Terms & Conditions

Terms and Conditions

Last updated: October 19, 2019

N2o Srl, with offices in Livorno – 57125, Via C. Cogorano n°25, VAT number IT12941321007, would like to invite all the site’s users to read its terms of use reported hereinafter before making use of the services offered on the Crowdbooks platform.

This agreement establishes legally binding terms and conditions for using the website www.crowdbooks.com – N.B. In order to access the platform’s services, you must accept this document.

 

PREMISES

The company N2o s.r.l., with offices in Livorno – 57125, Via C. Cogorano n°25, VAT number IT12941321007 owns a web platform named Crowdbooks, which may be used by users to create and adhere to crowdfunding initiatives according to the reward based model, with the objective of favoring the support of books publishing proposed by private authors; to this end, Crowdbooks collects, catalogues and shares within the context of the different specific activities of the initiatives proposed by users. Said company collects data, received from interested parties, regarding projects, reward tiers, news and activity updates, biographical profiles and other information necessary and regarding the same, without processing the data in any way.

 

CONDITIONS

1. Premises and attachments
   The premises are an integral, substantive part of this contract.
2. Definitions
   The words which follow in this contract have the following meanings, whether used in the plural or singular. Crowdbooks: Crowdfunding platform owned by N2o Srl, accessible via the website https:// www.crowdbooks.com

User: Individual, company, association, body registered with the platform crowdbooks.com. There are two kinds of users:

The author: the recipient and beneficiary of a crowdfunding campaign on Crowdbooks.com. If a natural person, they must be over 18.

The reader: party registered to crowdbooks.com, potential donor to one or more crowdfunding campaigns on www.crowdbooks.com.

Project author: i.e. author Project proposal: draft of crowdfunding campaign uploaded onto Crowdbooks before the approval is given by the Crowdbooks Team.

Advisor: Crowdbooks team member who examines the project proposals received.

Approval: is the approval of the project before being posted by the Crowdbooks Team

Campaign: A project’s posting period, from the date it is posted until its deadline.

Campaign duration: Specific time span, between a minimum of 30 and a maximum of 90 days, during which the campaign is active on the platform.

Campaign deadline: The campaign’s last day of posting on the platform, which expires at the time established the day it is posted.

Goal: The target of the crowdfunding campaign is set in copies. When the goal has been reached the project is considered funded.

Funding criterion: the criterion according to which the campaign is considerable fundable, consisting in reaching a sum of copies preordered equal to at least the pre-established goal, by the deadline set on the day it is posted.

Posted materials: Campaign contents (project description) and anything else which is relevant (for example: campaign updates and author posts after first post and any further news, contents of connected pages which the author is responsible for when not the owner or reference).

Rewards: a copy offered to the readers that backed the project with their bids by the author, in exchange for a set amount indicated in the campaign contents.

Initiative: Any promotional activities, even if preordered by a third party, intended to support specific areas of the site www.crowdbooks.com This type of initiative is governed by specific regulations which integrate these terms and conditions and may act as an exception to them. They are considered accepted when the author requests backing for the individual initiative. Every regulation is available on a specific page.

Refund: the sum offered by the readers is refunded, if the supported project does not reach its crowdfunding goal. The platform is never responsible for the undelivered refund of the sum offered by the readers, when refunding is not possible due to causes attributable to the reader (current account closure and/or deactivation of the credit card which the payment was made with) or that are, in any case, not attributable to the platform.

3. Service description

The service supplied by Crowdbooks consists essentially in providing the author, on request, access to the crowdfunding platform where they may request their campaign, hereinafter known as project, to be posted, in order to seek potential sponsors. More specifically:

• The platform offers authors the chance to post, on selection, their own project, giving them the chance collect preorders of their books by site users (readers) during a time span defined “campaign” or project length, in order to reach a number of preorders (goal).

The company reserves the right to not post, cancel, interrupt or suspend a campaign at any time and at its own discretion, without the Project author being able to put forward any requests, claims or legal claims for compensation, reimbursements or anything else. Accepting changes to the required terms will be considered simple acceptance and the author cannot expect anything from Crowdbooks, holding it harmless, on all grounds in relation to third parties, for the changes made to materials.

