Online Service Terms

This document covers the terms for Online Services, Privacy Policy Terms, and Product-Specific Terms not covered in the Subscription/License Terms & Conditions document. These Online Service Terms ("OST"), in combination with the Service Terms & Conditions, constitute the complete Terms of any eMagCreator Subscription Agreement.

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General Terms 

Accounts may use the Online Services and related software as expressly permitted in the Account's subscription/licensing terms & conditions. eMagCreator reserves all other rights. Accounts must acquire the appropriate Subscription and/or License for its applied usage of each Online Service. Accounts have no right to use the Subscription-specific Online Services after the termination of service.

Online Service Terms Updates

When an Account renews or purchases a new Subscription or License for a product, the then-current OST will apply for the duration of the Subscription or License. Should eMagCreator release a new feature or related software which was not previously included with the Subscription, we may provide new terms or updates to the OST to cover the Account's usage of the new features or software.

Acceptable Use Terms

Neither the Account, nor those that access Online Services through an Account, may use the Online Services:

Violation of the terms in this section will result in the suspension of the Account. Unless immediate action is required to prevent serious personal, environmental or digital harm, eMagCreator will provide reasonable notice before suspending an Account.

Technical Limitations

Accounts must comply with, and may not work around, any technical limitations in an Account's Online Services which place limitations on the way an Account may use the service.

Compliance with Laws

eMagCreator will comply with all laws and regulations applicable to its provision of the Online Services, including security breach notification law. eMagCreator is not, however, responsible for compliance with any laws or regulations applicable to an Account or the Account's industry which are not generally applicable to online service providers.

Digital Notices

eMagCreator may provide Accounts with information and notices about the Online Services and/or eMagCreator™ Software digitally, including via email or through the eMagCreator Website. Notice is given as of the date it is made available by eMagCreator.

License Reassignment

Your eMagCreator license may be reassigned to a new device to cover an Account user's permanent absence or the unavailability of the device (out of service or permanently changed). Reassignment may NOT be made for temporary changes or to transfer the license to a secondary user for temporary usage of the Online Services and/or eMagCreator™ Software. When an Account reassigns a license from one device or user to another, the Account must remove any related access and software from the former device. When reassigning a perpetual eMagStudio™ Software license for which no valid Online Services Subscription exists, the last available software version at the time of termination of the Subscription services will be made available for download to the new device.

General Privacy Policy

Can also be found at publish.emagcreator.com/privacy-policy.html

This policy governs the collection and use of your personal information on the eMagCreator websites (emagcreator.com, publish.emagcreator.com, community.emagcreator.com and portal.emagstudio.com). Generally, you can browse through our website without giving us any personal information about yourself. When we do need your personal information to provide services that you request, or when you choose to provide us with your personal information, this policy describes how we collect and use your personal information.

What Information We Collect

Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal, business or other physical address, other contact information, title, date of birth, gender, occupation, industry, and other information collected when necessary to provide a service you requested.

General

When you browse the website, you may do so anonymously. The website does log your IP address (the Internet address of your computer) to give us an idea of which part of the website you visit, and to provide you with the most localized version of the website to improve your experience. Your IP address is not linked to any personal information unless you are logged into the website. In addition, like many other commercial websites, the eMagCreator website uses a standard technology called a "cookie" to collect information about how you use the site. Please go to "Cookies and Tracking Technology" below for more information.

Information You Provide

eMagCreator collects personal information when you create an account via dropping a PDF or downloading the trial and signing up by means of a third party login (Facebook) or eMagCreator direct sign up forms, as chosen by you, or when you install a trial, submit the contact form, update your personal details on your user profile, upgrade your account/ purchase a service, ask to be included in an email or other mailing list, or when you submit your personal information to eMagCreator for any other reason.

After account creation, eMagCreator, in acting as host for your digital publications as consented by you by agreeing to these Terms & Conditions upon account creation, will also collect and store PDF documents that you submit, and the resulting digital publications.

