Bookstagrammers.com is registered at the Chamber of Commerce under number 60509295 and is established on Dijkerhoekseweg 13 (7451LV) in Holten, the Netherlands.
Article 1 - General
- Bookstagrammers.com: the service provider that makes available the use of the Website to a Bookstagrammer.
- Company: the natural or legal person acting from the exercise of a profession or business.
- Campaign: the offer of Purchaser to a Bookstagrammer for the purpose of the implementation of one or more services offered by the Purchaser, to which the Bookstagrammer can respond.
- Consumer: the natural person not acting from the exercise of a profession or business.
- Services: Bookstagrammers.com offers a platform where Purchaser can propose campaigns and Bookstagrammer can accept the relevant campaign on the basis of his/her areas of interest.
- Bookstagrammer: the social influencer, being a Company or a Consumer who is involved in a Campaign. If reference is made to a Bookstagrammer, thereby is also intended: Booktuber, Booktoker, Bookblogger and/or different names that may be understood as Bookstagrammer by a party concerned.
- Purchaser: the Company that needs the promotion of their products or services on social media by a Bookstagrammer.
- Agreement: every Agreement and other commitments between Bookstagrammer and Bookstagrammers.com, as well as proposals of Bookstagrammers.com for Services that are provided by Bookstagrammers.com to Bookstagrammer and which are accepted and have been approved by Bookstagrammer and are implemented by Bookstagrammers.com.
- Website: www.bookstagrammers.com.
- Work: the pictures, videos and/or text that Bookstagrammer has manufactured and placed on one or multiple social media websites in the context of the Agreement.
Article 2 - Applicability
- The general conditions of Bookstagrammer from the exercise of a profession or business are excluded.
- Bookstagrammers.com handles the (personal) data of Bookstagrammer with care. The processing of personal data will exclusively take place within the framework of the implementation of the services of Bookstagrammers.com. Bookstagrammers.com will not process the personal data for any other purpose and never retain it for any longer than is necessary. More information can be found in the Privacy statement of Bookstagrammers.com.
- The Website of Bookstagrammers.com in principle is not accessible to minors, unless the minor (of 16 or older) can prove that he has permission from a parent and/or legal custodian evincing that the minor may carry out the relevant act independently, unless the relevant act is customary to conduct in society without written permission.
- As provider of the Website, Bookstagrammers.com mediates in the sense of article 7:425 BW (Civil Code) for the adoption of an Agreement between a Bookstagrammer and Purchaser.
- Bookstagrammers.com does not have any control over, and never provides guarantee for the quality, suitability, completeness, correctness, (il)legality, evaluations and/or reviews of the Campaigns, or the Purchaser who placed the relevant Campaign. Bookstagrammers.com points out that every Bookstagrammer has an independent investigation obligation to find out whether the shown Campaign(s) is compliant with what is stated above. Any possible pictures for the Campaign are solely and exclusively intended as an illustration. A Bookstagrammer cannot derive any rights from this/these picture(s) and can never be qualified as a picture approved by Bookstagrammers.com.
- The content of placed Campaign or parts thereof may be displayed on other websites, applications, e- mails, social media, and in other on and off-line Campaigns.
- The Website may contain links to third-party websites. On the websites of third parties, different cookies and/or privacy statements may be applicable. Bookstagrammers.com is not responsible or liable for the availability or correctness of the (content of the) websites of third parties. A link on the Website to a third party can never be qualified as approval by Bookstagrammers.com of the (services of) the third party.
- It is prohibited to Bookstagrammer to transfer the Agreement to a third party, unless expressly established otherwise in writing.
Article 3 - Use of the Website
- Bookstagrammers.com can impose further limitations or conditions on access to certain parts or functions of the Website such as, for example, though not limited to, the creation of an account, the completion of a verification process, and compliance with specific quality or suitability criteria.
- The verification of Bookstagrammers is not fool proof. Bookstagrammers.com nevertheless takes all measures than can reasonably be taken that can be expected of them regarding the verification process. A Bookstagrammer may be obliged concerning to provide a form of (government) identification or other information. Bookstagrammers.com has the right as well to screen Bookstagrammers on the basis of public registers of criminal convictions (if available).
- It is prohibited to each Bookstagrammer to copy the (content) of the Website and/or to reproduce it in another manner, to disclose or alter it, without the prior written consent of Bookstagrammers.com. Thereby is also intended the content of the Campaigns.
