Terms of service
1.1 These Terms of Service (“Terms of Service”) govern the use of all Bote™ Publishing websites and all contents, services, and applications provided by Bote™, the publisher (“Publisher”) and the reader (“Reader”). A Publisher is any one person that publishes contents on Bote™; a Reader is any one person that reads the contents on Bote™.
1.2 If the Publisher / Reader is a private individual, he/she certifies that he/she is at least 18 years of age. Bote™ does not enter into contracts with individuals under 18 years of age.
1.3 These Terms of Service serve as base for all offers, deliveries and services, and apply to all transactions made at a later date. Other terms and conditions apply only if they are in accordance to Bote™’s Terms of Service, or if their use as base for a particular contract or service is explicitly stated in writing.
2.1 All content (text, graphics, Bote™es, layouts, etc) published on this site remains the sole intellectual property of Bote™. Bote™ does not assume liability for the contents of external links. The operators of the linked pages are solely responsible for their own content.
2.2 Generally, all content is accessible by anyone at no cost. Nevertheless, Bote™ reserves the right to request the Publisher’s / Reader’s registration to grant access to certain contents. In that case, the Publisher / Reader is solely responsible to maintain the confidentiality of account information, password and computer access. The Publisher / Reader agrees to notify Bote™ of any breach of security (loss, theft, unauthorized use or access). Bote™ reserves the right to terminate the access for this Publisher / Reader.
2.3 Bote™ may change, limit, extend, or discontinue any aspects of the site or services at any time.
3.1 The website contents provided by Bote™ – with the exception of materials published by the Publisher (pamphlets and catalogues) – remain the sole intellectual property of Bote™.
3.2 This relates in particular to the design, interfaces, graphics, information, computer codes, used trademarks and names.
4. General Conditions of Use
4.2 Bote™, at its sole discretion, may investigate any suspicion of misuse of the site or services or material breach of these Terms of Service; may take appropriate measures; and if there are reasonable grounds for suspicion, may suspend the Publisher’s / Reader’s account access. In case of serious breach, Bote™ may terminate the Publisher / Reader agreement without notice of termination.
4.3 The Publisher / Reader shall compensate Bote™ for any damage resulting from his/her breach of duty. The extent of the Publisher / Reader’s liability shall be limited to the Publisher’s / Reader’s responsibility in accordance with these provisions.
4.4 The Publisher may remove published contents at any time.
4.5 The payment of applicable taxes, fees and costs are the responsibility of the Publisher.
4.6 The Publisher agrees that all correspondence with Bote™ is done via email.
6.1 Publisher may publish their contents by converting PDF files to e-Papers.
6.2 All information on this website is provided by Bote™ without guarantee of accuracy, completeness, or topicality.
6.3 The Publisher agrees in regards to an e-Paper that the Reader may view, copy, print, or share it in accordance to following provisions:
6.3.1 The Reader shall respect the copyright of the Publisher or the lawful copyright holder.
6.3.2 Use for commercial purposes is prohibited.
6.3.3 Any copy of a document or parts of a document shall embody these copyright provisions.
7. Limitation of Liability
7.1 Bote™ conducts its Services with utmost care.
7.2 Bote™ shall not be liable for copyright infringements.
7.3 Bote™ makes no warranty to meet the Publisher’s expectations, especially not in terms of gaining profitable success through the use of the database or services.
7.4 Bote™ explicitly denies any responsibility for the contents published by the Publisher, or damages which might occur thereof. Further, Bote™ denies any responsibility for the accuracy, completeness, reliability, or topicality of the published content. The Publisher guarantees to have researched any content with care and in regards to copyright compliance.
7.5 Bote™ does not guarantee the publication and the availability of any contents online. Bote™ attempts to make its services available at all times. However, the Publisher / Reader has no right to claim the permanent availability of Bote™’s services or a service without interference.
7.6 Where a disclaimer does not apply, Bote™ shall only be liable for intentional acts or gross negligence. The liability for consequential damages, loss of profit, loss of data, and financial losses shall be excluded completely.
7.7 Product and company names are trademarks of the respective owner and solely serve informational purposes. All publications are subject to technical malfunctioning, inaccuracy, grammatical, and spelling errors.
