USER AGREEMENT
Storytel Sweden AB, with corporate registration number 556696-2865 and registered address Box 24167, 104 51 Stockholm, Sweden (”Storytel”), provides an online service ("Publisher Portal") displaying statistics and information related to audio- and e-book consumption (“Consumption Data”) to which you as a publishing house or aggregator (“Publisher”) can login and gain access to Consumption Data related to works you have licensed to Storytel or an affiliate of Storytel for distribution through their digital streaming service for audio books and ebooks (the “Storytel Service”).
These business to business terms of use ("Terms") apply for your (hereafter and interchangeably “You” or the “Publisher”) access to and/or use of Publisher Portal. To enter into these Terms with Storytel and consequently become a Publisher Portal user, you must be authorized to, with binding effect for and on behalf of the Publisher, accept to be bound by the Terms.
By accepting these Terms you agree to abide by the Terms and acknowledge that you have read section 7 about personal data. Accepting the Terms is a requirement for the use of Publisher Portal.
The Terms describe the conditions upon which Publisher Portal is available to You and supersede any prior verbal or written terms for Publisher Portal.
By accepting these Terms, You agree and accept that Storytel may at its sole discretion suspend Your access to Publisher Portal at any time and without prior notice if You fail to comply with any provision of these Terms.
PUBLISHER PORTAL
1. Publisher Portal displays data related to consumption of literary works and is provided as a service through which you as a Publisher can gain insight with regards to consumption in the Storytel Service of your distributed works. The types of data displayed in Publisher Portal may change over time and at Storytel’s sole discretion without any written notification thereof.
2. Publisher Portal is currently provided to its users free of charge.
3. In order to use Publisher Portal, you need an internet-connected tablet or PC/Mac with the Chrome web browser installed. Storytel reserves the right to modify the technical requirements for the access to and for using Publisher Portal. Storytel will use reasonable efforts to notify you via email of any modifications which may limit your technical ability to use Publisher Portal no later than seven (7) days prior to the entry into force of such modification.
4. You agree to at all times use Publisher Portal, including all its features and functionalities, in accordance with these Terms and all applicable laws, rules and regulations.
TERMINATION
You may terminate your Publisher Portal account at any time.
1. Storytel may at its own discretion terminate your account if your agreement/s with Storytel and/or any other affiliates within the Storytel group of companies has/ve expired or been terminated.
2. To terminate your account, please contact Publisher Support.
3. Storytel has the right to temporarily suspend your access to Publisher Portal and terminate this agreement with You with immediate effect if there is reason to suspect that You have violated the Terms or any applicable laws, rules and regulations or, additionally, if You are otherwise using Publisher Portal in a way that may cause damage to Storytel, any company within its company group or any third party.
STORYTEL’S RIGHTS AND RESPONSIBILITIES
1. Storytel reserves the right to change these Terms. Storytel will use reasonable efforts to communicate changes (other than such changes as set out in item 1.3 above) that Storytel deems are to the detriment of the Publisher via e-mail or within the Publisher Portal no later than fourteen (14) days before the changes take effect.
2. It is Storytel’s ambition that Publisher Portal shall be available around the clock, seven (7) days a week. However, Storytel provides no guarantee that Publisher Portal will always be free of errors or interruptions. Any faults or interruptions affecting Publisher Portal will not be construed as a breach of contract by Storytel. Storytel also has the right, to, in its own discretion, without prior notice, close Publisher Portal e.g. for carrying out upgrades and maintenance when deemed required by Storytel.
3. It is Storytel’s ambition that Publisher Portal shall contain true and accurate information, however the information presented in Publisher Portal is provided as is and Storytel can not guarantee that the Publisher Portal at all times displays correct or up to date information and/or data. Storytel shall not be liable for any business decisions made by Publisher based on Consumption Data or for any damages related to misleading or incorrect Consumption Data.
4. Storytel shall not be liable for any disruption to mobile networks or in the services of internet providers or the services of any other third party provider that may affect Your access to Publisher Portal.
5. Storytel has the right, fully or partly, to transfer its rights and obligations to third parties under these Terms, e.g. due to organizational changes in the Storytel company group. Storytel also has the right to engage subcontractors to carry out its obligations under these Terms.