- The (content of) the Website and Campaigns may be protected by intellectual property rights and/or trademarks. By using the Website, each Bookstagrammer agrees that the intellectual property rights lie with Bookstagrammers.com and/or the Purchaser who placed the Campaign. It is expressly prohibited to the Bookstagrammer to violate the intellectual property rights of Bookstagrammers.com and third parties, as well as the reputation of Bookstagrammers.com. All intellectual property rights and copyrights of the Website, also including the graphic design, ideas and the likes lie exclusively with Bookstagrammers.com and are expressly not transferred to Bookstagrammer. It is prohibited to a Bookstagrammer to use, modify, copy, give in license, sell, or otherwise exploit the content. A Bookstagrammer only has a limited right of use to make use of the Website.
- It is furthermore not permitted to Bookstagrammer to process, collect or in another manner use the (personal) data of Purchaser who has posted a Campaign on the Website, for the purpose of acquisition or the offering of own products.
- Bookstagrammer makes sure that all personal data provided by him/her for which Bookstagrammers.com indicates that they are necessary or of which Bookstagrammer should reasonably understand that they are necessary for the access to and/or the use of the Website, are correct and complete.
- Bookstagrammers.com is not liable for damage, of whatever nature, that has arisen because Bookstagrammers.com relied on incorrect and/or incomplete information provided by the Bookstagrammer, unless such incorrectness or incompleteness was known to Bookstagrammers.com.
- A Bookstagrammer has access to the information as published and displayed on the Website. Bookstagrammer is responsible himself at all times for all data and information that he/she posts on the Website or in his/her account. If Bookstagrammer suspects that data provided by him/her are incorrect or incomplete, Bookstagrammer will inform Bookstagrammers.com without delay and provide the correct information still. Bookstagrammer must keep his/her data up to date him/herself and to such effect can modify the data in his/her own account.
- Bookstagrammers.com has the right to change (parts of) the Website, as well as their Services. Bookstagrammer will be timely informed of any possible changes.
- Bookstagrammer must observe the effective rules (of conduct) as established by the Purchaser with regard to activities for which Bookstagrammers.com mediates and behave as is considered proper in society. Upon registration, Bookstagrammer accepts the selection criteria indicated by Bookstagrammers.com and Bookstagrammer is aware of the consequences (for example exclusion from the database) if the selection criteria of Bookstagrammers.com are not met (anymore).
Article 4 - The account
- Every Bookstagrammer must create an account for the purpose of access and use of certain functions of the Website, such as viewing a Campaign. For the professional Bookstagrammer it applies that the person carrying out the registration declares and guarantees that he/she has the authority to bind the organisation legally and grants all permits and licenses required to Bookstagrammers.com that are necessary for the purpose of the correct implementation of the Agreement.
- The account can be registered with an e-mail address and a password.
- The Bookstagrammer is obliged during registration of the account to provide correct and complete information and to keep the account up to date at all times.
- Each Bookstagrammer may only register one account, unless it is expressly established otherwise in writing. The account is personal and may not be transferred.
- The Bookstagrammer is responsible himself for his or her login data and must not provide this login data to third parties. If a Bookstagrammer suspects that the login data were lost, stolen, or that there may be unauthorised use of the account, Bookstagrammer must immediately contact Bookstagrammers.com. Bookstagrammer is responsible himself for all activities that are carried out through the own account, unless the Bookstagrammer can prove he/she has not been negligent (not reporting unauthorised use or loss of login data).
- Only after the account has been created can a Bookstagrammer carry out activities on the Website.
Article 5 - Notice and Takedown
- In case of (possible) criminal acts, Bookstagrammers.com is obliged to file a police report and to hand over the data provided by Bookstagrammer to the competent authorities, as well as to take all actions that are asked of them in the context of the investigation. Bookstagrammers.com has the right to deny Bookstagrammer access to the Website and/or to terminate the use of the Website.
- Besides the obligations from the law, damage that arises through the incompetence or through acting non-compliantly with the items above is at the expense and risk of Bookstagrammer.
- Bookstagrammer is responsible himself for the correct security of the (mobile) device on which he/she uses the Website, as well as for the security and secrecy of his/her own login data.