7.8 Bote™ assumes no responsibility for third party websites linked to its site or services; liable are their respective owners. Since Bote™ may be accessed via third party links without Bote™’s knowledge thereof, the inclusion of Bote™es, contents, or any linked website on the site or for the services does not imply approval or endorsement of the linked website. Bote™ will assume sole responsibility for third party content only, if Bote™ becomes aware of its existence (also in case of infringing and unlawful content), and if the removal thereof, is possible and reasonable, in order to prevent further use. However, Bote™ is not obliged to screen third party content.
8. Discussion in Forums
8.1 Due to the ever changing content in forums, Bote™ cannot guarantee to review all posts, screen their contents, or take active control thereof. Bote™ assumes no responsibility for the content, accuracy, and form of any such posts.
9. Prohibited Activity
9.1 The Publisher / Reader agrees to use the services provided by Bote™ as well as pamphlets and catalogues published on its websites according these Terms of Service and to refrain from activities including, but not limited to:
9.1.1 Use of Bote™ products for purposes other than stated in these Terms of Service;
9.1.2 Removal markings of copyright or other rights;
9.1.3 Insulting, defamatory, or denouncing behavior towards other Publishers / Readers or the misuse of Bote™’s services in any other manner;
9.1.4 Changing, hiding, or blocking any published pamphlets and catalogues, especially the removal or manipulation of advertisements and links;
9.1.5 Sale, licensing, offering subscription to or any other commercial use of published pamphlets and catalogues.
10. Conditions applicable to registered Publishers / Readers
10.1 The Publisher has to go through the full registration process in order to have access to the portal. The Reader only has to register in order to participate in a forum of the website.
10.2.1 to refrain from the usage of any offensive, unlawful, pornographic, or vulgar language in their communication;
10.2.2 to assume sole responsibility for all posted materials and text, to maintain third party rights (especially, trademark laws, copyright laws and personal rights), and to indemnify and hold harmless Bote™ from and against any third party claim;
10.2.3 to refrain from using forums or comments for unsolicited marketing correspondence or commercial activity of any kind. This applies to any link to a personal or third party website (“links”) or the publication of toll free numbers for any purpose.
10.3 The Publisher / Reader is not entitled to claim the publication of his/her submitted comments or posts. Bote™ may, at its sole discretion, edit or delete comments or posts. In case of violation, Bote™ reserves the right to temporary suspend or permanently delete the Publisher / Reader account.
11. Submission of posts and articles
11.1 In order to publish a post or article, including PDF files (magazines …), the Publisher / Reader shall enter his/her full and correct legal first and last name in the Publisher / Reader profile. This name serves as the publishing name of the submitted materials. For any post, article, or e-paper, the Publisher will issue the following statement:
11.1.1 If presented with user specific data by a customer, Bote™ is not responsible to seek the user’s consent for the use of that data; this is the responsibility of the customer. Bote™ reserves the right to request proof of individual user consent, and may reject to use these addresses. The customer is not entitled to use generated user data without the User’s consent.
11.1.2 The registered Publisher grants Bote™ the unrestricted use of submitted materials for their publication in portals.
11.1.3 The Publisher is not entitled to claim the storage, publication, or retention of submitted materials. Bote™, at its sole discretion and without justification, may choose not to publish submitted materials, to edit materials before publication, or to delete them after publication.
11.1.4 All published posts, articles, and e-papers may be deleted due to third party request after being reviewed by Bote™. In order to report any breaching contents, Bote™ shall provide the button “report misuse” which then can be used by the Reader. If Bote™ determines reasonable grounds for the removal of the reported materials, their removal takes place within 7 days after use of that button.
11.1.5 For damages to the reporter of misuse arising by the delay of the content’s removal, Bote™ shall be held liable only for damages that were caused deliberately or by willful negligence, but not if resulting from a breach of duty by the Publisher. In this context, Bote™ points out explicitly, that all sites are subject to the regular indexation by search engines, and that Bote™ has no control over the possible storage of these materials on data banks of search engines and web catalogues, even after their removal from the site.
11.1.6 The submission and publication of materials does not entitle the Publisher / Reader to claim any compensation (professional fees, royalties, reimbursement, or similar payments) from Bote™.
11.1.7 The disclosure of any personal or business data by the Publisher in order to use certain services offered on the site occurs solely on voluntary basis.