Cookies and Tracking Technology

A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited. The only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Some parts of eMagCreator's website use cookies to track user traffic patterns and provide localized information. eMagCreator does this in order to determine the usefulness of the website information to users and to see how visitors use the website. In addition, eMagCreator uses cookie information to localize the website - including providing currency variation or language variation.

eMagCreator may use a cookie when you browse the website, or when you submit your personal information to eMagCreator in any signup form, contact form, profile update, purchase order form, or any other personal information you may provide. Generally you will be notified of this occurrence, or have the option to disallow a cookie.

If you prefer not to receive cookies while browsing our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, although you may not be able to take full advantage of eMagCreator's website if you do so. In particular, you may be required to accept cookies in order to complete most sign up or log in actions on our website. You do not need to have cookies turned on, however, to view many parts of this website.

How eMagCreator uses the information collected

General

eMagCreator uses the information collected for several general purposes:

- To fulfill your requests for certain products and services;

- To personalize your experience on the eMagCreator website. Many parts of the eMagCreator website require your personal information to display correctly. These areas are behind a login, and no personal information is attached to your user before logging in. Additionally, we may use your IP address to determine your likely location to provide you with the most relevant version of our website, including currencies and languages. You will always have the option to switch to another setting;

- To provide you with better customer service. The information you provide in creating a support case or in a live chat helps us to respond to your requests more efficiently and personally; and

- To improve our site. We may use information provided by cookies, and other personal information in an aggregated form, to to better understand your needs and improve our website, products and services.

Additionally, eMagCreator may also use your information to send you periodic emails. These emails may consist of responses to sales and support inquiries you initiate, information regarding eMagCreator or other Cohaesio brand (Surftown, Cohaesio, KeepIt) products or services, including special offers, updates, company news, relevant service information or other information eMagCreator believes you would find interesting, or eMagCreator may contact you for market research regarding products or services from eMagCreator exclusively.

Notice

When eMagCreator collects personal information, eMagCreator will not transfer your personal information to third parties without your consent, except under the limited conditions described under the section entitled "Information sharing and disclosure" below.

If you choose to provide eMagCreator with your personal information, eMagCreator may only transfer that information within eMagCreator, Surftown, Cohaesio or KeepIt with your permission. Upon receiving your permission, eMagCreator may transfer your information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.

eMagCreator will always give you the opportunity to "opt-out" of receiving direct marketing or market research information. This means eMagCreator assumes you have given your consent to collect and use your information in accordance with this Policy unless you take affirmative action to indicate that you do not consent - for instance by unchecking the appropriate option or box at the point of information collection when available, submitting an unsubscribe form available at the bottom of marketing emails, or by contacting eMagCreator directly.

In some cases, when applicable, eMagCreator will provide you with the opportunity to "opt-in." This means eMagCreator will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was originally submitted.

From time-to-time, eMagCreator may be required to provide Personally Identifiable Information (PII) in response to a court order, subpoena, or government investigation, and we may do so without notice to you. eMagCreator also reserves the right to report any activities that eMagCreator, in good faith, believes to be unlawful, to law enforcement agencies without notice to you. eMagCreator may release certain PII when eMagCreator believes that such release is reasonably necessary to enforce or apply the Terms & Conditions or to protect ours and other parties' rights, property, and safety.

Information sharing and disclosure

Personal Information

Because eMagCreator is a global company, your personal information may be shared with other eMagCreator offices around the world. All such entities are governed by this Privacy Policy or are bound by the appropriate confidentiality and data transfer agreements.

Your personal information is never shared outside of eMagCreator without your permission, except under the conditions explained below.

eMagCreator may send your personal information to other companies or people under any of the following circumstances:

When eMagCreator has your consent to share the information; or

When eMagCreator needs to share your information to provide the product or service you have requested (eMagCreator will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose).

eMagCreator will also disclose your personal information if required to do so by law, to enforce our Terms & Conditions, or in urgent circumstances to protect personal safety, the public or eMagCreator's websites.