The Platform offers Readers the chance to preorder one or more projects, by donating an amount of money, which must be transferable, in exchange for one or more copies of the book. The amount of money payed will be returned if the preordered book does not reach its pre-set goal, without prejudice to that provided for at the coming point 8 (Undelivered refund). All site users, readers and/or project authors acknowledge and accept that the obligation which N2o takes on towards users as regards projects posted on the platform consists exclusively in posting the project and thus it is a mere obligation of means. Users thus acknowledge and accept that the company cannot in any case and for any reason be held responsible for the failure of a project and/or initiative posted on Crowdbooks, indemnifying it from any and all responsibility. The company reserves the right, again and in any case, at its own discretion, not to post.

4. Acceptance of conditions

The Service is offered, on acceptance, with no changes whatsoever, of all the terms and conditions contained in this document, all the operating standards and conditions and/or systems which may be posted from time to time on the site by the Company. In order to use the site correctly, you must carefully read the information regarding privacy available at www.crowdbooks.com/privacy, and give your consent to the processing of data for the purposes indicated, as requested. All content and/or documents posted on www.crowdbooks.com may be updated, completely or partially revised, changed, reduced and/or integrated.

The Company will notify Users with the means it considers most suitable (e.g. banners, windows, specific emails, flashing claims, etc). Users are responsible for reading the updates given. When a registered user uses the site after the changes have been posted, they have accepted said changes. If any of the services offered via the Crowdbooks Platform are subject to particular terms and/or conditions that are necessary due to the particularity of the services themselves, the User wishing to make use of them must also accept the particular terms and conditions.

5. Admitted parties

All natural and legal persons, public and private persons (partnerships and corporations, associations, foundations, local bodies, other public bodies, etc.) may post on the site Under-18s may not post on the site, even with the permission and under the supervision of parents/guardians. Natural persons, legal, public and private persons (partnerships and corporations, associations, foundations, local bodies, other public bodies, etc) may participate. The Company, in any case, reserves the right to deny site access to any natural or legal person where it considers appropriate, at its own discretion, and change the service admission criteria at any time without anyone being able to complain for this reason as regards losses, requests for reimbursement, compensation, and anything else.

6. Website registration procedure

On the website www.crowdbooks.com you may browse content freely, at no extra cost, without registering. If Users wish to make use of the services offered, you must follow the guided registration procedure, choosing a User ID and Password, which will them be used to access the platform.
N.B. After registration, certain services may be payable separately, with the costs and modalities hereinafter described.

On registration, the User must provide their details which must be truthful, complete and up-to-date. The User must also read the privacy information (www.crowdbooks.com/privacy,) and consent to the processing of their data for the indicated purposes. Failure to do so will entail the impossibility to register and use the services. All data provided at the User’s registration will be processed by the Company in compliance with the standards in force to provide the any services requested by the User, or for other purposes for which consent has been given. For this reason, the User is responsible for communicating to the Company any changes to their details, by accessing the Platform using their access data and updating their own profile data.

Specifically, all correspondence regarding the services offered on the Crowdbooks Platform and all instructions and information necessary for correctly using the platform and its services will be sent to the email address provided during registration.

For this reason, the User is responsible for notifying the company in good time of any modifications. Crowdbooks will not be responsible for services and/or correspondence which have not been received as a consequence of the user’s failures to update their data. The User must access the Platform exclusively using their own access data. As regards the User’s User ID choice, words which are offensive, vulgar or are contrary to decency or public order may not be used. The Company reserves the right, in any case, at its own discretion, to deny registration or cancel a User ID and its profile and all related data.

The User must access the Platform exclusively using their own ID and must ensure these credentials remain confidential. The user is responsible for all activity which occurs through their ID.

