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Company name: HostingJournalist B.V. Website operated by HostingJournalist B.V.: HostingJournalist.com Registered office HostingJournalist B.V.: Coehoornsingel 58, 7201 AD, Zutphen, the Netherlands. Chamber of Commerce: 82028680 VAT number: NL862310908B01 Email: sales[at]HostingJournalist.com Terms & Conditions Version 1.0, release date: November 01, 2014 Latest update 1.5: April 24, 2024 Article 1. DefinitionsAdvertiser: The party that places an Advertisement in HostingJournalist B.V. content. Advertisement: Advertisement can be taken to mean a publication (banner) for a company or a product or a job vacancy. Advertising Contract: Any agreement in which HostingJournalist B.V. undertakes to place one or more advertisements. Publication Period: Period within which the agreed Advertisement is published on the HostingJournalist B.V. website. Content: Works, texts, videos, information, or other materials in whatever form that are published or made available online or in print by HostingJournalist B.V. and its clients and partners. Product: A mutually coherent and cohesive amount of content in written physical or digital form, including the corresponding updates. Services: Tasks that HostingJournalist B.V. performs on the instructions or on behalf of the Customer, including providing advice, consultancy, supplying news in various forms, as well as providing access to databases. Provider: HostingJournalist B.V. supplying services and/or products under these Terms & Conditions. User: The individual, company, or entity making use of HostingJournalist B.V.’s services and/or products under these Terms & Conditions. Customer: The individual, company, or entity making fee-based use of HostingJournalist B.V.’s services and/or products under these Terms & Conditions. Site/Website: the website HostingJournalist.com and its accompanying channels (including but not limited to the website itself, related websites, as well as social media, email newsletters and/or apps, which hereafter shall be called ‘Website’ or ‘Site’). Article 2. Applicability2.1 These general conditions shall apply to all quotations, offers, websites and agreements of HostingJournalist B.V. and other affiliated companies referring to these Terms & Conditions, including but not limited to the website HostingJournalist.com. 2.2 These Terms & Conditions comprise general provisions and the following specific conditions:
The specific provisions take precedence over the general provisions. The provisions of specific conditions may apply to an agreement with HostingJournalist B.V. 2.3 By entering into an agreement with HostingJournalist B.V., the other party waives the applicability of any general conditions used by it, howsoever denominated, so that all our agreements shall exclusively be governed by the conditions as used by HostingJournalist B.V. 2.4 If interim modifications are made to these Terms & Conditions, the modified version will be part of any Agreement that has been created at any point in time after the changes have come into effect. 2.5 The Customer is not allowed to transfer its rights arising from this Agreement to any third party without HostingJournalist B.V.’s express prior written consent. 2.6 HostingJournalist B.V. retains the right to supplement and/or modify these Terms & Conditions at any time.
Article 3. Offers, Formation and Amendment of Agreements3.1 All quotations and offers issued by HostingJournalist B.V. shall be without engagement. Only after written (order) confirmation or factual performance by HostingJournalist B.V. the agreement shall come into effect. Amendments to assignments shall be binding on HostingJournalist B.V. only to the extent confirmed in writing or factually performed by HostingJournalist B.V. 3.2 In no event shall any agreed delivery dates be deemed to be firm unless expressly agreed otherwise. Therefore, in the event of an untimely performance, HostingJournalist B.V. shall not be in default until given written notice of default. 3.3 Any quotations and/or statements by HostingJournalist B.V. with respect to its products and/or services shall be issued to the best of HostingJournalist B.V.’s knowledge but shall not be binding. Therefore, HostingJournalist B.V. expressly makes reservations regarding any discrepancies and/or changes of any nature and scope whatsoever. At all times HostingJournalist B.V. reserves the right to change, at its discretion, the format, frequency and way of offering and/or distributing its products and/or services, without granting the other party the right to modify or terminate the agreement. Article 4. Fees and Prices4.1 HostingJournalist B.V. may at any time amend the agreed fees and/or prices. 4.2 Unless expressly provided otherwise, all prices are exclusive of applicable turnover tax (VAT, which is called BTW in Dutch). HostingJournalist B.V. shall be entitled to pass any change to the VAT rate on to the other party. 4.3 Fees and expenses owed by the client will be increased by the applicable turnover tax (VAT, which is called BTW in Dutch) as required by law, unless the client is established in another European Union member state and has provided HostingJournalist B.V. with a valid VAT number, or is established outside the European Union. Article 5. Invoicing and Payment5.1 Unless expressly agreed and stated otherwise, HostingJournalist B.V.’s invoices shall be paid immediately upon receipt of invoice. Any right to set-off by the other party shall be excluded. 