THE PUBLISHER’S RIGHTS AND RESPONSIBILITIES
1. Your Publisher Portal account and its login credentials may only be shared on a need to know basis with employee’s of Publisher.
2. As a user of Publisher Portal You agree not to copy, reproduce, duplicate, modify, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, circulate or otherwise exploit, either in whole or in part, for any purpose (commercial or otherwise) any material and/or part of or all of Publisher Portal to any third party (including, without limitation, the display and distribution of Consumption Data) without the express prior written consent of Storytel or except as otherwise expressly permitted under applicable law. Notwithstanding the above the Publisher may use the Consumption Data for internal purposes.
3. Notwithstanding 4.1 and 4.2. Publisher may share Consumption Data relating to a specific ISBN with the rights holder for such ISBN, however only for non-commercial and informational purposes. If Publisher shares Consumption Data Publisher is solely responsible for making sure that Consumption Data is shared with the correct and relevant rights holder, e.g. make sure that data pertaining to one author is never shared with another. The Publisher is responsible for any decisions based on Consumption Data or any modifications made to Consumption Data.
4. You are responsible for ensuring that the information provided at registration is correct and that the e-mail address is active. After registration You are continually responsible for keeping all contact details updated and correct and for reporting any change in Your e-mail address with Storytel. Any e-mail that Storytel sends to Your e-mail address shall be deemed to have been received by the You within three (3) days of the e-mail being sent.
5. You are responsible for maintaining control over Your account, to prevent anyone else from accessing Publisher Portal and undertakes not to reveal any password or any other personalized details associated with Your account for as long as Your account is active, except as expressly permitted under 4.1.
6. The Publisher has no right to transfer the rights and obligations under these Terms to anyone else unless the Publisher has Storytel’s written consent to do so.
7. In the event that Publisher Portal, or parts thereof, are incorrect or faulty, you are urged to contact Storytel via e-mail to publisher.support@storytel.com from the valid e-mail address used to register Your account.
CONSUMPTION DATA & NO WARRANTY
The Consumption Data provided may vary from the reported consumption and provides an indication of the consumption and not a guarantee of what consumption that will form the basis of the Publisher’s remuneration from Storytel (if applicable).Storytel may change the definition of Consumption Data, the types of data and the data displayed in Publisher Portal at its sole discretion.Storytel retains all ownership related to Consumption Data displayed in Publisher Portal.
INTELLECTUAL PROPERTY RIGHTS
Publisher Portal is protected by copyright and includes the copyrighted property of our licensors and/or licensees, as well as publishers and distributors whose works are distributed on the Storytel service; and all trademarks, service marks, trade names, trade dress and other intellectual property rights in Publisher Portal or in the content available to you from within Publisher Portal are owned by Storytel and/or our affiliated companies. Except as set out in these terms or that we specifically agree in writing, no element of Publisher Portal or its content may be used or exploited in any way other than as part of Publisher Portal offered to You under these Terms. Storytel neither transfers rights or title to any portion of Publisher Portal to You nor transfers any rights or title to any portion of the content made available from within Publisher Portal to You. Nothing provided by any brand owned or licensed, or distributed by Storytel or any of its affiliates should be construed as granting, by implication or otherwise, any license or right of use of any trademark displayed on or within Publisher Portal to You.
PERSONAL DATA
Storytel will in its capacity as data controller process Your registered e-mail, other login credentials and any information You add to Your account on behalf of the Publisher, which could be personal data, for the purpose of providing Publisher Portal to You. Storytel’s processing is necessary for the performance of these terms. If the information You have provided consists of personal data, Storytel will process Your personal data for as long as You have an active Publisher Portal account. For any questions about the processing of Your personal data, please see contact details in section 8 below.
OTHER
1. When you access Publisher Portal through a mobile network, your network or roaming provider’s messaging rates, data costs and other fees will apply.
2. These Terms shall be governed and construed in accordance with the laws of Sweden. In case of a dispute between Storytel and the Publisher, the Parties should first attempt to resolve the dispute by agreement. Otherwise, the dispute shall be settled by Stockholm District Court as first instance.
3. To find more information about Publisher Portal or if you need assistance with any feature or with your account please contact publisher.support@storytel.com.
Last reviewed 5 February 2020
Storytel Sweden AB