7. User obligations, prohibitions and responsibilities

The information and materials posted by Users on the Platform are their exclusive responsibility; They thus indemnifies the Company from all responsibilities, towards third parties, for any prejudice which could derive from said information and/or materials. Users acknowledge that the Platform must be used for personal and not commercial use and is exclusively limited to the uses permitted by this document. Without prejudice to the aforesaid, Users must not use the Platform to, for example, (I) – upload, download, post, send, distribute inappropriate contents, which are contrary to public order, the law or decency, which are offensive and/or defamatory towards third parties, fraudulent, tortious of others’ privacy etc. or which can encroach on the right of third parties, for example, violation of patents, brands, industrial secrets, copyright; (ii) – transmit advertising which is not required or authorized, send messages and spam; (iii) – upload files which contain viruses or other IT codes, files or programs designed or meant to destroy, damage, limit or interfere with the correct functioning of any software, hardware or telecommunications equipment, provoke damages or obtain unauthorized access to any system, details, password or other further company or third party information. (iv) – interfere or attempt to interfere with the correct functioning of the Platform or Service, for example, modifying and/or limiting access to the Service, or other accounts, computers or networks connected to the Service; (v) – use mailing lists or any form of auto-responder or “spam” on the Service or use manual or automated software devices, or other processes which could affect the Service’s operations. (vi)- decipher, decompile, disassemble, decode or otherwise attempt to derive any secret and/reserved codes, ideas or algorithms of any part of the Service, except to the limited consented extent, modify, translate, or create derivative works of any part of the Service, or copy, rent, lease, distribute, or otherwise transfer any content. In all the cases described herein, and for any other User behavior which prejudices the platform and/or third parties, Users will be held responsible. The Company reserves the right to remove and/or prevent posting, remove their account for accessing the Platform and gain compensation from them.

8. Supporting projects – Service Costs – Undelivered refund

Users may support projects posted on the Platform, by making preorders, following the Platform’s guide.

• Payments can be done by credit card or, in specific cases listed on the website, by Paypal and or/ bank transfer.

Purchases are made through the “Stripe” payment system. The relative documentation may be consulted at the following links:

• Stripe Terms of Service
• Stripe Connected Account Agreement

Purchases are made through the Paypal payment system. The relative documentation may be consulted at the following links:

• Paypal Terms of Service
• Payments made with bank transfer are possible only in specific conditions listed on our website. These payments are managed outside of our website.

In order to make a payment with bank transfer, the Supporter User needs to follow the indications for “Pay with bank transfer” found on the website. At the final stage of the process, the User will receive temporary account details with which make the transfer and an email with all these information included; a bank transfer can be done by reader using details provided within 3 days (Saturday, Sunday included) from receiving the temporary bank details related to the project; If the bank transfer will be done respecting the terms, the supporter will receive a confirmation email to say thank you for the successful transaction. The bank transfer can be made within 3 days after the campaign’s end. After those 3 days (Saturday and Sunday included), the bank transfer can’t be accepted. If the supporter will still be interested in making the transfer then the whole process needs to be repeated.

Projects All or Nothing:

The payment made by the Supporter User will be taken from the payment card’s balance available. Until then the funds are managed by Stripe or Paypal according to the payment method used.
If the campaign is not successful, the amount withdrawn will be credited back to the credit/debit card or on the bank account used by the Supporter User, within 15 (fifteen) days from the campaign’s closing date.

In any case, the payment made is not subject to any additional costs charged to the Supporter User, if the bank does not add any additional fees. The Supporter reader will pay additional costs only if the bank has fees on bank transfers.

• Service cost

When the project is created on the Platform, before being sent to the Crowdbooks team, the project author must choose the type of services required, from the options in the following table:

OPTIONS	PERCENTAGE OF COST	TYPE OF PROJECT ADMISSIBLE
Basic	0%	All or Nothing
Premium (additional assistance payable separately)	15%	All or Nothing – Keep it All

Before choosing, project authors can use the Platform to find out the services offered for each option. If no choice is made, the system will automatically accept the request for Basic services and the cost of the services will be 0% of the amount globally collected.

1. Once the Premium services (payable separately) have been chosen or no choice has been made, the Basic option can no longer be chosen.

• Users requesting Premium services, editorial  services such as: graphic design, art direction or other editing, sequencing, photo retouch, color correction, color conversion) payable separately will get an email, at the address provided on registration, with the conditions of purchase for the services. NB. Premium services payable separately must be paid regardless of campaign posting and success.