12.1 With the Publisher / Reader’s consent, Bote™ generates email addresses for advertising purposes and other reasons agreed upon. The exclusive use of an email address will be agreed upon individually, otherwise, Bote™ may provide several customers with this user specific data.
12.2 If presented with an email address by a customer, Bote™ is not responsible to seek the user’s consent for the use of that data; this is the responsibility of the customer. Bote™ reserves the right to request proof of consent of the user of the email address and may reject to use it if the consent was denied. The customer is not entitled to use generated user specific data without the user’s consent.
12.3 Bote™ may add test addresses to the generated email addresses. According to these Terms of Service, in cases of misuse of at least one data set, the customer shall pay a penalty in the amount of five times the contract value for breaching the agreement or of double the expenditure for generating the addresses. Notwithstanding that, Bote™ may claim an amount exceeding these figures.
13. Payable Products
13.1 On the platform www.bote.com, Publishers may purchase Bote™’s three service packages (software subscription model 1-3). All packages are payable products and build on the respective previous packages. All prices are listed in Euro excluding VAT and are valid until listed differently. Bote™ reserves the right to perform price adjustments at any time.
13.2 Bote™ reserves the right to reject any request for service without justification thereof.
13.3 Package 1: Bote™ Starter: Costs: €12 for 30 days for monthly payment. Billed annually, the costs decrease to €9 for 30 days. The costs are deducted from the deposited payment method right after the end of the 14 day trial period.
13.4 Package 2: Bote™ Premium: Costs: €35 for 30 days for monthly payment. Billed annually, the costs decrease to €29 for 30 days. The costs are deducted from the deposited payment method right after the end of the 14 day trial period.
13.5 Package 3: Bote™ Unlimited: Costs: €79 for 30 days for monthly payment. Billed annually, the costs decrease to €69 for 30 days. The costs are deducted from the deposited payment method right after the end of the 14 day trial period.
13.6 On an individual basis, Bote™ offers customized solutions in addition to its regular software packages.
13.7 Payment methods: the payment for any software package is only possible using a valid credit card or PayPal account. If the payment information provided is invalid for any reason, Bote™ will invoice the buyer accordingly; in this case an additional fee of € 10.00 is applicable.
13.8 Billing cycle: The billing cycle covers 30 or 360 days without exception.
13.9 Trial period: A free trial version of 14 days is available for all Bote™ packages. During the trial period you may cancel at any time. If no cancellation of the trial version has been made during the first 14 days, the subscriber will be charged beginning on the 15th day.
13.10 Duration: Contracts (subscriptions) are concluded for an indefinite period and may be terminated by either party without notice at any time regardless of reason termination. In this case the subscription remains valid only until the end of the billing cycle.
13.11 Upgrades: Upgrades to any package can be made at any time. Note: An upgrade does not entitle to any refund or considerations based on the payments already made.
13.12 Cancelation: The customer has the possibility to cancel his/her paid Bote™ subscription in three different ways:
13.12.1 Cancelation by post: The customer has the possibility to download a pre-built PDF document. The completed document plus a copy of his/her ID card or driver license must be sent to us. The cancelation is only legally binding if a copy of a valid ID card or driver license has been attached. The date of the postmark counts for the cancelation date.
13.12.2 Cancelation by telephone: The customer has the possibility to request a cancelation by contacting our support team by phone. They can be reached from Monday to Friday (except for holidays) between 8am to 5pm (CET). After a quick phone call, our support team sends a double opt-out email to the customer. Once the confirmation link within the email has been clicked, the cancelation is legally binding.
13.12.3 Cancelation request via online form: The customer has the possibility to send us a cancelation request by filling out an online form. Our support team will call the customer within the next few days to verify the cancelation request. After a quick phone call, our support team sends a double opt-out email to the customer. Once the confirmation link within the email has been clicked, the cancelation is legally binding.
13.13 Embedded Code: Under no circumstances shall the Publisher / Reader manipulate embedded code and/or remove backlinks (monitored by Bote™ regularly).
14. Provisions regarding Apple
14.3 The Publisher acknowledges that Apple has the right to accept or refuse the registration of an APP.
14.4 The Publisher has no legal entitlement for the approval of his/her APP.
15. Applicable Law
15.1 The here noted Terms of Services are subject to Swiss law. Place of jurisdiction is the company's registered office in St. Gallen.
This document was last updated on November 8, 2018.