popular formats, but its use does not imply the subsequent sale of the work, which remains
totally under the Publisher’s responsibility. SL does not manage or check the correctness of the

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content processed by the Publisher through Write (meaning by "content", by way of
non-exclusive example: photographs, logos, images, titles, text etc., which make up the work).
2.6. Without prejudice to the above, the Publisher acknowledges and accepts that SL's liability in
relation to Write is in any case limited to cases of wilful misconduct or gross negligence by SL in
the execution of the service, and cannot in any case exceed the amount paid by the Publisher for
the subscription in the period in which the damage has occurred.

3. PUBLISHER’S OBLIGATIONS AND RESPONSIBILITIES.


3.1. The Publisher is responsible for all actions carried out through Write and undertakes to use
the application for lawful purposes and in accordance with its normal use, in compliance with the
license granted by SL and in compliance with any law, regulation, rule current technique or
practice. The Publisher assumes the exclusive responsibility towards SL and towards third parties
in relation to the use of Write, as well as in relation to the ownership of intellectual property
rights and the lawfulness of the contents of its digital catalogue processed through Write. In
particular, the Publisher undertakes not to use Write in ways that may or are suitable for: i)
interfering with its normal operation; ii) allow the carrying out of illegal or fraudulent activities;
iii) harm SL or third parties. By way of example and not limited to, the Publisher is not allowed to
rent, lend, resell or otherwise transfer the license to use Write, make copies, disassemble, alter
or modify the application, create products or programs derived from the application, distribute
the application components for profit. The provisions of the General Terms and Conditions for
the use of StreetLib also apply between the Parties.
3.2. Should the Publisher be in breach of any of the obligations indicated above at points 3.1 and
3.2, she undertakes to indemnify and hold harmless SL, its directors, employees, affiliates and
collaborators, at the simple request of SL, from any damage or claim of third parties to any title.
The indemnity concerns any economic, image and reputational damage, including those for
damages or other payments to third parties, internal costs and legal costs, fines or penalties.
3.3. Failure to fulfil the obligations and commitments undertaken by the Publisher justifies the
suspension and / or blocking of the subscription, without prejudice to compensation for damage
that is in any way caused to SL.

4. TERMINATION OF THE AGREEMENT.


SL has the right to immediately terminate the Agreement or to immediately suspend the
provision of its services in case of breach of the Publisher obligations set forth in section 3 above.

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5. MAJOR FORCE, MAINTENANCE AND INNOVATION.
5.1. The Publisher acknowledges that, during the supply of services, there can be temporary
disabling of Write and/or StreetLib due to force majeure, instability or disconnection of the
internet connections with the Publisher’s devices, technical causes, maintenance, software
updates, activation for new functionalities.
5.2. SL shall not be responsible for any delays or breaches in this Agreement caused by any fact or
circumstances beyond its control.

6. OBLIGATIONS OF GOOD FAITH IN THE INTERPRETATION AND EXECUTION OF THE AGREEMENT -


INTEGRATION OF THE AGREEMENT.
According to the innovative nature of Write, the Parties reciprocally acknowledge that during the
term of the Agreement itself the Parties shall endeavour, in good faith and with the obligation to
safeguard mutual interests related to its execution, to produce any reasonable interpretation and
integration of it which may be requested by technical reasons, legislative innovations, novelties in
the application procedures of tax obligations, etc.

7. SIGNING OF THE AGREEMENT, TERM, COSTS AND NOTICES.


7.1. In order to activate the subscription, the Publisher selects the relevant item within StreetLib
and displays the contents of this Agreement online. The Agreement is deemed concluded
between the Parties at the time of its display by the Publisher, followed by the acceptance of the
entire content displayed by checking the boxes at the bottom of the text specifically dedicated to
this acceptance. The Agreement will be effective once payment has been made (for non-free
plans) and as long as the Publisher is entitled to use the application.
7.2. The Agreement will have an annual or monthly duration, depending on the subscription
period chosen by the Publisher, and will automatically renew upon expiry for equal periods, upon
payment of the relative fee (for non-free plans). For Premium or Unlimited paid plans, upon
expiry of the subscription period purchased by Publisher, SL will charge the renewal fee to the
credit card used by the Publisher at the time of service activation. The charge authorization is
granted unless the Publisher, before the expiration date of the subscription period, proceeds to
downgrade to the Free plan through the relevant functionality on the platform; in this case, no
amount will be charged to the Publisher and the features of the paid subscription plans will be
inhibited. The Publisher may at any time restore these functions upon payment of the relevant
subscription fee.
7.3. During the Agreement, the Publisher undertakes to communicate, for the entire duration of

Pagina 4 di 6
the relationship, its own data, accurate and complete, and any variation of the same, necessary
for invoicing and any tax or contractual obligations. Failure by the Publisher will justify the
suspension and / or blocking of the subscription, without prejudice for compensation for damage
that may still arise to SL.
7.4. Each Party shall bear its own respective costs incurred in relation to the negotiation,
preparation and execution of the Agreement.

8. ASSIGNMENT OF THE AGREEMENT.


StreetLib may assign or otherwise transfer the Contract to third parties, as well as the individual
rights and obligations arising from the same, upon simple written communication to the Publisher,
to be sent by certified email or registered mail, with notice of not less than 15 days with respect to
the date in which the assignment or transfer will be effective.

9. GOVERNING LAW AND JURISDICTION.


The Agreement is governed by Italian law, and it is subject to the exclusive jurisdiction of the
Italian Judicial Authority. Any dispute that may arise between the Parties under the Agreement will
be subject to the exclusive territorial jurisdiction of the Court of Milan.

***
The Parties declare that all the data exchanged and related to the execution of the Agreement
will be treated in compliance with current regulations and in compliance with the provisions of
the G.D.P.R. EU Regulation 2016/679 and Legislative Decree 196/2003 as amended by Legislative
Decree 101/2018.
The Publisher, as author and / or owner of the processing of the personal data of the authors,
also undertakes to respect, in the mentioned capacity, any legal obligation referred to in the
G.D.P.R. EU Regulation 2016/679 and Legislative Decree 196/2003 as amended by Legislative
Decree 101/2018.
***

O I declare that I have dully read and understood the entire content of this Agreement,
which I approve in all its provisions.

O I also declare that I specifically approve the following clauses, in all their points:
- 2. Types of subscription. SL’s disclaimers and warranties;

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- 3. Publisher’s obligations and responsibilities;
- 4. Termination of the Agreement;
- 7. Signing of the Agreement, term, costs and notices;
- 8. Assignment of the Agreement;
- 9. Governing law and Jurisdiction.

A copy of this Agreement will be stored in your account on StreetLib.

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