5.2 In the event of late payment the other party shall be immediately in default without any notice of default being required. Without prejudice to its other obligations, the other party shall pay interest on the outstanding amounts as from the due date of the invoice until the date of payment in full on an annual basis equal to the statutory commercial interest as envisaged in Section 6:119a of the Dutch Civil Code. If the other party is a consumer (i.e. a natural person not acting in the conduct of a profession or business), the statutory interest shall apply pursuant to Section 6:119 of the Dutch Civil Code. 5.3 In the event of non-payment or late payment all judicial procedural and execution costs, as well as the administrative expenses and extrajudicial collection costs, shall be borne by the other party. The extrajudicial collection costs shall be equal to 15% of the invoiced amount, with a minimum of 50 euros. 5.4 HostingJournalist B.V. shall at all times be entitled both prior to and after the conclusion of the agreement to require security for payment or advance payment, suspending its performance of the agreement until such security has been provided and/or such advance payment has been received by HostingJournalist B.V. 5.5 All products delivered shall remain the property of HostingJournalist B.V. until receipt of payment in full of the amounts due by the other party to HostingJournalist B.V. in respect of any delivery, including interest and costs. Article 6. Termination for Cause6.1 Without any obligation arising on its part to pay damages, HostingJournalist B.V. may dissolve all or part of its agreement with the other party with immediate effect, by registered letter and without any judicial intervention being required, in the event that: the other party files for a moratorium on payment of its debts or insolvency or is declared insolvent or offers its creditors a composition outside insolvency or in the event that any of its assets are attached; the other party ceases its activities, ceases to pursue its objects according to its articles of association, resolves to wind up its company, otherwise loses its legal personality or transfers or merges its business; the other party fails (properly) to perform any of its obligations ensuing from the relevant agreement, or fails to perform any such obligations in good time, and fails to cure such default within seven calendar days of written summons by HostingJournalist B.V.; HostingJournalist B.V. ceases publication of the relevant product or the provision of the relevant service. The provisions of this Article 6.1 shall not affect HostingJournalist B.V.’s other legal rights in the event of non-performance by the other party, such as the right to claim performance and/or payment of full damages. 6.2 HostingJournalist B.V. retains the right, at its sole discretion, to stop providing all or some of the services, for any cause, at any moment, and with or without prior notice. This include, but is not limited to, completely or partially stopping the service. Your ability to use the services will end instantly upon termination. Any use of the HostingJournalist B.V.'s services under any subscription model containing User Generated Content is subject to this termination right. HostingJournalist B.V. may exercise this right for any reason deemed appropriate by HostingJournalist B.V., ensuring the flexibility to respond to changing business, technological, and regulatory environments. Your continued use of the services constitutes your agreement to be bound by such modifications to the service’s provision. Article 7. Intellectual Property Rights7.1 The intellectual property rights and similar rights, including copyrights, trademark rights, patent rights, neighbouring rights, rights to protection of performance, including database rights, in all publications issued and other informative products provided by HostingJournalist B.V. are owned by HostingJournalist B.V. and/or its licensors. Nothing in HostingJournalist B.V.’s publications or informative products may be reproduced and/or disclosed without the express prior written consent of HostingJournalist B.V. and/or its licensors. Article 8. Confidentiality8.1 All information provided by HostingJournalist B.V. to the other party, including all information with respect to HostingJournalist B.V.’s products and services, any documentation, software and applications provided by HostingJournalist B.V., shall be deemed confidential information. The other party shall: treat this information strictly confidential and shall not disclose this information, or provide this information to third parties unless the other party is obliged to do so under a judicial order or at the order of a supervisory authority; only use this information for the purpose for which it was provided to the other party. Article 9. Personal Data9.1 HostingJournalist B.V. records data of natural persons for the purpose of performance of its (subscription) agreements and whenever such persons contact HostingJournalist B.V. in connection with the provision of services. These data will be used for the performance of an agreement and to inform persons of relevant products and services of HostingJournalist B.V., its operating companies and carefully selected third parties, that may be of interest to them. If the natural person involved does not wish to receive any such information, he/she may give written notice to that effect to: HostingJournalist B.V., Attn Address Registration, Coehoornsingel 58, 7201 AD, Zutphen, the Netherlands, or by email: privacy[at]hostingjournalist.com. 9.2 HostingJournalist B.V. ensures that the personal data are always used carefully. Both HostingJournalist B.V. and the Customer have the obligation to respect and comply with all legislation and regulations. 