Artigo 1º Definições
- 24Bookprint – uma empresa que facilita indivíduos e entidades jurídicas em vender livros diretamente aos leitores.
- Author – pessoa física ou jurídica que publica livros através do 24Bookprint para fins pessoais e/ou comerciais.
- Revisor – pessoa física ou jurídica que revê manuscritos para autores.
- Cliente – qualquer pessoa que visite a 24Bookprint, incluindo Autor e Revisor.
- Serviços – funcionalidades e serviços oferecidos pela 24Bookprint ao Cliente.
- Produtos (e mercadorias) – produtos oferecidos pelo 24Bookprint, principalmente livros e e-books.
- Registo – preenchimento de um formulário online com nome, e-mail e password, de modo a criar uma conta na 24Bookprint.
- Conta – acesso registado ao site da 24Bookprint, através de um Painel de Controlo Pessoal.
- Painel pessoal- visão geral online de todas as actividades utilizadas pelo Autor: livros publicados, vendas, finanças, site do Autor, fãs e mensagens da 24Bookprint.
- Perfil – informação pessoal sobre o Autor; apenas uma parte é informação pública, como o nome e a fotografia do autor.
- Edição – passando pelas seis etapas de publicação a fim de publicar um livro.
- Marketing e Vendas – uma combinação de actividades para estimular as vendas dos livros dos autores.
- Site do Autor – o site pessoal oferecido ao Autor pela 24Bookprint, utilizado para comunicar com o mundo exterior e para a venda de livros.
- Afiliado – site de promoção e venda de livros do Autor, através de um link via 24Bookprint e/ou o site do Autor.
- Loja – a loja virtual da 24Bookprint.
Artigo 2.º Identidade da 24Bookprint
Artigo 3.º Aplicabilidade
- 3.1 Estas Condições Gerais aplicam-se a todos os Clientes da 24Bookprint. Aos Autores e Revisores aplicam-se condições adicionais específicas.
- 3.2 Antes de um Cliente começar a utilizar os Produtos e Serviços da 24Bookprint, será notificado das Condições Gerais.
- 3.3 Os autores têm de concordar com as Condições Gerais antes de começarem a publicar com a 24Bookprint.
- 3.4 Os clientes podem descarregar uma cópia das Condições Gerais pelo website da 24Bookprint em qualquer momento.
Artigo 4.º Serviços da 24Bookprint
- 4.1 Geral –24Bookprint é uma plataforma em linha que permite aos autores publicar livros sem custos. A 24Bookprint apoia os autores na publicação de livros e na sua comercialização e distribuição. Os utilizadores podem comprar livros da 24Bookprint através da loja ou através do website do autor ou dos mercados de livros. Os livros encomendados serão entregues no endereço fornecido pelo Cliente.
- 4.2 Edição – Para publicar um livro, o Autor deve completar as seis etapas de edição da 24Bookprint.
- 4.3 Marketing e Vendas – 24Bookprint oferece ao Autor uma série de actividades promocionais.
- 4.4 Personal Dashboard – web page offering the Author an overview of his activities.
- 4.5 Shop – 24Bookprint owns a web shop wherein all Author’s books will be displayed and offered for sale to Customers. Privately published books will not be shown in the shop of 24Bookprint. Books ordered by the Customer will be delivered to the address supplied by the Customer.
- 4.6 Other services – Services offered by 24Bookprint that are not specifically mentioned in the General Conditions, also are ruled by the General Conditions.
Article 5 Specific Conditions Applying to the Author
- 5.1 The Author must have an Account with 24Bookprint and must agree with the terms and conditions.
- 5.2 The Author will not use racist, hatred arousing, discriminating or insulting texts or phrases in his publications. The Author will not plagiarise texts from others in his publications.
- 5.3 The Author will not misuse the (community) facilities of 24Bookprint in the sense of placing negative, hatred arousing texts. 24Bookprint retains the right to remove books and inactivate the Author’s account at 24Bookprint’s sole discretion, should such an event occur.
- 5.4 The Author is responsible for the contents of the book. 24Bookprint facilitates the publication thereof. Should (legal) action occur against books from the Author, the Author must respond and is fully responsible. The Author indemnifies 24Bookprint for any claims or damage that may occur due to the publication of his book(s). The Author will not claim compensation from 24Bookprint in any form. Should 24Bookprint suffer any damage, including legal costs, the Author is required to reimburse 24Bookprint.
