General Terms of Use for 1Pen’s Digital Products

THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF ARBITRATION, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE.” THESE TERMS ALSO INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY PRIVATE DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.

You understand that the ebooks contain artwork and content submitted by artists that may be in the form of designs, images, pictures, data, text, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the Services.

These sales and delivery terms apply to the purchase of digital products at 1pen-ePublish.com.

Helene Larsen solely owns 1pen-ePublish.com A/S with CVR no. 41 10 27 48, Midtfløjene 8, 1 th., 2700 Copenhagen, telephone 91 88 24 99 and e-mail address info@1pen-ePublish.com .

1pen webshop

1pen-ePublish.com is open 24 hours a day, and you can always shop, buy goods, and use services. However, we may close the store due to maintenance. You can only make purchases when the store is open and accessible. To shop on 1pen-ePublish.com, you must be 18 years of age and possess a valid credit card. However, if you have not yet reached the age of 18, you can still buy goods if you have obtained your guardian’s acceptance or otherwise have the legal right to conclude the purchase. You choose the items you want to buy and put them in the “Shopping Cart.” You can right up to the actual purchase obligation (“Complete purchase”) correct the contents of the shopping cart, and you can regularly check the contents and the price of the goods.

Order

When you make an order, you will automatically receive a receipt for your order. Please note that the order confirmation is not legally binding. There is only an electronic receipt for receiving your order. Therefore, we reserve the right to cancel the order as a result of sold-out items, errors, technical problems, delivery failures, and the like. When the goods are ready for you, you will receive an order confirmation with information about your order, the right of return, the right of withdrawal, and the right of complaint. Of course, we only deduct the money for your order when we ship your order.

Prices

All prices are current sales prices incl. VAT. When delivered to addresses outside the EU, VAT is deducted automatically.

Payment – You can choose to pay in the following ways: 

With card

Dankort, VISA / Dankort, VISA, VISA Electron, MasterCard / Eurocard, Stripe, Amazon Pay, or PayPal. When you pay by card, we will first raise the amount in your account when your goods are shipped from us. There is no payment fee.

You can choose to store your payment card information to make sure your future purchases are as easy as possible. In this case, your card information is stored encrypted by our payment provider. You can delete your payment card information at any time under your settings on “My Account.”

In-app purchases

When buying goods or signing up for subscription services using Stripe and Apple In-App-Payment, all payments and transactions will be handled directly through Apple’s in-app purchase process.

Coupons

If you have received a coupon for 1pen-ePublish.com, you can use it as a form of payment at 1pen-ePublish.com by clicking the coupon field and providing the coupon code during the purchase process. If you have purchased a gift certificate via 1pen-ePublish.com, this applies one year from the date of issue.

Discounts

We provide discounts to all customers in the form of different campaigns. If there is a discount on a product, the discount will already be deducted from the price shown on the site. That way, the price you see is always “Your Price.” This pricing follows current guidelines from the Consumer Ombudsman.

Delivery

Ebooks and audiobooks for download are delivered via an email containing a download link. You first receive your order confirmation and then your order confirmation, which includes a link from which you can download your product. Delivery is via email.

The delivery time for digital products is a maximum of 5 minutes, depending on how fast the email with the link reaches your mailbox.

Watermarking of digital products

Digital watermarking is a way of protecting copyrighted material. When you buy and download ebooks and audiobooks through 1pen-ePublish.com, the files will have a digital watermark. The watermark consists of information in the file containing your order number. The watermark does not affect the file format and does not complicate the download or use of the files. The watermark documents that the files you download belong to you. All copying, in addition to your private use and further improper distribution, is prohibited. You are solely responsible for ensuring that the files are not distributed to other users and for backup purposes. If your files go astray and, e.g., end up on a file-sharing site, we can find your order number using a decoder. The watermarking stays in the ebook if the file is being copied or moved from one device to another.

Cancellation

There is no right of withdrawal on ebooks, audiobooks for download after clicking on the download link, and the download has begun. If the link is not clicked, we offer a 30-day return policy on digital goods.

How to exercise the right of withdrawal

You regret by notifying us that you regret. For example, you can send an email informing you that you regret, to admin@1pen-ePublish.com. You can use the contact form from our website.

The cancellation deadline is complied with if you send your notice that you regret the purchase before the withdrawal period has expired.

Return of goods and return costs

Digital goods are not returned but made inaccessible to all parties. If the customer and 1pen-ePublish.com agree upon a refund and the product returned to 1pen-ePublish.com, it is 1pen-ePublish.com’s responsibility to deactivate the digital product.