9.3 The Customer indemnifies HostingJournalist B.V. from and against any and all third party liability to HostingJournalist B.V. caused by the Customer’s failure to (fully) comply with the provisions of this Article. Article 10. Force Majeure10.1 If, in HostingJournalist B.V.’s reasonable opinion, non-faulty performance by HostingJournalist B.V. is or will be impossible due to force majeure, meaning circumstances beyond its control, it shall be entitled to terminate all or part of the agreement or to suspend performance of the agreement temporarily, without any obligation arising on its part to pay damages. 10.2 Force majeure shall include, but not be limited to, threat of war, war, insurrection, molest, strike, boycott, business interruption, traffic or transport interruption, (data) network interruption, government measures, scarcity of raw materials, natural disaster, fire, nuclear reaction, machine breakdown and otherwise all circumstances under which, according to the principles of reasonableness and fairness, HostingJournalist B.V. cannot be required to perform all or part of the agreement. 10.3 In the event that upon occurrence of the situation of force majeure HostingJournalist B.V. has already performed part of its obligations or can perform only part of its obligations, it may invoice the part performed or the part it will be able to perform separately and the other party shall pay such invoice as if it related to a separate contract. Article 11. Liability of HostingJournalist B.V. and Indemnification11.1 The liability of HostingJournalist B.V., its employees and the persons for whom HostingJournalist B.V. is responsible and/or liable shall: in all events be excluded, save in the event of intent or gross negligence on the part of the senior executive staff of HostingJournalist B.V.; and in case HostingJournalist B.V. is nevertheless held liable, HostingJournalist B.V.’s liability for personal injury and property damage (including the destruction or the disabling of such property) shall in all events be limited to damage which is attributable to HostingJournalist B.V. up to the invoice value of the part of the agreement from which the liability ensues, and HostingJournalist B.V. shall in no event be liable for indirect or consequential damage (including damage due to delay or lost profits). 11.2 All (editorial) information, including recommendations, ideas, opinions and/or instructions, has been composed with due care and to the best of HostingJournalist B.V.’s knowledge, however, HostingJournalist B.V. and the authors cannot in any way warrant the correctness and completeness of the information on the Site. Therefore, HostingJournalist B.V. and the authors waive any liability for damage, of any nature whatsoever, resulting from any acts and/or decisions based on such information. The other party is emphatically recommended not to use such information out of context, but to rely on its professional knowledge and experience and to verify the information to be used. The contents of advertisements have been composed by or on behalf of advertisers and their correctness, completeness and lawfulness are not verified by HostingJournalist B.V. Therefore, HostingJournalist B.V. waives any liability for the contents and design of advertisements. 11.3 While HostingJournalist B.V. publishes content and offers RSS feed capabilities for user convenience and dissemination, it is recognized that digital content can be susceptible to scraping, replication, and unauthorized redistribution by third parties. HostingJournalist B.V. explicitly disclaims any legal responsibility for instances where articles, including older content, appear on platforms outside of our domain due to scraping or RSS feed usage. Users and third-party entities are urged to respect copyright and distribution rights. Displaying our content elsewhere without explicit permission infringes upon these rights, even if facilitated inadvertently by RSS technology. 11.4 The other party shall indemnify HostingJournalist B.V. against any liability to third parties ensuing from its assignment, as well as any liability to third parties in connection with the use or the inability of the other party to use the publications issued and other informative products provided by HostingJournalist B.V. 11.5 The Site may contain links to third-party websites or services that are not owned or controlled by HostingJournalist B.V. HostingJournalist B.V. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that HostingJournalist B.V. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. 11.6 Any complaints as to the (order) confirmation shall be submitted to HostingJournalist B.V. in writing prior to performance of the agreement by HostingJournalist B.V., however in any event within eight days of the date of despatch of the (order) confirmation. 11.7 Any complaints as to HostingJournalist B.V.’s performance of the agreement shall be submitted to HostingJournalist B.V. in writing as soon as possible, however in any event within eight days of discovery of a defect in the performance, or within eight days of the time at which the defect in the performance should have been discovered, in the absence of which all rights of the other party vis-à-vis HostingJournalist B.V. shall be forfeited. 