- 5.5 The Author will not hold 24Bookprint responsible for malfunction of services offered by 24Bookprint. The Author will not take any legal action against 24Bookprint, should malfunction of said services occur.
- 5.6 The Author will not publish a book at 24Bookprint when the Author does not fully own the copyright of the contents, for example if the copyright of all or part of the contents is owned by a third party. Should the Author publish such a book, he will indemnify 24Bookprint for any consequences and the Author will be held fully responsible and accountable for all matters resulting there from.
- 5.7 Should the Author detect malfunctions in the services offered by 24Bookprint, the Author shall notify 24Bookprint immediately, by using the online contact form.
- 5.8 The Author permits 24Bookprint to use his book(s) and information about the Author for promotional activities. In such cases 24Bookprint is allowed to use widgets, social networks, press releases, fora and blogs, tell-a-friend functionalities and to cooperate with business partners of 24Bookprint.
- 5.9 The Author is allowed to refer to 24Bookprint in regard to his book(s), as long as the Author does not damage the reputation of 24Bookprint, nor infringes upon the intellectual property rights of 24Bookprint.
- 5.10 24Bookprint is entitled to deactivate the account of the Author and stop the sales of his books, if the Author at any time does not comply with the rules specified in the General Conditions. 24Bookprint does not bear any responsibility, nor can be held accountable for any damage, directly or indirectly, by the Author, should such an incident occur.
Article 6 Copyrights, Publication Rights, Reproduction Rights and Intellectual Property Rights
- 6.1 The Author always holds the copyright, as is regulated by law.
- 6.2 24Bookprint has the right to reproduce and sell books (and e-books) of Author for the duration that the Author stays active at 24Bookprint and for the duration that the Author’s books are available for sale at 24Bookprint.
- 6.3 The Author is entitled to leave 24Bookprint at any time and at the Author’s convenience. In such a case the Author retains the publication rights and the reproduction rights. It is the Author’s responsibility to withdraw his publications from 24Bookprint. Should the Author fail to do so, 24Bookprint is allowed to continue to sell these publications via the Author’s website and via 24Bookprint’s web shop.
- 6.4 The website of 24Bookprint, its functionality and the content of the website (excluding manuscripts and book files) are the intellectual property of 24Bookprint and therefore are protected by copyright. Customers are not allowed to copy the website or any portion thereof and/or publish them for other purposes than stated in the General Conditions, unless 24Bookprint has given permission in writing beforehand.
Article 7 Specific Conditions applying to the Reviewer
- 7.1 The Reviewer must have an Account at 24Bookprint and must agree with the General Conditions.
- 7.2 The Reviewer agrees with the Author regarding the review method, the areas of attention and the delivery time of the reviewed manuscript.
- 7.3 The Reviewer will follow all regulations regarding the privacy of the Author, conform to the General Conditions of 24Bookprint and any law applicable regarding privacy rules for individuals. Reviewer will not show the manuscript in any form to third parties, neither copy it nor use it for commercial purposes without prior written permission from the Author.
- 7.4 The Reviewer will not claim any royalties on a published book that was reviewed by the Reviewer.
- 7.5 The Reviewer will never claim any copy- and/or publishing rights regarding books reviewed by him/her.
- 7.6 The Reviewer will not use any hateful, racist, discriminating or insulting terms in the reviewing of the manuscripts offered to him/her by the Author.
- 7.7 24Bookprint is entitled to deactivate Reviewer’s Account, should Reviewer not comply with the rules as stated in the General Conditions. Should such a case occur, then 24Bookprint owes no responsibility or need to explain to the Reviewer or the Author.
- 7.8 24Bookprint cannot in any way be held responsible for the work delivered by the Reviewer. The Reviewer will not hold 24Bookprint responsible.
- 7.9 The Reviewer is responsible and held accountable for any damage that might occur, for instance to the Author in such cases where the Reviewer does not comply to the rules stated in the General Conditions and/or in the Specific Conditions applying to the Reviewer. The Reviewer indemnifies 24Bookprint for any claim that might occur.
- 7.10 The Reviewer will pay a small percentage of his fee to 24Bookprint for any work that was acquired via 24Bookprint or one of its Business Partners.