Refunds

When you cancel your purchase, we will refund all payments received from you. We will refund the amount without undue delay and in any case within 14 days from the date we received your cancellation notice. We will make such a refund with the same payment method you used in the original transaction unless you have explicitly agreed otherwise. In any case, you will not be charged any fees due to the refund.

Testing the item

There is no right of withdrawal on digital goods that have been tested by clicking on the download link.

Complaint – If something is wrong with the item

The Buying Act covers your purchase. This Act means that you can either get a defective item repaired, exchanged, money back, or rejection of the price, depending on the specific situation. It is a requirement that the complaint is justified and that the defect has not arisen as a result of incorrect use of the product or other damaging behavior.

You must advertise within a “reasonable time” after you have discovered the defect in the item. We recommend that you advertise as soon as possible. You can advertise by contacting us via email at admin@1pen-ePublish.com or by email, telephone (+45) 91 88 24 99. Depending on the specific situation, you will receive further instructions.

Rights

The access to the product entitles you to, within the limits of the law, use the purchased products for personal, non-commercial purposes, but not for resale, transfer, transfer, or sub-licensing. You agree not to attempt, encourage, or assist any other person in circumventing any security technology or software or interfering with, removing, or alter any rights management information regarding the purchased products. Actions contrary to the above rights may result in prosecution.

System Requirements

The use of ebooks, audiobooks for download presupposes that the user possesses equipment with Internet access and possibly special software, which may incur expenses for the user. The use may require you to update or upgrade software and hardware occasionally. You acknowledge and agree that such system requirements, which may be amended from time to time, are your responsibility. It is the customer’s responsibility to purchase the internet or data subscription to enable the streaming of digital content. After downloading the product, there is no use for the internet. The ebook can open in any eBook reader and device from any free ePub, Mobi, or Pdf reader application.

DRM copy-protected ebooks

1pen ePublish does Not use DRM protection on our ebooks as the Copyright Law protects our products.

Cookies

By using 1pen-ePublish.com, you agree that we use cookies. A cookie is a small data file. The cookie file is placed on your computer to keep track of what is happening during your visit and to recognize the computer. A cookie is not a program and does not contain viruses. Read more about cookies here and in our privacy policy here. The data manager at 1pen-ePublish.com is Helene Larsen. Read more about our cookie policy here: COOKIES

Information on remedies available

A complaint about a product or service purchased from us can be submitted to the Danish Competition and Consumer Agency’s Center for Complaints, the Names’ House, Toldboden 2, 8800 Viborg. You can appeal to the Center for Complaints Solutions via www.naevneneshus.com.

The EU Commission’s online complaint portal can also be used for filing a complaint. This portal is particularly relevant if you are a consumer resident in another EU country. Appeals shall be submitted here: http://ec.europa.eu/. By filing a complaint, enter our email address admin@1pen-ePublish.com.

Linked Websites

We are not responsible for websites linked to or from the Services.

The Services may contain links to other websites that are not owned or controlled by us. Those links are provided for convenience only and may not remain current or be maintained. We do not screen linked websites nor are responsible for the content, security, operation, or use of any linked websites or the products or services that may be offered or obtained through them. 

Our links to other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent, we may explicitly stipulate to the contrary on the Services. Further, we are not responsible for the content or privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites. If you access linked websites, you do so at your own risk.

Copyright and Trademark Policy

 All rights are reserved on 1pen ePublish, 1pen Design, and 1pen ePublish products solely to Helene Larsen, the founder, owner, developer, and chief editor at 1pen ePublish.

On Purchase

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S), OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT TO PURCHASE ANY PRODUCT AND/OR SERVICE.

You acknowledge that we will treat any such information following our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required before acceptance of any order through the Services.

Taxes and Shipping

Applicable taxes will be shown during the checkout process before finalizing your order. If applicable, VAT is included in the purchase price. We endeavor to deliver all orders on schedule. However, we cannot guarantee that our shipping providers or suppliers will not experience any shipping delays or problems.

Errors, Inaccuracies, and Omissions

You might find that the product you receive does not match what you saw online on rare occasions. If that occurs, let us know.

We strive to be as accurate as possible. However, we do not warrant that all product descriptions, images, photographs, pricing, or other information on the Services are accurate, complete, current, or error-free. If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund in accordance with our Return, Exchange and Refund policies below. Whether on the Services, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct any error, revise your order accordingly, or cancel the order and refund any amount charged. IF YOU RECEIVE AN ORDER THAT YOU BELIEVE CONTAINS A MISTAKE, WE ENCOURAGE YOU TO CONTACT US RIGHT AWAY SO THAT WE MAY CORRECT THE ERROR.