11.8 Service Level Agreement (SLA) Overview: The Provider endeavors to maintain a reliable and high-quality service for the User. While this Service Level Agreement (SLA) does not provide specific availability or performance guarantees, the Provider will make commercially reasonable endeavors to keep the services operational. The User acknowledges and agrees that the Provider’s services may be subject to sporadic interruptions, including, but not limited to, planned maintenance and events beyond the Provider’s control. The Provider expressly disclaims responsibility for any direct, indirect, incidental, or consequential losses or damages that may result from service interruptions or unavailability. By utilizing the services, the User acknowledges the terms of this SLA and agrees that the Provider is not liable for any service-related issues. Article 12. Compliance with Laws and Regulations12.1 The other party shall comply with all applicable laws and regulations including any applicable codes of conduct, and shall indemnify HostingJournalist B.V. and hold HostingJournalist B.V. harmless against any third party claims based on this obligation. Article 13. Miscellaneous13.1 HostingJournalist B.V. may assign its rights and obligations under the agreement to a business with which it is affiliated in a group, or assign such rights and obligations to a third party in connection with transfer of HostingJournalist B.V.’s business or any part thereof, or as part of the transfer of a title, a product or a service of HostingJournalist B.V., without any further consent of the other party being required. By entering into an agreement with HostingJournalist B.V., the other party consents in advance to such a transfer. HostingJournalist B.V. shall timely inform the other party of such a transfer. 13.2 HostingJournalist B.V. may amend the present conditions. Amendments shall also apply to agreements already entered into, starting from the time indicated by HostingJournalist B.V.. HostingJournalist B.V. shall announce any such amendments well in advance in a way to be chosen by HostingJournalist B.V., which may be, in the case of small amendments, the publication of the amended conditions on the HostingJournalist B.V. website, and/or reference to the amended conditions in the colophons of HostingJournalist B.V. publications. Only if the amendment of the conditions has drastic consequences for the rights and obligations of the parties, the other party shall be entitled to request HostingJournalist B.V. to continue the agreement on the basis of the unchanged current conditions rather than on the basis of the amended conditions. 13.3 If and to the extent that pursuant to the law any provision of these conditions is deemed unreasonably onerous vis-à-vis a party being a consumer (i.e. a natural person not acting in the course of a profession or business), and such other party nullifies such provision, the nullified provision shall be superseded by a provision which is not unreasonably onerous but promotes HostingJournalist B.V.’s interests to the extent possible. Article 14. Subscription Duration and Cancellation14.1 A subscription is valid for the duration of the agreed period, which is, unless stated otherwise, one month or one year. The starting date is the start of the subscription period, as stated on the relevant invoice. If the invoice does not state a subscription period, the starting date is the day on which the first shipment is made or the day on which the Online product is made available. Subscriptions are invoiced prior to the subscription period for the entire period. 14.2 Subscriptions are each time tacitly renewed at the end of each subscription period for the agreed period of time, unless the Customer has cancelled the subscription prior to the end of any current subscription period, unless HostingJournalist B.V. has stated otherwise. 14.3 If a new subscription is transferred to a new Customer in the event of an acquisition/takeover of operations, the same Terms & Conditions will continue to apply to the subscription. 14.4 You may terminate your subscription at any time by navigating to Billing Information in your Service dashboard. Terminate your subscription prior to your renewal date to prevent invoicing of the next period’s fee to the payment method on file. Your cancellation will become effective on the final day of the fee-paying period. 14.5 We reserve the right to cancel a Service subscription at any time based on our Terms & Conditions or indications that lead us to believe there is a high probability that these Terms will be violated, without being required to explicitly state the reasons for the cancellation. As a Customer you will nevertheless have the opportunity to refute a cancellation, in which case we will do everything possible to reconsider the cancellation and provide supporting evidence. 14.6 Since the Website offers non-tangible, irrevocable goods we do not provide refunds after the Products and/or Services are purchased, which you acknowledge prior to purchasing any Product or Service on the Website. Please make sure that you carefully read our service description before making a purchase. If you have any questions, concerns, or complaints regarding this refund policy, we encourage you to contact us at: sales[at]HostingJournalist.com. SUPPLEMENTAL SPECIFIC CONDITIONSArticle 15. Affiliate Disclaimer15.1 HostingJournalist B.V. may receive a commission from companies and services that are recommended and/or reviewed on the website. 