Personal Content

PDFs uploaded to eMagCreator are available publicly on your public profile page, and may also be indexed by search engines, unless the service you have purchased entitles you to additional password protection or hiding from the public your uploaded content. There is no subscription which will prevent search engine's from indexing your content.

eMagCreator periodically reviews the content that is being uploaded to eMagCreator servers and reserves the right to disable or delete content which does not follow the agreed Terms & Conditions or may represent an immediate threat to personal safety, the public, or eMagCreator's websites. eMagCreator may use your uploaded PDFs not containing password protection or hiding features, in the form of a final digital publication or screenshot of such, in combination with your company name, to refer to you as a customer on the eMagCreator website or on the eMagCreator profiles of third party media websites. By uploading to our online service, you have "opted-in" to our Terms & Conditions regarding copyrights and eMagCreator's use of your content, unless otherwise contractually agreed upon.

Your ability to review and delete your account and information

You may request to review, correct and/or delete your eMagCreator account or any of your personal information held by eMagCreator by sending an email to info@emagcreator.com. You can also review and edit much of your account information directly from eMagCreator's website by logging in and viewing your profile. Your password is never visible, and is not accessible by eMagCreator's employees. Your password can be reset after account verification.

Data Security

Inside eMagCreator, data is stored in controlled servers with limited access, using security procedures that we believe are appropriate and sufficient to maintain the information in confidence. Your information may be stored and processed in Denmark or any other country where eMagCreator, its subsidiaries, affiliates or agents are located.

Your eMagCreator account information is password-protected for your privacy and security. eMagCreator safeguards the security of the data you send with physical, electronic, and managerial procedures. While eMagCreator strives to protect your personal information, it cannot definitively ensure the security of the information you transmit to eMagCreator, and so eMagCreator urges you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and use a secure browser.

Children and Privacy

This websites does not target and is not intended to attract children under the age of 13. eMagCreator does not knowingly solicit personal information from children under the age of 13 or send them requests for personal information.

Third Party Sites

eMagCreator's website may contain links to other sites. eMagCreator does not share your personal information with those websites and is not responsible for their privacy practices. eMagCreator encourages you to learn about the privacy policies of those companies when interacting with their websites.

In the Event of Merger or Sale

In the event that eMagCreator is acquired by or merged with a third-party entity, or undergoes a change of control or any form of sale or transfer of some or all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control.

Changes to this Privacy Policy

eMagCreator will amend this policy from time to time. If eMagCreator makes any substantial changes in the way it uses your personal information, eMagCreator will make that information available by posting a notice on the eMagCreator website.

Acceptance of this Privacy Policy

By using the eMagCreator websites, you signify your acceptance of this privacy policy. If you do not agree with this policy, please do not continue to use the website. Your continued usage of the eMagCreator website and Online Services signifies that you have read and agree to the terms outlined in this privacy policy.

Service Specific Terms

eMagCreator Online

emagcreator.com/ publish.emagcreator.com

Retirement of Services or Features

eMagCreator will provide Accounts with 6 months' notice before removing any material feature or functionality or discontinuing an Online Service, unless security, legal or system performance considerations require expedition. This does not apply to Free Accounts or beta features or functionalities.

Data Retention after Termination

eMagCreator will retain all customer data, including user profile information and uploaded content, so long as an Account exists for the Online Services. Additional limitations may be placed on content when an Account downgrades the Online Services. eMagCreator will NOT retain the uploaded content of deleted Accounts.

Hosting

eMagCreator uses hosting provided by Amazon S3 - a third-party cloud hosting service. While eMagCreator states no explicit limitations on the allowed amount of content uploaded via the Online Services in an Account or the number of visitors and page-views for an Account's Online Services content, any usage deemed to be excessive may be subject to audit and additional fees.

Technical Requirements

Due to the nature of the eMagCreator Online Products, eMagCreator Online services are only available for laptop and desktop computers using full web browsers. eMagCreator does not guarantee any degree of compatibility with mobile devices or mobile web browsers.