Return, Exchange and Refund Policies

As much as we’d like to, we can’t always guarantee your happiness with a product. To address this, we have a return policy.

Contact us for the details of our return, exchange, and refund policies. We comply with the applicable laws and regulations with respect to returns, exchanges, and refunds in your jurisdiction.

Accounts

Registration and Account Information

You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether the activities are authorized, and for keeping your account password secure. You agree to notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be responsible for our losses or the losses of others due to any unauthorized use. We reserve the right to require you to alter your password if we have reason to believe your password is no longer secure. We may also require you to change your password from time to time.

You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person’s account. We reserve the right to refuse to provide you with an account or cancel your account in our sole discretion, provided that such termination will not terminate our obligation to make any payments to you that may be owed.

Disclosure of Account Information

Under certain circumstances, we may disclose your account information.

You acknowledge and agree that we may access, retain and disclose your account information, and content if required to do so by law or in a good faith belief that any access, retention or disclosure is reasonably necessary to: 

(a) enforce these Terms or the policies

(b) respond to your requests for customer service

(c) respond to a legal notice 

(d) comply with legal process; or 

(e) protect the rights, property, or personal safety of our company, our users, or the public.

Termination of account

You can terminate our account at any time. We will remove your account if you violate these Terms or our policies. 

We may suspend or terminate your access to the Services if you are determined to be, in our sole discretion, in violation of these Terms or any of our policies. We may also suspend or terminate your access to all or any part of the Services or your account at any time, with or without cause, with or without notice, effective immediately. You may terminate these Terms at any time by terminating your use of the Services. On termination of these Terms for any reason, the rights and licenses granted to you hereunder will immediately cease, and the provisions of these Terms that by their nature and context are intended to survive termination will survive. We will have no liability to you for any damages, loss of profits, or other claims arising from the termination or suspension of your access to the Services or your account.

Upon termination, we will suspend your account and remove your information, if any, from the Services within ninety (90) days. Without the foregoing limitation, we will have the right to retain copies of your account information and content in our archives for our internal business and legal purposes. Unless your account has been terminated for a breach of these Terms or any of our policies, as determined by us in our reasonable discretion, you will be paid in the ordinary course through the termination of your account.

If you believe that your account has been erroneously or unfairly suspended or terminated, please contact us so we may further investigate. If you are still unsatisfied or feel that you have not been treated fairly, please see the section below for the Resolution of Disputes.

GRANT OF RIGHTS AND USER CONDUCT

Customers both have certain rights when using Services. Obvious, perhaps, but still needs to be said. 

Grant of Rights

As long as you comply with these Terms and our policies, we grant you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the Services solely for their intended purpose.

User Conduct

You agree to abide by these Terms and our policies while using the Services and interacting with other users. 1pen-ePublish is founded on respect for others, and we take this very seriously. You agree that you will not, either directly or indirectly:

Transfer your account or account information to another party without our prior written consent; Create deceptive accounts or more than one (1) account without our prior written approval; Decompile, disassemble or otherwise reverse engineer the Services or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services; Stalk, harass or harm another person via the use of the Services comments; Impersonate any person or entity, including, but not limited to, our employees, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity; Harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent; Upload, post, email, transmit or otherwise make available through the Services any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; Use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission; Distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere or attempt to interfere with the proper working of the Services or any activities conducted through them; Bypass any measures we may use to prevent or restrict access to the Services; or Circumvent or manipulate our payment process.

RESOLUTION OF DISPUTES 

Governing Law and Jurisdiction

These Terms are governed by EU law, and you agree to resolve any disputes in Brussels, Belgium (except as set forth below).

These Terms will be governed by the laws of the EU, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in Brussels, Belgium, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.

Informal Resolution

It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or disappointed you somehow. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at admin@1pen-epublish.com to describe to us the nature of your complaint or dissatisfaction. This email should lead to resolution, but if your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other approach, so please do not forget to contact us first.

Mutual Agreement to Arbitrate

PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AND 1PEN-EPUBLISH AGREE TO ARBITRATE ANY CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS YOU OPT-OUT. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. WHETHER OR NOT YOU OPT-OUT. HOWEVER, YOU ARE GIVING UP A RIGHT TO A TRIAL BY JURY. YOU AND WE UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.

THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, LOCAL, OR OTHER COURT OR AGENCY, WILL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS AND THIS AGREEMENT TO ARBITRATE, INCLUDING BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE.

You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any disputes and claims that cannot be resolved informally and that relate in any way to or arising out of your use of the Services and these Terms or to any products or services sold or distributed by us or through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(-ies) on an individual basis in a court located in Los Angeles County, California. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision). As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.

