Demo
Published: December 28th, 2023
1.1.
pomona innovation Ltd, Pomonastrasse 12b, CH-3930 Visp, registered in the Commercial Register of the Canton of Valais with the company number CH-600.3.018.760-2 („pomona innovation“) offers a cloud based editorial production and content marketing tool on <www.publishr.ch> (“Website”) as well as related services („Services“) including the creation and management of content („Content“), which is provided in the form of web and mobile applications or any other platform (all together offered as („publishr“).
1.2.
The publishr offerings of pomona innovation is available to persons for business purposes only (whether to self-employed professionals, companies or partnership vested with legal capacity) („Business Clients“), and not to individuals for private purposes.
1.3.
These Terms of Service („Terms of Service“) define the rules for using publishr exclusively. By registering on publishr.ch or using publishr, the Business Client accepts these Terms of Service. Any general terms and conditions of the Business Client are excluded and do not apply.
1.4.
A Business Client is entitled to invite employees, customers, potential customers or others to make use of publishr („Users“). However, the Business Client is fully responsible to pomona innovation for all Content uploaded, streamed, sent or otherwise made available by its User and/or activities of its Users, as the Business Client had uploaded, streamed, sent or otherwise made available such Content or acted on his own. Further, there is no contractual relationship between pomona innovation and Users, Business Client is solely responsible to its Users.
2.1.
Any use of publishr requires a prior business contract, whereby these Terms of Service are an integral part.
2.2.
The persons signing the contract on behalf of a Business Client must be over 18 years of age and guarantees to be authorized to bind the Business Client.
2.3.
The Business Client is obligated to provide all requested information correctly and to keep them accurate at all times during the Contract with pomona innovation. The Business Client is also obligated to keep credentials secret and protect them against unauthorised use by third parties. In case of misuse or loss of the credentials or in case of an appropriate suspicion, he must report the same to info@publishr.ch
The Business Client is responsible for all activities with his credentials.
2.4.
The Business Client is entitled to freely invite Users, inside as well as outside of his own organization.
3.1.
Offers published on the Website are non-binding. The registration for a demo meeting on the Website is not deemed to be a binding offer to use publishr. Upon a non-binding demo, pomona innovation provides a contract proposal to the Business Client. Upon the acceptance of the offer, a subscription contract between pomona innovation and Business Client is concluded (the „Contract“), to which these Terms of Service form an integral part.
3.2.
A Business Client may use publishr during one pre-determined trial run for free.
4.1.
The Business Client is solely responsible to fulfil the technical requirements for the use of publishr and the implementation on its platforms. Pomona innovation does not owe and/or provide any consultancy services in connection with the use of Storyshaker unless explicitly otherwise agreed. Newsroom provides support as specified on the Website to Business Clients using a paid subscription plan only.
4.2.
The use of publishr may differ depending on the hardware and/or software used by the Business Client and its User.
5.1.
The Business Client’s registration for a paid subscription plan requires valid billing and account information for credit card, debit or other payment systems, such as bank details, (each a „Payment Source“). The Business Client herewith authorizes pomona innovation to charge the Payment Source when payments for subscription plans are due.
5.2.
The payment for a subscription plan must be pre-paid. The Payment Source will be charged before the chosen paid subscription period starts and before a renewal period of subscription start according to the then current price list.
5.3
The price for the subscription plan depends on the price list published on the Website. The price determined in the subscription contract is binding.
5.4.
Publishr may amend the price list at any time. The price list applicable is available on the Website. The prices applicable at the time of application for subscription by the Business Client pursuant to Section 3.1 of these Terms of Service or renewal pursuant to Section 6.1 of these Terms of Service are binding.
5.5.
The stated prices are net prices excluding VAT. All other charges in connection with the use of publishr shall be borne by the Business Client.
6.1.
The Business Client may choose between Contract periods of one month and one year. The Contract chosen by the Business Client will automatically renew for the same periods (i.e. another month/year) each time the Business Client does not terminate the Contract at least 60 days before the end of the Contract period according to Section 6.2 of these Terms of Service.
6.2.
The Business Client may terminate a Contract at the latest 60 days before the end of the chosen Contract period or to the end of the renewal period. The Business Client can also change the length of the chosen Contract period before the end of the Contract instead of terminating the Contract. The termination of a Contract before expiry of the chosen Contract period is hereby excluded. The Business Client having used the trial run may unsubscribe from publishr anytime without notice by using the respective button in his account.
6.3.
The Business Client is entitled switch to a more expensive subscription plan (“Upgrade”) at any time and with immediate effect. A switch to a less expensive subscription plan (“Downgrade”) is only possible after the termination of the current subscription plan.
6.4.
Pomona innovation may terminate the Contract at any time with immediate effect for valid cause and without refund of the payments already made. A valid cause for immediate termination shall include, but shall not be limited to, any of the following events:
6.4.1.
the Business Client violates applicable laws or third party rights;
6.4.2.
the Business Client fails to comply with any terms of these Terms of Service;
6.4.3.
the Business Client fails payments due.
6.5.