Customer Portal

portal.emagstudio.com

Retirement of Services or Features

eMagCreator will provide Accounts with 6 months' notice before removing any material feature or functionality or discontinuing any module or the Portal as a whole, unless security, legal or system performance considerations require expedition. This does not apply to Free Accounts, beta features or functionalities, or to features or functionalities which may be moved outside of the Customer Portal rather than discontinued.

Data Retention after Termination

eMagCreator will retain all customer data, including users, profile information and content published via the eMagStudio™ software to the eMagCloud hosting service indefinitely. Additional limitations may be placed on content after termination, including but not limited to the disabling of published content or limited portal module access.

Module Access

The Customer Portal consists of several modules which are accessible based on your Subscription and License agreement, as well as any add-on products. Certain modules, such as Statistics, require an active Subscription. These modules will become inactive from the effective date of termination. eMagCreator is not liable for any loss of data which results from such termination.

eMagStudio™ Software Requirements

The Customer Portal contains license access for the eMagStudio™ Software should your Subscription include this Product. If you are eligible for updates to the eMagStudio™ Software, notices and upgrades will be made available on the Customer Portal, as well as within the software itself. eMagCreator can only guarantee full compatibility with the customer portal for up to date eMagStudio™ Software. It is the Account's responsibility to update the software when a new version becomes available, and eMagCreator takes no responsibility for any interruptions in service resulting from the failure to do so.

eMagCreator Online Services Connector

You may also upload content to and manage the content contain on eMagCreator Online from within the Customer Portal. Content uploaded to eMagCreator Online from the Customer Portal is bound by the Online Service Terms for eMagCreator Online.

eMagCreator™ Software Specific Terms

Retirement of Software or Features

eMagCreator will provide Accounts with 6 months' notice before removing any material feature or functionality or discontinuing the eMagStudio™ Software as a whole, unless security, legal or system performance considerations require expedition. This does not apply to Free or Trial Accounts or beta features or functionalities.

Data Retention After Termination

Non-perpetual Licenses

If your eMagStudio™ License is non-perpetual, termination of your Subscription will result in the disabling of all online content, regardless of method of publishing or location of said content. Additionally, your access to the eMagStudio™ Software will be disabled. It is the Account's responsibility to cease the use of, and uninstall and delete any copies of the eMagStudio™ Software after termination of a non-perpetual license.

Perpetual Licenses

If your eMagStudio™ License is perpetual, termination of any supplemental Subscription services will result in the disabling of online content published to the eMagCloud hosting service, as well as the disabling of any features or functionalities afforded by the terminated Subscription. Your eMagStudio™ Software will continue to function in the latest updated version, and can be used to publish content to your own servers or offline. You will no longer be eligible for software updates, and as such, eMagCreator cannot ensure the full compatibility of your software with the Online Services past the date of the subsequent update to the eMagStudio™ Software following the termination of the Online Services.

Updates and Compatibility

Updates to the eMagStudio™ Software

There are generally several updates to the eMagStudio™ Software each year - consisting of bug fixes and feature releases. If you are eligible for updates to the eMagStudio™ Software, notices and upgrades will be made available on the Customer Portal, as well as within the software itself. eMagCreator can only guarantee full compatibility with the Online Services for up to date eMagStudio™ Software. It is the Account's responsibility to update the software when a new version becomes available, and eMagCreator takes no responsibility for any interruptions in service resulting from the failure to do so.

Technical Requirements for using the eMagStudio™ Software

Up to date technical requirements for installing and using the most recent eMagStudio™ Software can be found on the eMagCreator Community page.

Additional technical requirements may apply depending on the applied usage of eMagStudio™. All information related to these requirements and set up of such options can be found on the eMagCreator Community page.

Contact Information

Should you have any questions or concerns with the information contain within this document, please contact eMagCreator directly at:

publish.emagcreator.com | Website

portal.emagstudio.com | Customer Portal

info@emagcreator.com | General Email

+45 7023 2455 | Phone (Denmark HQ)

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