**OVERVIEW**
This website is operated by Nexana GmbH. Throughout the site, the terms “we,” “us,” and “our” refer to Nexana GmbH. Nexana GmbH offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS**
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS**
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION**
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES**
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)**
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – CORRECTNESS OF INVOICE AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel purchase quantities
per person, per household or per order. These restrictions may include orders placed from or under
the same customer account or credit card and/or orders using the same billing and/or shipping address
. In the event we change or cancel an order, we will attempt to notify you by contacting the email and/or
billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders
that, in our sole discretion, appear to have been placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree
to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates,
so that we can complete your transactions and contact you as needed.
SECTION 7 – ADDITIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control or influence.
You agree that we provide access to these tools “as is” and “as available” without any warranties, representations or conditions
of any kind and without endorsement of any kind. We shall have no liability whatsoever arising from or related to your use of any additional
third party tools.
Any use of additional tools offered through the Website is at your own risk and discretion,
and you should ensure that you are familiar with and agree to the terms on which the tools are made available by the relevant third party provider(s)
.
We may also, in the future, offer new services and/or features through the Website (including, the
release of new tools and resources). Such new features and/or services shall also be subject to these
Terms and Conditions.
SECTION 8 – THIRD PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy thereof, and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties.
We are not liable for any damages incurred in connection with the purchase or use of any goods, services, resources, content or
other transactions made in connection with any third-party websites. Please read the third party’s policies and practices carefully
and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about
third-party products should be directed to the third-party provider.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit certain Submissions (e.g., contest entries) in response to our solicitation or without being Contest Submissions) or without solicitation by us, you submit creative ideas,
suggestions, proposals, plans, or other materials online, by email, by postal mail, or otherwise (collectively, “Comments”
), you agree that we may, at any time, without restriction
, edit, reproduce, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are
and will not be obligated (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene
or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third party, including but not limited to copyright, trademark, privacy or publicity rights
or any other personal or proprietary right. You further agree that your comments will not contain libelous, defamatory or
otherwise unlawful, abusive, hateful or obscene material, or contain any computer viruses or other malware that could in any way affect the operation of the Services or any related website or application. You must not use a false e-mail address, impersonate other people or mislead us or third parties as to the origin of any comments. You are solely responsible for your
comments and their accuracy. We are not responsible or liable for any comments posted by you or any third party.
SECTION 10 — Rights, Licenses and Responsibilities of Participants in the Human Stories Book Project**
1. Voluntary Submission and License Grant
By submitting their text through the Human Stories Book platform, the participant confirms that they are doing so voluntarily and knowingly. The participant grants the organizer a non-exclusive, irrevocable, perpetual and royalty-free license to use the text without territorial restrictions.
This license includes the right to:
— publish and distribute the text as part of a collection in print and digital formats;
— post the text on any online platforms, including but not limited to Amazon, Google Books, Apple Books, and social media;
— adapt, edit, format, and visually design the text (including for formatting purposes);
— use the text (or its excerpts) in marketing and promotional campaigns related to the Human Stories Book project and other initiatives of the organizer.
2. Responsibility for Text Originality
The participant is solely responsible for the originality, legality, and content of the submitted text.
By submitting the text, the participant confirms that:
— they are the author of the text or have full rights to distribute it;
— the text does not infringe upon the copyrights, neighboring rights, property or moral rights of any third party, and does not contain any unlawful, defamatory, discriminatory or harmful content.
In the event of claims from third parties regarding the published text, the participant agrees to resolve such claims independently and at their own expense, fully indemnifying the organizer.
3. Irrevocability After Publication
Once the text has been included in the final version of the collection and printed and/or distributed (including digitally), its removal or withdrawal is not possible, except in exceptional cases where the text may cause clear physical or mental harm to readers (all such cases will be reviewed individually by the site administration).
In such case:
— the participant must submit an official, reasoned removal request;
— if the request is approved, the participant agrees to compensate the organizer for all damages, including:
• contractual penalties and financial obligations to partners and users;
• costs of reprocessing the book;
• expenses related to the recall and destruction of printed copies;
• compensation for disruption of the publication process.