- If and to the extent there is a violation of rights of Bookstagrammers.com or third parties and/or unlawful conduct by Bookstagrammer, Bookstagrammers.com also has the right to remove the account of Bookstagrammer or to impose restriction in another manner on the use of the account of Bookstagrammer. Bookstagrammers.com will immediately remove any rights-infringing/harmful information. Under no circumstance is Bookstagrammers.com liable for the damage incurred by Bookstagrammer, regardless of its nature, as a result of the actions of Bookstagrammer.
- Every Bookstagrammer can report indications and/or complaints to Bookstagrammers.com regarding rights-infringing or illegal Campaigns, or complaints about other Bookstagrammers. A report can be submitted at email@example.com.
Article 6 - Availability Website
- Bookstagrammers.com does not guarantee that the Services will always meet the expectations created in advance. Bookstagrammers.com exerts itself to provide (the access to) the Website, to the extent possible, uninterruptedly to Bookstagrammer, but it does not guarantee total availability at all times of the Website. Bookstagrammers.com has the right, if and to the extent in their opinion there is a risk to the flawless functioning of the Website, to suspend the use of the Website. Bookstagrammers.com furthermore has the right to take all measures that it deems reasonably necessary to be able to assure the effective functioning of the Website.
- Bookstagrammers.com is not responsible for disruptions or malfunctions of the internet, telecom infrastructure that lies outside the sphere of control of Bookstagrammers.com and that may lead to interruptions to the availability of the Website. Bookstagrammers.com can, temporarily and with due regard for the legitimate interests of the Bookstagrammers, restrict the availability of the Website if Bookstagrammers.com deems such necessary with an eye on possible capacity limits, the security/integrity of the servers of Bookstagrammers.com, or to carry out maintenance on the Website. Bookstagrammers.com has the right to carry out maintenance on the Website and may introduce new functionalities. Bookstagrammers.com will inform the Bookstagrammers as much as possible of any possible changes to the Website, unless such changes are of a minor nature without having a material effect on any possible contractual obligations.
- Bookstagrammers.com never has responsibility for and/or influence on the Campaign of Purchaser and does not give any guarantees regarding the quality of what is offered, the authorisation of Purchaser to post the Campaign on the Website, nor regarding the correctness and completeness of the information offered. Every Bookstagrammer has an independent obligation to investigate the Campaign that is offered by a Purchaser. All information and figures that are displayed on the Website are subject to spelling and typing errors. Bookstagrammers.com is never liable if the Campaign does not meet the expectations of a Bookstagrammer.
Article 7 – Independent entrepreneurship Bookstagrammer
- Bookstagrammer is entirely independent upon the implementation of the Agreement and carries out his or her activities at own expense and risk. Bookstagrammers.com can nevertheless give advice and instructions to realise an appropriate result for the Purchaser.
- Bookstagrammer can determine his or her working hours independently.
- If third parties, also including the tax office, may assume the position (in the future) that there is not a situation of independent entrepreneurship on the part of Bookstagrammer, then parties commit themselves to modify the relationship existing between them in such a manner and to take the measures required so that the relevant third parties believe independent entrepreneurship does pertain.
- Bookstagrammer is liable for claims from fiscal and/or social-security authorities in the matter of wage taxes and social security contributions and of fines imposed and interest in connection with or flowing from the position of such authorities that, contrary to the express position and intention of parties, the Bookstagrammer supposedly has a (fictive) employment relationship with Bookstagrammers.com and indemnifies Bookstagrammers.com concerning.
Article 8 – Advertising Code ('Reclame code') Social Media
- Advertising through social media must be clearly recognisable as such.
- Bookstagrammer was made aware by Purchaser of the social-media advertising code 'Reclame Code Sociale Media'. The Work must be recognisable for third parties as advertising. It must be indicated at the Work that Bookstagrammer receives compensation for the Work if he/she receives compensation for publishing his/her Work.
- Bookstagrammer must make sure that:
- Advertising on social media can be recognised as advertising.
- Clear terms/hashtags (such as, for example, #spon or #ad) are used, whether or not upon indication of the Purchaser. The differences between the social-media platforms and the target groups must be taken into account as well.
- The Work does not violate the other rules of the advertising code 'Nederlandse Reclame Code': https://www.reclamecode.nl/nrc/reclamecode-social-media-rsm/.