15.2 Users may include affiliate links in their content, for which HostingJournalist B.V. might not have oversight or control. Clicking on or purchasing through these links may result in a commission for the author. HostingJournalist B.V. does not verify, endorse, or take responsibility for the accuracy, completeness, or reliability of any information or products linked to via user-generated content. Use of this platform indicates your acceptance of these terms. Always conduct your own research before making any online purchase. 15.3 HostingJournalist B.V. cannot be held responsible for the content and/or actions of external websites and services that are linked to from HostingJournalist.com and website visitors will be subject to their Terms & Conditions when using them. Be very sure to read the Terms & Conditions before signing up and/or paying for any service. 15.4 Visitors to HostingJournalist.com are responsible for researching offers and services and making decisions that are most suitable for their own circumstances. The information found present on the website is designed to help visitors choose products and does not constitute advice. Article 16. Advertising conditions16.1 All agreements, quotations and/or offers of HostingJournalist B.V. with respect to Advertisements shall be governed by the present advertising conditions, in addition to the general provisions, as well as by the Dutch Advertising Industry Regulations (Regelen voor het Advertentiewezen) of Stichting ROTA. 16.2 Determination of fees and conditions shall be subject to the provisions of Article 3 of the Dutch Advertising Industry Regulations. 16.3 Any forward Advertising Contracts shall take effect in accordance with the provisions of Article 4 paragraph 5 of the Dutch Advertising Industry Regulations. 16.4 If the Advertising Contract does not state a certain term, the contract shall be deemed to have been entered into for a term of twelve consecutive months. Unless provided otherwise in the Advertising Contract, the Advertising Contract shall relate to at least the agreed space and HostingJournalist B.V. may exceed the agreed space, all within the contract term and in accordance with the conditions, all without prejudice to the other party’s right to give written notice of termination of the agreement, with due observance of the applicable notice period. 16.5 If and to the extent that Advertising Contracts are governed by the Dutch Advertising Industry Regulations, the provisions of Article 17 of the Dutch Advertising Industry Regulations with respect to payment, interest, and costs shall prevail over HostingJournalist B.V.’s General Conditions in that respect. 16.6 Without prejudice to the provisions of Article 12 of the Dutch Advertising Industry Regulations and the provisions of RB’s General Conditions, HostingJournalist B.V. shall at all times be entitled to refuse, cancel or suspend performance of assignments, without giving reasons and without any liability to pay damages arising on HostingJournalist B.V.’s part. HostingJournalist B.V. shall also be entitled to do so in respect of Advertising Contracts that have already partially been performed. 16.7 The other party shall arrange that the advertising materials are supplied in good time and in accordance with HostingJournalist B.V.’s instructions. If, in HostingJournalist B.V.’s opinion, the advertising materials have not been received, or have not been received timely or correctly, or if the advertising materials are useless, incomplete and/or damaged, the other party’s right to have the Advertisement placed shall be forfeited, without prejudice to the other party’s obligation to perform all its financial obligations. 16.8 The other party shall make sure that none of the advertising materials it provides shall infringe any intellectual property rights or other rights of third parties, and the other party shall indemnify HostingJournalist B.V. and hold HostingJournalist B.V. harmless against any such third party claims. 16.9 HostingJournalist B.V. shall observe the usual care in respect of slides, working drawings, layouts and other materials provided to it by the other party for a period of twelve months after provision. After the expiration of such twelve-month period, HostingJournalist B.V. may destroy the slides, working drawings, layouts and other materials provided by the other party, or return them to the advertiser at the latter’s expense and risk. 16.10 In addition to the provisions of Article 10 paragraph 1 through 6 above, the following applies to Advertisements: if in relation to placing Advertisements, any functionalities are used for the placing of cookies and/or the reading out of data on any peripheral equipment of an (end) user, the other party is fully responsible for the use of such functionality. The other party is responsible for the use of such functionalities being fully compliant with the applicable laws and regulations, in particular, Article 11.7a of the Telecommunications Act and the Personal Data Protection Act; HostingJournalist B.V. has no obligation to inform the other party and/or advise the other party on the applicability of any laws and regulations with respect to the functionalities as set out in this Article 