4. Exclusion of Organizer’s Responsibility for User Content
The organizer is not responsible for the content of the text published by the participant.
If a third party believes that a text violates their rights, they must take all reasonable steps to contact the author directly and attempt to resolve the issue themselves.
The Human Stories Book platform does not regulate the actions of the user-author but reserves the right to remove any text upon complaint by a third party if the text clearly violates laws, moral standards, or the rights of others. In all other cases, removal can only be initiated by the author.
5. Waiver of Claims and Legal Action
By submitting a text, the participant fully waives any claims against the organizer, including but not limited to:
— requests for remuneration or compensation;
— claims related to editing, translation, reformatting, or marketing use of the text;
— the right to initiate any legal action against the organizer or related parties.
6. Applicable Law and Jurisdiction
All disputes and legal issues related to participation in the Human Stories Book project shall be resolved in courts at the place of the organizer’s registration, and shall be governed by the laws of Switzerland.
7. Rights Retained by the Author
The participant retains:
— moral rights, including the right of authorship and the right to be named (if a name is provided);
— the right to use their text in other projects and publications, provided that the license granted to the organizer remains non-exclusive.
8. Additional Limitations of Organizer’s Liability
The organizer is not responsible for:
— inability to participate due to technical errors or connection issues;
— loss of access to the participant’s account, including but not limited to loss of password or email control.
SECTION 11 – PERSONAL DATA
The transmission of personal data via the store is subject to our privacy policy. Please read our
privacy policy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally our site or service may contain typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. We
reserve the right at any time and without prior notice (including after you have submitted your order) to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders if any
information relating to the Service or on any related website is incorrect.
We undertake no obligation to update, amend or clarify any information relating to the Service or on
any related website, including, but not limited to, pricing information, except as required by law.
Any update dates indicated with respect to the Service or on any related website should not be taken to indicate that all information with respect to the Service or on any related website has been changed or updated.
SECTION 13 – PROHIBITED USES
In addition to any other prohibitions set forth in the Terms and Conditions, you are prohibited from using the
website or its content for any of the following: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts;
(c) to violate any international, federal, state, provincial or federal regulations, rules, laws or local ordinances; (d)
to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass,
abuse, abuse, insult, injure, defame, libel, slander, intimidate or discriminate based on sex,
sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or
misleading information; (g) to upload or transmit viruses or any other form of harmful code that may in any way affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track personal information
of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any
obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other
websites or the Internet. We reserve the right to terminate your use of the Service or any
related website if you violate any of the Prohibited Uses.
SECTION 14 – DISCLAIMER; LIMITATION OF LIABILITY
We make no warranty, representation or guarantee that the use of our service will be uninterrupted, timely,
secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may from time to time remove the Service indefinitely or discontinue it at any time without notice to you
.
You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services offered to you through the Service are (unless expressly stated by us
) provided to you “as is” and “as available” for your use, without any representations, warranties or
conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, non-infringement or non-infringement of
rights of third parties. In no event shall Nexana GmbH, our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct,
indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits,
lost revenues, lost savings, loss of data, replacement costs or similar damages, whether based on
contract, tort (including negligence) or strict liability, or otherwise arising out of
the use of the Service or any products obtained through the Service, or for any other claim in any way related
to the use of the Service or any product, including but not limited to errors or omissions in any content
or any loss or damage of any kind incurred as a result of the use of the Service or any content (or products) posted, transmitted or otherwise made available via the
Service, even if advised of the possibility thereof.
Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages,
in those countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nexana GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these
Terms of Service or the documents they incorporate by reference, or your violation of any
law or the rights of a third-party.
SECTION 16 – SEVERABILITY CLAUSE
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions
, such determination shall not affect the validity and enforceability of any remaining
provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this
Agreement for all purposes.
These Terms and Conditions are effective until terminated by either you or us. You may terminate these
Terms and Conditions at any time by notifying us that you no longer wish to use our services or if you discontinue using
our website.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any provision of these Terms and Conditions,
may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including
termination date, and/or we will deny you access to our Services (or any part thereof).