Article 9 - Limitation of Liability
- Bookstagrammers.com is not liable in case as a result of a situation of force majeure they are unable to fulfil their obligations, nor can they be forced to comply with any obligation if they are prevented from doing so as a result of a circumstance that cannot be blamed on their fault, and is not their responsibility either according to the law, to a legal transaction, or to commonly held opinion. By force majeure is intended in any case, though it is not limited to, what is defined as such in the law and jurisprudence, (i) force majeure of suppliers of Bookstagrammers.com, (ii) the not properly complying with obligations by suppliers, (iii) defectiveness of matters, devices, software, or materials of third parties, (iv) government measures, (v) power malfunction, (vi) malfunction of the internet, data network and telecom facilities (e.g., due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport issues, (x) work strikes at the company of Bookstagrammers.com, and (xi) other situations that in the opinion of Bookstagrammers.com fall outside their sphere of control which temporarily or permanently prevent compliance with their obligations.
- If and to the extent any legal provision does not oppose such, Bookstagrammers.com excludes any liability for damage incurred by the Bookstagrammer on grounds of (i) the use of the Services of Bookstagrammers.com, (ii) the content of the Campaign of a Purchaser (iii) the Website not being fully or safely available, (iv) changes in, to, or on the Website or Services of Bookstagrammers.com, and (v) any possible incorrect and/or incomplete information on the Website.
- Bookstagrammers.com excludes all consequential damage.
- If and to the extent Bookstagrammers.com turns out to be liable, their liability is limited to the maximum amount that is disbursed per event per year by their liability insurance.
- The liability of Bookstagrammers.com is limited in any event to the amount that they have paid to Bookstagrammer in the context of the Agreement, though at most until one year (12 months) prior to the damage-causing event.
- All claims of Bookstagrammer on account of falling short on the part of Bookstagrammers.com lapse if they are not reported in writing, including substantiation, to Bookstagrammers.com within one year after Bookstagrammer was aware or could reasonably have been aware of the facts on which he/she bases his/her claims. One year after termination of the Agreement between parties, the liability of Bookstagrammers.com lapses.
Article 10 - Waiver
Bookstagrammer safeguards Bookstagrammers.com against claims by third parties regarding damage incurred by them on grounds of (i) the acceptance of the Campaign and the carrying out thereof by Bookstagrammer (ii) the use of Services of Bookstagrammers.com, and (iii) the unlawful content of the Campaign.
Article 11 - Complaints
- If a Bookstagrammer is not satisfied with the Services of Bookstagrammers.com, Bookstagrammer is obliged to report these complaints as soon as possible, though no later than within 7 calendar days following the occasion leading to the complaint. Complaints can be reported in writing at firstname.lastname@example.org, indicating "Complaint" as a subject.
- The complaint must be sufficiently substantiated and/or explained by Bookstagrammer for Bookstagrammers.com to be able to take the complaint under advisement.
- Bookstagrammers.com will give a substantive reaction to the complaint as soon as possible, though no later than within 7 calendar days after receipt of the complaint.
- Parties will try to reach a solution in mutual consultation.
Bookstagrammers.com is at liberty to modify (parts of) the Website, as well as the content of their Services and the present general conditions. The modified conditions are published on the Website with the most recent date of the update. The Bookstagrammer will also receive an e-mail 30 days prior to the entry into effect of the modified conditions, indicating the relevant changes. If Bookstagrammer does not agree with the content of the modifications, Bookstagrammer can terminate the Agreement immediately. Bookstagrammer will receive a further e-mail regarding the manner in which the Agreement can be terminated. If Bookstagrammer does not timely, or at least not before the date on which the modifications become effective, reject or submits an objection in another manner, or terminates the agreement, Bookstagrammer accepts the modified conditions. Also if Bookstagrammer uses the Website as from the date of entry into effect of the modifications, Bookstagrammer is deemed to have accepted the modified conditions.
Article 13 - Applicable law
- To the legal relationship between Bookstagrammers.com and Purchaser, and Bookstagrammers.com and Bookstagrammer, Netherlands legislation is applicable.
- All disputes that have arisen through or in connection with the agreement between Bookstagrammers.com and Purchaser, or through the use of the Website by Bookstagrammer, are settled by the competent court of law of Overijssel, at Almelo, unless provisions of mandatory law designate a different competent court.
Holten, 24 September 2020