4.14 under a) above, including but not limited to Article 11.7a of the Telecommunications Act and the Personal Data Protection Act. If HostingJournalist B.V. does provide any information on this matter, the other party may not derive any rights from such information. The stipulations of Article 11.7a of the Telecommunications Act shall remain fully applicable to the other party; HostingJournalist B.V. does not accept any liability for any damage suffered by a third party which is caused by or in any way related to a noncompliance of the functionalities as set out in this Article 4.14 under a) above with the applicable laws and regulations in relation to such functionalities, including but not limited to particular Article 11.7a of the Telecommunications Act and the Personal Data Protection Act. The other party is liable for any related penalties imposed on HostingJournalist B.V. by a supervisory authority; the other party shall indemnify HostingJournalist B.V. and hold HostingJournalist B.V. harmless for all liability vis-à-vis third parties which are caused by or in any way related to a noncompliance with the applicable laws and regulations in relation to the functionalities as set out in this Article 4.14 under a) above, including but not limited to particular Article 11.7a of the Telecommunications Act and the Personal Data Protection Act. The other party is liable for any related penalties imposed on HostingJournalist B.V. by a supervisory authority. Article 17. HostingJournalist.com User Generated Content PolicyPlease read this User Generated Content Policy (‘UGCP’) carefully before you submit Content (including but not limited to text, photos, videos, podcasts, and links (URLs) to other websites and content, which hereafter shall be called ‘Content’) to the HostingJournalist.com Website and accompanying channels (including but not limited to the website itself, related websites, as well as social media, email newsletters and/or apps, which hereafter shall be called ‘Website’). This User Generated Content Policy and our general Website Terms & Conditions will apply to your use of our Website and the Content you submit to it or them. We recommend that you print a copy of this for future reference. By using our Website and submitting Content to our Website, you confirm that you accept this User Generated Content Policy, our Privacy and Cookie Policy and the other terms and policies in this Website Terms & Conditions and that you agree to comply with them. If you do not agree to these terms and policies, you must not use our Website or submit Content to (or via) it (or them). Capitalized but undefined words in this User Generated Content Policy shall have the meanings ascribed to them in our Website Terms & Conditions. 17.1 Your ContentAll content submitted to our Website by you (or on your behalf) via your User account (or other account, if applicable, for example social media accounts), including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, videos, podcasts, links (URLs) to other websites and content, code, and all other information and material shall be called “Content” for short. You agree to submit Content to the Website in accordance with the following rules (in particular, the Legal Standards and the Community Guidelines, as those terms are defined below). Please use caution and common sense when submitting Content to the Website. Publication of your Content will be at our sole discretion and we are entitled to make additions or deletions to your Content prior to publication, after publication or to refuse publication. We are also entitled to block or delete your account(s), if we Please note, any Content you submit to our Website or via our Apps will be considered non-confidential and non-proprietary. 17.2 Rights, Permissions & WaiversYou hereby grant to HostingJournalist B.V. and affiliates a non-exclusive, perpetual, irrevocable, transferable, royalty-free license (including full rights to sub-license) to use, reproduce and publish your UGC (including, without limitation, the right to adapt, alter, amend or change your UGC) in any media or format (whether known now or invented in the future) throughout the world without restriction. You warrant, represent and undertake to us that all UGC you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner of the work and that you have all relevant rights in your UGC to enable you to grant the rights and permissions in this clause 17.2. Where your UGC contains images of people or names or identifies individuals, you warrant, represent and undertake to us as follows: that all featured or identified individuals that are over the age of 18 and have expressly consented to their appearance in the UGC and to you submitting the UGC to our Website or via our Apps, and where featured or identified individuals are under the age of 18, that you either: are the parent or legal guardian or such featured or identified individuals, or have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the UGC and to you submitting the UGC to our Website or via our Apps. You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with your UGC, to the maximum extent permissible by law. 17.3 Content Standards – Legal StandardsYou warrant, represent and undertake to us that your UGC (including its use, publication and/or exploitation by us) shall not:
If your UGC contains any material that is not owned by or licensed to you and/or which is subject to third party rights, you are responsible for obtaining, prior to submission of your UGC, all releases, consents and/or licenses necessary to permit use and exploitation of your UGC by us without additional compensation. 17.4 Content Types on the WebsiteContent on the Website is categorized into two types: editorial content created by the in-house editorial team and content marketing resources available to customers through a membership. HostingJournalist B.V. treats allegations of abuse seriously and diligently collaborates with individuals reporting such issues to promptly address them. We strongly encourage visitors to the Website to report any form of abuse or suspected abuse they come across. If visitors encounter content that appears suspicious, contains false information, is offensive, or causes discomfort, they're encouraged to utilize the abuse reporting forms provided with each user-generated content post or send an email to sales[at]hostingjournalist.com. In addition, a dedicated 'Report Abuse' page on the Website outlines the procedures for reporting abuse and the subsequent actions taken to address the reported issues. 17.5 Content Standards – Community GuidelinesYou warrant, represent and undertake to us that your UGC: is accurate, where it states facts; and/or is genuinely held, where it states opinions (for example, in product or services reviews). You further warrant, represent and undertake to us that your UGC (including its use, publication and/or exploitation by us) shall not contain any material which: is obscene, hateful, inflammatory, offensive or in any other way falls below commonly accepted standards of taste and decency in the Netherlands; and/or is reasonably likely to harass, upset, embarrass or alarm a person (including, by way of example only, so called “trolling” or cyber-bullying); and/or is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or anxiety; and/or is sexually explicit; and/or advocates, promotes, assists or depicts violence; and/or advocates, promotes or assists any illegal activity or unlawful act or omission; and/or could be deemed to be unsolicited or unauthorized advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise); and/or gives the impression that it emanates from HostingJournalist.com or is endorsed or connected with us, if this is not the case, (together, or individually the ‘Community Guidelines’). 17.6 Content Standards - Editorial GuidelinesYou warrant, represent and undertake to us that your UGC complies with HostingJournalist B.V.’s Terms & Conditions, its Privacy Policy and the Editorial Guidelines outlined herein. The Editorial Guidelines for submitted Press Releases and Blogs to the Website include the following:
17.7 Content Standards – The Use of Affiliate LinksContent contributors are granted permission by HostingJournalist B.V. to include a maximum of one (1) affiliate link per unique content post on the Website. It is essential that such a link remains pertinent to the topic and does not deviate from the core values and focus of the Website. Additionally, all affiliate links must adhere strictly to the stipulations set out in Article 17. Any kind of affiliate link, whether a paid membership or free account is concerned, may NOT be used in a company listing on the Website. Any content found in violation will be subject to removal, and the contributor may face further action. Ensure compliance to maintain the integrity of the Website. 17.8 Consequences of BreachWe will determine, in our discretion, whether you have failed to comply with this UGC Policy when submitting UGC to our Website or via our Apps. If you have failed to comply, we reserve the right in our sole discretion to suspend you from using the Website and our Apps without notice to you and/or to edit or remove (in whole or part) any of your UGC from our Website and our Apps on a temporary or permanent basis. If your UGC does not comply with this UGC Policy, and as a result of this, we suffer any loss or damage, you will be liable to us and hereby agree to indemnify us for any such loss or damage. This means that you will be responsible for any loss or damage we suffer as a result of your failure to comply with this UGC Policy, including but not limited to our Legal Standards and/or Community Guidelines. We also reserve the right: to pass on any UGC that gives us concern to the relevant authorities; and to disclose your identity to any third party (or their professional advisor) who claims that any of your UGC constitutes a violation of their intellectual property rights, or of their right to privacy. 17.9 Changes to this UGC PolicyWe may change this UGC Policy from time to time, in which case an up to date version will be available via the Website and our Apps. You should check this UGC Policy regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to this UGC Policy after you have been notified of the changes on our Website or our Apps and/ or if you continue to access or use the Website or our Apps, where the updated UGC Policy will be available for you to view. Article 18. Disputes and Applicable Law18.1 Any disputes that ensue from or are connected with this Agreement shall be exclusively submitted to the competent court in Utrecht, the Netherlands. 18.2 All agreements entered into with HostingJournalist B.V. shall be governed by the laws of the Netherlands. The applicability of the Vienna Sales Convention is excluded. HostingJournalist B.V.
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