US CLaims

For users in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org/consumer or by calling 1-800-778-7879. The AAA’s rules will govern payment of all filing, administration, and arbitrator fees.

Non-US Claims 

For users outside of the United States, any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures. The ICDR’s rules are available at https://www.icdr.org.

If you are from the European Union (“EU”) and purchased products, the EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Means and Fees

In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in-person in the jurisdiction where you reside or at another mutually agreed upon location. The language of the arbitration will be English or, for users who live outside of the US, the official language of your jurisdiction. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If you initiate arbitration, we will reimburse you for filing, administration and arbitrator fees for claims totaling less than USD 10,000, unless the arbitrator determines the claims are frivolous. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel, or other out-of-pocket costs or expenses. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

Right to Opt-Out

YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to admin@1pen-epublish.com or by emailing us, postage prepaid, to 1pen Publish Midtfløjene 8, 1 th, 2700 Brønshøj, Copenhagen, Attention: Legal Department. Such opt-out must be given within the earlier of thirty (30) days of approving your first purchase of products on the or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such a deadline will be ineffective, and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. If this CLASS ACTION WAIVER is deemed unenforceable concerning any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this CLASS ACTION WAIVER still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.

Waiver of Trial by Judge or Jury

YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.

Limitation of Actions

You and we agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

General Terms 

Waivers and Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT TO ANY ACTIVITIES, CONTENT, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USERS.

THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OR THAT THE SERVICES WILL BE ERROR-FREE OR THAT ALL TRANSACTIONS WILL BE COMPLETED. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT AND WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF MONEY OR PROFITS, GOODWILL, DATA, CONTENT OR REPUTATION, OR ANY PROPERTY DAMAGE OR PERSONAL INJURY WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED THAT YOU MAY HAVE AGAINST US ARISING OUT OF YOUR USE OF THE SERVICES.

REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $100.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE SCOPE AND DURATION OF OUR WARRANTIES AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Modifications

We reserve the right, at any time and in our sole discretion, to change these Terms, the Privacy Policy, in whole or in part, by notifying you as described in the Notices provision below. You are responsible for reviewing and complying with these Terms, and the privacy policy in effect when you use the Services. You acknowledge that you will be bound by the revised Terms, as of their effective date set forth therein, and your continued use of the Services constitutes acceptance of them.

Notices

Except as stated otherwise, all notices required from you under these Terms must be sent to any address specified by us from time-to-time, in our sole discretion. Legal notices will be served on our registered agent in the State of Delaware. We will provide you with notices about changes to the Services or these Terms or the Privacy Policy by posting them on the Services or by sending an email to the email address you provide to us with your account. Legal notices will be provided to you at your email address. Email notices will be deemed given twenty-four (24) hours after the email is sent unless the sending party is notified that the email address is invalid.

Alternatively, if applicable, we may give you legal notice by mail to the address provided during the PayPal verification process. In that case, notice will be deemed given three (3) days after the date of mailing.

California Residents

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Data Transfer

By accessing or using the Services or submitting information, you acknowledge that you accept the practices and policies outlined in these Terms and consent to having your data transferred to and processed in the United States and EU, in accordance with our Privacy Policy and applicable law. If you do not agree to these Terms, please do not use the Services. We control and operate the Services from Denmark. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their initiative and at their own risk and are responsible for complying with all local laws, rules, and regulations. We may limit the Services’ availability, in whole or in part, to any person, geographic area, or jurisdiction that we choose at any time and in our sole discretion.

Other Jurisdictions

If you live in a country where we have a local website, the terms and conditions of such a regional website will govern your use of the Services and supersede these Terms even if you are visiting or making a purchase on 1pen-epublish.com.

Forced Majeure

We will be excused from performance under these Terms to the extent, it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from 

(1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, 

(3) quarantines or embargoes, 

(4) labor strikes, or 

(5) other causes beyond our reasonable control. 

In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.

Miscellaneous

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck, and the remaining provisions will be enforced. You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid. We may assign these Terms and our rights and obligations under them upon notice to you in accordance with the Notices provision. Headings are for reference purposes only and do not limit the scope or extent of any provision. Our failure or delay in exercising or enforcing any right or provision of these Terms or any rights under applicable law will not constitute a waiver of any of those provisions or rights.

These Terms set forth the entire understanding and agreement between you and us with respect to the subjects matter these Terms.

HOW TO CONTACT US

If you have any questions or comments about these Terms or the Services, please contact us by email at admin@1pen-epublish.com. You can also use the contact form from the Contact Menu.

You also may write to us at 1pen Publish Attn: Midtfløjene 8 st th 27oo Brønshøj. Copenhagen, Denmark