Issuu additional terms to EU Publishers
ISSSU INC'S ADDITIONAL TERMS TO EU PUBLISHERS ON THE RIGHTS GRANTED TO PUBLISHERS IN ACCORDANCE WITH THE REGULATION (EU) 2019/1150 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 20 JUNE 2019 ON PROMOTING FAIRNESS AND TRANSPARENCY FOR BUSINESS USERS OF ONLINE INTERMEDIATION SERVICES ("P2B REGULATION").
1.1 In accordance with the P2B Regulation, Issuu Inc ("Issuu" or "We"), as provider of an online intermediation services to be found on www.issuu.com and its corresponding App for IOS and Android ("Issuu Publisher Service"), by these terms hereby undertakes to comply with the P2B Regulation by way of the below undertakes to its Publishers (Business User/Business Users) domiciled (established or residing) within the European Union.
1.2 These terms need not to be accepted by the business user to take effect, as these terms do not convey any obligations on the business users.
1.3 These terms apply the same definitions as in article 2 in the P2B Regulation and subsequent the definitions contained in the Terms of Services for Publishers to be found here.
1.4 In the event of a conflict between the provisions of these terms and those of the Terms of Publishers, the provisions of these terms will prevail Service for.
2. ADDITIONAL REGULATION TO PROTECT THE BUSINESS USER
2.1 The grounds for Issuu's decisions to suspend or terminate or impose any other kind of restriction upon, in whole or in part, the provision of Issuu Publisher Service to Business Users are included in the Terms of Service for Publishers, section 5.
2.2 We do not have any additional distribution channels and potential affiliate programs through which we market goods and services offered by Business Users.
2.3 We refer to Section 6 of our Terms of Service for Publishers on the ownership and control of intellectual property rights of Business Users, as this section regulates the nature of the license you grant Issuu and the customers.
2.5 We will not impose any retroactive changes to our Terms of Service for Publishers except when the changes are required to respect a legal or regulatory obligation or when the retroactive changes are beneficial to the Business Users.
2.6 We will only make changes to Issuu Publisher Service, that in our reasonable judgment requires a Business User to make technical or commercial adaptations, after the expiry of a fair notice period.
2.6.1 A fair notice period is a period that in our reasonable judgment will normally allow an average Business User to make the necessary changes to continue to use Issuu Publisher Service.
2.7 We do not keep a copy of a Business User's content, expect on our backup facilities. We do, however not use the backed-up content for any commercial purposes.
3.1 We provide Business Users with the ability to ensure that their identity is clearly stated when someone views or downloads their content. We do this through functionally on Issuu Publisher Service and by the use of our embeddable reader.
3.2 It is however up to each Business User to make use of the provided functionality in the manner that suits the Business User best.
4.1 When a consumer makes a search for content on Issuu Publisher Service, we use the following main parameters when deciding how the content is ranked and presented in the search:
4.1.1 Document name, Publisher name and Document description
5. ANCILLARY GOODS AND SERVICES
5.1 We do not sell any ancillary goods or services when a Business User's content is displayed or sold.
6. DIFFERENTIATED TREATMENT
6.1 We treat all content in the same way.
6.2 We may however promote paid content over free content.
7.1 A Business User has full control over its content, as further regulated in our Terms for Service for Publishers. In particular in section 6.2.
7.2 We have access to all data on Issuu Publisher Service including all personal data and any other data created by users including Business Users.
7.4 A Business User cannot access any other data generated by its use of Issuu Publisher Service.
7.5 We may use the generated data to produce additional services to Business Users and to improve Issuu Publisher Service including its performance.
7.6 If we utilize the generated data as part of our services to Business Users, a Business User may access such a service against payment or as otherwise agreed.
7.7 We do not provide any data generated on Issuu Publisher Service to any third parties. We may however use third parties to process the generated data on our behalf.
8. RESTRICTIONS TO OFFER DIFFERENT CONDITIONS THROUGH OTHER MEANS
8.1 We do not restrict a Business User's ability to offer its content uploaded to Issuu Publisher Services on different terms then the terms offered on Issuu Publisher Service.
9. INTERNAL COMPLAINT-HANDLING SYSTEM
9.1 If a Business User has any complaints concerning the operation of Issuu Publisher Service, the Business User may use the complaint form and launch a complaint directly to our Complaint Officer.
9.2 Once our complaint officer has received the complaint it will be processed and decided upon, normally within 30 days, unless we need additional information. The Complaint Officer is authorized to
decide on a complaint by himself/herself on behalf Issuu.
9.3 You may find information on the operation of our complaint system above the complaint form, including the total number of complaints lodged, the main types of complaints, the average time period needed to process the complaints and aggregated information on the outcome of the complaints.
10.1 We work with the following mediation institute:
10.2 If a Business User is not satisfied with the outcome of a compliant or do not want to make use of our compliant-handling system, the Business User is free to initiate a mediation process with one of the above institutes.
10.3 We commit ourselves, on the terms provided by either of the above mentioned mediation institutes, to be engage in an attempt to reach an agreement with the Business User on a settlement, out of court, of any disputes between the Business User and Issuu arising in relation to the provision of Issuu Publisher Service.
11. UPDATE OF THESE ADDITIONAL TERMS
11.1 We can update these additional terms with a notice of 15 days unless otherwise stated in these terms.
12.1 These additional terms to EU Publishers and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Denmark including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws.