FindmyPublisher.com

Terms and Conditions of FindmyPublisher.com

Amsterdam, 2 August 2016

FindmyPublisher.com (powered by Taritje) has tried to formulate the following Terms and Conditions for the use of www.findmypublisher.com as clearly as possible. If you should nevertheless have questions about the services offered by FindmyPublisher.com, please do not hesitate to send an e-mail to info@findmypublisher.com.

Article 1 – Definitions

In these Terms and Conditions, the following terms will have the following meanings:

  • FindmyPublisher.com: having its registered office and principal place of business in the Netherlands, 3812 PH, registered with the Chamber of Commerce under number 71681035
  • Author: natural person who created an author account using a www.findmypublisher.com account.
  • Publisher: legal person which created a publisher account using a www.findmypublisher.com account.
  • Reader: natural person who created a reader account using a www.findmypublisher.com account.
  • Platform: website published under www.findmypublisher.com.
  • Author Contract: arrangements between FindmyPublisher.com and the Author.
  • Publisher Contract: arrangements between FindmyPublisher.com and the Publisher.

Article 2 – Applicability

These Terms and Conditions apply to all Authors, Publishers and Readers making use of www.findmypublisher.com. In the event of inconsistency with other terms and conditions or agreements with Authors, Publishers and Readers, the present Terms and Conditions will prevail.

Article 3 – Description of services and products of www.findmypublisher.com

3.1 On the website.findmypublisher.com Authors and Publisher scan promote their books and to find publication opportunities worldwide, in the broadest sense of the word.

3.2 Www.findmypublisher.com brings Authors, Publishers and Readers together and assists Authors in producing their books and in finding publication opportunities through the online platform, individual sessions and events.

Article 4 – Privacy

FindmyPublisher.com registers user details of this site and makes them available to third parties, Authors and Publishers. These details are completely anonymous and do not contain any names or e-mail addresses; their exclusive objective is to represent the Reader's appreciation of the Author and his/her work. Reader responses may be disclosed as well.

Article 5 – Intellectual Property

The content of the website displayed under www.findmypublisher.com is protected by copyright. Except with regard to synopsis and books posted by Authors, these rights are vested in www.findmypublisher.com. Authors, Publishers and Readers are not permitted to multiply and/or publicise the website of parts of the website for purposes other than the use specified in these Terms and Conditions without the prior written consent of www.findmypublisher.com.

Article 6 – Liability

6.1 The content of www.findmypublisher.com has been put together with the greatest possible care. However, the content on FindmyPublisher.com is partly user generated, FindmyPublisher.com cannot give any guarantees as regards the nature or content of the information on this site. FindmyPublisher.com (trade name of Taritje) will not be liable for the content of information posted by Authors, Publishers and Readers, but will remove or at least make inaccessible indisputably unlawful information following a Notice & Take-down notification as referred to in Article 11.

6.2 In order to gain access to particular services and/or products of the www.findmypublisher.com website, Authors, Publishers and Readers may have to create an account via www.findmypublisher.com. Authors, Publishers and Readers will themselves be responsible for the correctness and accuracy of the details entered. FindmyPublisher.com (trade name of Taritje) will not be liable for losses resulting from the provision of incorrect details by Authors, Publishers and Readers.

6.3 FindmyPublisher.com (trade name of Taritje) will not be responsible or liable for the accessibility or content of any other website that is connected via one or more links to the www.findmypublisher.com website.

6.4 FindmyPublisher.com (trade name of Taritje) will not be liable for direct or indirect losses.

Article 7 – Formation, duration, suspension and termination of agreements

7.1 Agreements between Authors, Publishers and Readers and www.findmypublisher.com will be formed through the acceptance of these Terms and Conditions upon the creation of an account. A separate contract will be concluded with Publishers and Authors within two weeks of the creation of an account (Publisher Contract or Author Contract). If no such contract is concluded, Taritje will have the right to remove the account.

7.2 FindmyPublisher.com will be entitled to terminate the agreement in writing with immediate effect, without notice of default being required, and/or to suspend the obligations of www.findmypublisher.com and/or to permanently exclude the Author, Publisher or Reader on FindmyPublisher.com services and/or products, and/or to remove or at least make inaccessible communications posted by Authors, Publishers or Readers, without prior notification, if:

  1. the Author, Publisher or Reader fails to fulfil their obligations under the agreement, or fails to do so in full or in time;
  2. Circumstances of which Taritje became aware after the conclusion of the agreement constitute good grounds for fearing that the Author, Publisher or Reader will not fulfil their obligations;
  3. Circumstances occur which are such that www.findmypublisher.com cannot reasonably be expected to perform the agreement or to maintain the agreement in unaltered form;
  4. It is brought to Taritje's attention that the Author, Publisher or Reader has been involved in any way in posting communications on www.findmypublisher.com or elsewhere in the media that are of a discriminatory, racist, vindictive or offensive nature;
  5. It is brought to Taritje's attention that the Author, Publisher or Reader has been involved in any way in posting communications on www.findmypublisher.com that are subject to (intellectual) property rights of third parties;
  6. It is brought to Taritje's attention that the Author, Publisher or Reader has been involved in any way in posting communications on www.findmypublisher.com or elsewhere in the media that may damage the reputation of www.findmypublisher.com and/or may otherwise be harmful to www.findmypublisher.com;
  7. the Author or Publisher has been declared bankrupt, or a petition has been filed for the Author's or Publisher's bankruptcy;
  8. the Author or Publisher has applied for or has been granted a suspension of payments.