• Funding criterion

If, at the end of the crowdfunding campaign, the author totalizes less than 50 (fifty) preorders the sum collected will be paid back to the Readers and no obligation will arise between the Author and the Platform (Option A).

If, at the end of the crowdfunding campaign, the author totalizes a number of preorders greater than 50 (fifty), but less than 200 (two hundred), the Company will use the budget collected to carry out the printing based on the specifications previously agreed and signed in the publishing contract, before even the project goes online (Option B).

If, at the end of the crowdfunding campaign, the author totalizes a number of preoders greater than 200 (two hundred), the Company will become the publisher of the project, and the relationship between the author and the Company will be regulated by the publishing contract previously signed.
The company will responsible for producing the book and ship the preordered copies within the approximative timeframe indicated in the campaign page (Option C).

If the project posted on the Platform does not reach its crowdfunding goal (Option A): the sum collected will be paid back to the Readers.

Sponsoring users hold the platform completely harmless as regards undelivered refunds of sums which are attributable to the sponsor (current account closure and/or deactivation of the credit card which the payment was made with, or any other cause which is not attributable to the platform). If the project author selects the Basic option (refer to point 8.3) and the project is not successful, the Author will not pay any cost to the Company for using the Platform or for bank transaction costs.

However, if the project author does not select the Premium services payable separately, and the project is not successful, the costs of the services provided will be debited according to that agreed on confirmation of the services payable separately, but no cost will be debited for bank transactions.

9. Fund collecting – Campaign

By signing these Terms and Conditions, Authors accept that: (I) once approved by the Crowdbooks platform team and set up for posting by the same, the campaign may not be posted on other platforms, whether in Italy or overseas, whether actually posted on the Crowdbooks platform or not, for 18 months following approval from the team, under penalty of payment for the services rendered for campaign preparation at the rate of 9% of the amount potentially collected on the other platform, without prejudice to greater damages; (II) under penalty of immediate interruption of the campaign,(III) preorders supporting their project, possibly made by Readers and effectively paid only at the time of reaching the “goal”, will be collected through the Payment system Stripe and/or Paypal: on their behalf, both the Authors and the Readers accept the conditions and terms of use of the Stripe and Paypal system. They thus indemnify the Company of any responsibility for any action or omission regarding their projects.

10. Relations between Authors and Readers

The Company, through the Crowdbooks Platform, consents the collection of funds through “Readers” in order to realize their “Projects”. The amount and the duration of the collection, if the project is considered fundable, are established by Crowdbooks and may not be changed, for any reason and in no case, after the Project has been posted on the Platform. Any exceptional cases will be evaluated by the Company at its own discretion. The collection total is split up into tiers set by the Author, each of which corresponds to a specific reward, also set by the Author. The reader has the right to receive a reward only if the campaign is successful and the Project is funded. The Company will not be held failing to provide a reward, in any case. Similarly, the Author will be responsible for supplying Readers any documents and/or receipts regarding the donation received. Authors and Readers, thus, acknowledge and accept that the Crowdbooks Platform is a mere tool for connecting the bid made by the Sponsor and the project posted by the Author and that any type of connection may occur between Crowdbooks and the Readers as a consequence of the bid or between Crowdbooks and the authors as a consequence of the posting of projects whose contents are the exclusive responsibility of the authors. When the sum collected during the campaign is accredited to the Author and the Readers’ details are handed over, the Company’s interventions with the Author and Readers are considered definitively concluded.

11. Suspension, interruption, modification and limitations of the Services – Limitations of the Company’s responsibility

The Company reserves the right, where it considers appropriate, at its own discretion, to modify, suspend or interrupt the Service at any time, also without time limits and without warning, notifying Users through a post on the site and/or sending a specific email to the registered Users involved without anyone being able to complain for this reason as regards losses, requests for reimbursement, compensation, and anything else. The company reserves the right, at its own discretion, to insert the project on the platform’s homepage or not; it will, thus, decide on the insertion and duration of the project on the homepage which will occur according to its organizational and productive needs, and it cannot be held responsible, in any way and on any grounds, for the project not being inserted or being inserted in reduced form on the homepage.