The Business Client may also terminate the Contract at any time with immediate effect and without refund of the payments already made. Any termination declaration must be at least in text form (e.g. by letter, email) to pomona innovation Ltd, Pomonastrasse 12b-3930 Visp.
6.6.
After the termination of the Contract, pomona innovation will provide stored data from the account for a certain period (“Standby Period”) as specified in the subscription plan. After the termination of the Standby Period, Newsroom maintains backups for thirty (30) days before permanent deletion of any data of that Business Client and its Users.
7.1.
The Business Client shall use publishr for the purposes described in these Terms of Service and according to the functions described on the Website. Any other use, including but not limited to inappropriate or illegal use or manipulation is prohibited. It is particularly forbidden to use publishr to distribute illegal Content and/or Content that violates applicable laws and third parties rights, in particular but not limited to:
7.1.1.
pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral Contents or to advertise, offer, or sell such products;
7.1.2.
malware;
7.1.3.
threats to others;
7.1.4.
Content that affects or infringes the rights of third parties, such as personality rights, copyrights, trademarks, patents, unless the Business Client has the permission of the right holder;
7.2.
Furthermore it is forbidden:
7.2.1.
to create multiple accounts for disruptive or abusive purposes;
7.3.
Pomona innovation is not required to check Contents uploaded, streamed, sent or otherwise made available by Business Clients and their Users. But pomona innovation reserves the right to check and delete any infringing Content according to this Section 7, terminate the Contract and/or suspend accounts of the Business Client that is violating any of these Terms of Service, in particular this Section 7.
8.1.
The Business Client is fully responsible for all activities using publishr via its account.
8.2.
The Business Client is fully responsible and liable for all Content uploaded, streamed, sent or otherwise made available by itself or its Users, and for payments of all fees and licences related hereto, such as royalty payments to any collection societies. The Business Client represents and warrants that any material, data, images, photos, videos, music and other Content uploaded or published via publishr or the use of publishr does not violate third party rights or any applicable law. Further the Business Client is responsible for compliance with the applicable data protection laws. The Business Client indemnifies pomona innovation from any claims, liability and costs (including legal fees) suffered by Newsroom due to a violation of these Terms of Use, in particular Sections 7 and 8.
8.3.
Pomona innovation will, to the fullest extent, comply with the instructions of authorities, courts and collection societies that request the disclosure of the identity and address of the person responsible for Content in violation of these Terms of Service. Furthermore, pomona innovation reserves the right to take legal action itself in serious cases.
9.1.
Although pomona innovation strives to keep publishr operational 24 hours a day, pomona innovation cannot be held liable if publishr is temporarily unavailable, nor for disruptions to features, delays in transmission or malfunctions.
9.2.
The transmission of data over the Internet is never fully secure. Although pomona innovation continuously takes appropriate steps to protect Business Client’s and User’s information, pomona innovation cannot guarantee the security of data. All data uploaded is at Business Client’s own risk.
9.3.
Pomona innovation is fully responsible for Content uploaded, streamed, sent or otherwise made available by pomona innovation. All other liability of pomona innovation is hereby waived to the extent permitted by law. This exclusion also applies to the liability of its employees, representatives, subcontractors and agents. In case of a defect of publishr for which Business Client is covered by mandatory liability of pomona innovation, the Business Client shall only be entitled to the reimbursement of payments already paid and pro rata temporis.
9.4.
Links to third-party websites are provided for Business Clients and Users convenience only. Pomona innovation has not checked such websites and is not responsible for their content or availability or any data collection through the operator of such websites.
10.1.
The Website and Software of publishr are protected intellectual property, whose ownership is and remains with pomona innovation. No rights are transferred to Business Client or User, unless explicitly agreed in writing.
10.2
Pomona innovation grants its Business Clients a limited non-exclusive, non-transferable license to access and make use of the publishr software (the „publishr License“). The publishr License does not include the right of any copying, resale, download, modification or other use outside the offered Services, as part or as a whole.
10.3.
Pomona innovation does not claim any ownership rights in Business Client’s Content. However by uploading, streaming, emailing or otherwise transmitting any Content to publishr, the Business Client hereby grants publishr the non-exclusive, worldwide, royalty-free, sub-licensable right to use, in particular to copy, modify, transmit, store, archive, display and publish the Content for the purpose of providing the Services.
The Business Client authorizes pomona innovation to use Business Client’s name/trademark for marketing purposes as reference on publishr's websites. The Business Client may withdraw such consent by writing an email to Storyshaker to .
12.1.
These Terms of Service and Contracts entered into between publishr and Business Client shall be governed by the substantive laws of Switzerland, excluding conflict of law rules and the UN Convention on the International Sale of Goods. Any disputes arising in connection with the use of publishr shall be subject to the exclusive jurisdiction of the ordinary courts at the headquarter of pomona innovation.
13.2.
Should any provision of these Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.
13.3.
Pomona innovation may amend these Terms of Service at any time. Pomona innovation will notify the registered Business Clients of changes. They become binding as per the next renewal date of the Contract and are deemed to be accepted by Business Client without termination.