7.3 If FindmyPublisher.com takes one of the above-mentioned measures on the grounds referred to in this article, Taritje will in no way be obliged on that account to pay compensation for losses or costs arising as a result thereof. However, Taritje will be able to recover its own losses from the Author, Publisher or Reader.

7.4 FindmyPublisher.com will not be obliged to fulfil any obligation towards the Author, Publisher or Reader if it is prevented from doing so by a circumstance which is beyond its control and whose consequences should not be borne by Taritje pursuant to the law, a legal act or common opinion.

Article 8 – Conditions for Authors

Authors have the right to create an account on the website www.findmypublisher.com, provided that in doing so they meet the conditions imposed by www.findmypublisher.com, including the conclusion of an Author Contract within two weeks of the creation of the account. Www.findmypublisher.com will be entitled at all times to change the conditions for participation as it sees fit.

Article 9 – Conditions for Publishers

Through www.findmypublisher.com, Publishers can create an account insofar as they meet the conditions imposed by FindmyPublisher.com. A Publisher Contract must be signed between the Publisher and FindmyPublisher.com within two weeks of the creation of the account. If no such contract is signed, FindmyPublisher.com reserves the right to remove the account. FindmyPublisher.com will be entitled at all times to change the conditions for participation as it sees fit.

Article 10 – Conditions for Readers

10.1 Through www.findmypublisher.com, Readers, insofar as they are natural persons and meet the other conditions imposed by www.findmypublisher.com, can follow, review and promote an Author or synopsis by means of an account to be created on the platform. Www.findmypublisher.com will be entitled at all times to change the conditions for participation as it sees fit.

10.2 A Reader who follows an Author or other Reader and reviews a synopsis at least once every three months can qualify for events and other special promotions of www.findmypublisher.com.

10.3 If a Reader does not use his/her account on www.findmypublisher.com for a consecutive period of more than six months, the account may be closed.

10.4 If the Reader, in the opinion of www.findmypublisher.com, does not comply with the obligations applicable under these Terms and Conditions, www.findmypublisher.com will have the right to terminate the agreement with immediate effect, without being liable to pay compensation.

Article 11 – Notice & Take-down

11.1 Every Author, Publisher or Reader of www.findmypublisher.com can notify Taritje of unlawful and/or criminal information posted on www.findmypublisher.com by sending a message to info@findmypublisher.com, requesting that this information be removed or at least be made inaccessible.

11.2 Such a notification should preferably only be made when it is likely that the person making the notification and www.findmypublisher.com cannot or will not reach agreement. The person making the notification will be responsible for making correct and complete notifications.

11.3 Notifications made in the context of a criminal investigation regarding an offence must originate, in a manner verifiable by the intermediary, from a control or investigation service or – in the event of a statutory order – from the Public Prosecutor.

11.4 When making notifications other than those referred to in Article 11.3, the notifier must in any case provide the following information:

  • the notifier's e-mail address;
  • the details which the intermediary needs in order to assess the content, including at least the location (URL);
  • reasons why the notifier considers the content to be unlawful or criminal, or why the notifier believes this content to be inconsistent with the criteria published by the intermediary as regards undesirable content.

11.5 When a notification as referred to in Articles 11.1 to 11.4 inclusive has been received, this notification will be processed by Taritje and/or in conformity with the latter's own procedure, whereby Taritje will assess whether the notification involves indisputable unlawfulness and a corresponding obligation to remove the information.

Article 12 – Final provisions

12.1 These Terms and Conditions are governed by Dutch law. The applicability of the Vienna Sales Convention is excluded. All disputes arising from (the applicability of) these Terms and Conditions will be submitted exclusively to the competent court in the Netherlands.

12.2 Taritje has the right at all times to amend these Terms and Conditions unilaterally as it sees fit. Taritje will always publish the most recent version of its Terms and Conditions on www.findmypublisher.com.

12.3 If one or more provisions of these Terms and Conditions should be void or voided at any time, either wholly or in part, the remaining provisions of these Terms and Conditions will remain in full force.

12.4 These Terms and Conditions were drawn up in accordance with Dutch law. All claims resulting from these Terms and Conditions will be heard in accordance with Dutch law by a court in the Netherlands.

Amsterdam, 1 januari 2018

Company: De Vrije Uitgevers

www.findmypublisher.com

Registered with the Chamber of Commerce under number: 71681035

VAT number: NL858808195B01

E-mail: info@findmypublisher.com