The company may not be considered responsible for the malfunctioning of the service offered, provoked by telephone or electricity line faults and/or other online transmission tools, such as faults, overloads, interruptions, speed reductions, or the lack of, delayed or slowed functioning and any cause deriving from unforeseeable events or force majeure, natural catastrophes, social riots and anything else. The Company, in any case of Service suspension and/or interruption, will be responsible for returning the Service as quickly as possible and reducing any problems to a minimum. Users acknowledge and accept that all links from and to the Platform, with other third-party websites, the Company may not be considered responsible for any damages, of any nature, which may affect the User due to links with said sites and the contents posted there.

12. Project posting – Reserved site content and protection of intellectual property

The service provides users with the ability to upload their content to the site. The Author declares that the Project and its content are authentic and their own or that they in any case have the right to use them. It is mandatory to have signed a publishing agreement before the campaign goes live. By presenting material on the website or in another way through the Service, the Author expressly declares that the Project and its content are authentic and their own and that they in any case have the right to use them. The post comes under the exclusive responsibility of the User/Author, who is responsible towards the Company and third parties, as regards the content posted, indemnifying the Company of any responsibility, also towards third parties, that may derive due to the post. Authors acknowledge and accept that, by posting the Project on the Platform, they authorize the Company to use, reproduce, copy and view all the material produced including, for example, texts, videos, photographs and anything else regarding the project, brands, slogans, logos or similar Author ownership rights, for the purpose and limited to the provision of the Service and the posting of the Service, Platform, Campaign and any other initiative directly or indirectly connected to the Campaign or the Platform, also after the conclusion of the campaign. The Company cannot guarantee the authenticity of the details that Users provide. Users acknowledge and accept that the Service may include materials and information which are protected by copyright, brands, service marks, industrial secrets, or any other ownership rights and laws, and thus, until now, declare to have autonomously provided for the advance protection of intellectual property on materials which they intend to upload, indemnifying the Company from any related responsibility. The user shall respect and keep all copyright information, information and restrictions contained in any Content accessible through the Service. The Company, at its own discretion, may at any time close User accounts which violate intellectual property rights.

13. Advance termination

Users acknowledge that failure to fulfil the obligations indicated at points 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 will entail the immediate suspension of the Service provided, without prejudice to the right to seek compensation for any greater damages.

14. Court of Jurisdiction

The Service conditions are governed by this document. As regards that not provided for, Italian state laws apply. As regards the interpretation, execution or application of this document the Court of Livorno has exclusive jurisdiction.

15. Specific approval of clauses

Pursuant to and according to articles 1341 and 1342 of the Italian civil code, the following clauses, whose contents have been carefully examined, are approved:

4- acceptance of conditions; 7- User obligations, prohibitions and responsibilities;

8 – Supporting projects – Service Costs – Missed Refund; 10- Relations between the Company, Authors and Readers; 11- Suspension, interruption, modification and limitations of the Services – Limitations of the Company’s responsibility; 12- Project posting – Reserved site content and protection of intellectual property; 13- Advance termination; 14- Court of Jurisdiction.

16. Privacy

Dear User, N2o Srl, hereinafter the Company, owns the crowdfunding platform brand Crowdbooks. While managing the Crowdbooks Platform, the company collects, processes and communicates the personal data of its Users to third-parties, hereinafter also the interested parties, who register to the site www.crowdbooks.com for any purpose. The Platform has offices in Italy and is thus subject to Italian state law. The Company acts in full respect of Legislative Decree 196/2003 and, in compliance with that prescribed at article 13 of the said decree, hereby provides all indications on the processing of your personal data and your rights, according to the “Personal Data Protection Code”. The data identifying the Authors will be collected and archived, in order to fulfil any tax obligations and anything else necessary for activation, management and/or maintenance of the services provided on the Platform. The Company will thus record identifying data supplied by the User, access data, email addresses and any other information necessary for the execution of the Service in its archives on electronic and/or paper databases owned by the same at its Livorno offices, Via C. Cogorano 25, in the capacity of data controller of the data processing. Before giving your consent to data processing, please remember to carefully read the information available at www.crowdbooks.com/privacy