- 7.11 The entire Article 7 applies to any free review service offered by 24Bookprint as well as to any paid review service.
Article 8 Purchase of Services and Products at 24Bookprint
- 8.1 24Bookprint will take the utmost care in fulfilment of orders concerning Services and Products. 24Bookprint cooperates with trusted third parties, among others in the areas of reviewing, design and layout, payment systems, printing and distribution.
- 8.2 Prices for Services and Products offered on the website and in the shop are VAT (Sales Tax) inclusive, but exclude postage and packaging costs (if applicable). The latter costs will be shown before the Customer completes the purchase.
- 8.3 Prices for Services and Products offered by 24Bookprint are subject to change.
- 8.4 Payment methods are displayed on the payment screen. Payment for all Services and Products must be made before delivery.
- 8.5 Displayed delivery times are estimations. No claim can be made due to delivery outside these estimates.
- 8.6 The delivery address is the address given by the Customer.
- 8.7 After having received his/her Product(s) the Customer is entitled, without clarification, to nullify his/her purchase within fourteen days of receiving the Product(s). 24Bookprint appreciates knowing why the Customer cancelled a purchase and asks him/her kindly to explain. This does not apply to Services provided and delivered. The Customer is obliged to check all goods upon delivery. If the Product is not to the Customer’s satisfaction, the Customer must notify 24Bookprint in writing via the customer service email, within fourteen days after the delivery date. If that date has passed, the Customer is deemed to have accepted his/her order.
- 8.8 24Bookprint accepts returns when they have been sent within 14 days of delivery and if they are accompanied by a copy of the invoice and/or the original shipping notice. Each book must be undamaged and returned in the original packaging. Return costs are borne by the Customer.
- 8.9 In cases of force majeure 24Bookprint is entitled to suspend delivery or nullify the order, without judicial interference. Should such a case appear, 24Bookprint will notify you in writing per email and will not accept any claims for compensation.
- 8.10 If the Customer is not satisfied with the goods or services delivered, he may contact 24Bookprint via its customer service email address.
Article 9 Liability
- 9.1 24Bookprint has built its website carefully and with the utmost integrity. 24Bookprint is not liable in any case for the contents on its website, as far as it is placed there by Customers. 24Bookprint takes a serious effort to prevent incorrectness on its website (especially unlawful and criminal information) and to conform to the norms and values of 24Bookprint (See Articles 5 and 11 of the terms and conditions).
- 9.2 When Customers register with 24Bookprint they must complete certain data to acquire an account. 24Bookprint is not liable nor can it be held accountable for the correctness of these data. The responsibility thereof is borne solely by the Customer.
- 9.3 24Bookprint is not liable nor can be held accountable for the access to or information on any other website that is linked to the website of 24Bookprint.
- 9.4 24Bookprint is not liable nor can be held accountable for direct and/or indirect damage that may occur to the Customer regarding publishing books or published books by the Customer at 24Bookprint.
Article 10 Privacy of Personal Information
- 10.1 24Bookprint processes and stores personal information as a consequence of the services it offers. This information is stored in conformation with legal requirements, which may differ per country.
- 10.2 24Bookprint acknowledges a Privacy Statement wherein is stated how 24Bookprint takes care of personal information. The Privacy Statement is an integral part of the terms and conditions.
Article 11 Notice & Take Down (NTD)
- 11.1 24Bookprint follows the international behaviour code Notice & Take Down (NTD).
- 11.2 Any customer is entitled to file a complaint regarding (supposed) unlawful and/or criminal contents on the website of 24Bookprint, with the request to remove such contents from that website.
- 11.3 When filing the complaint the Customer must inform 24Bookprint correctly and completely, including but not limited to the following:
- Contact information of the Customer.
- Information 24Bookprint needs to check the specified content; the URL where this information can be found.
- A description explaining why the contents are unlawful and/or criminal according to the Customer, or an explanation why these contents may conflict with criteria published by 24Bookprint regarding unwanted contents.
- 11.4 24Bookprint will judge the complaint within two weeks after having received it, after which 24Bookprint will contact the Customer. Dependent upon a preliminary quick scan, the following actions may be taken:
- 24Bookprint contacts the Author of the content and agrees with the Author how to take care of the matter. 24Bookprint then contacts the Customer
- 24Bookprint requests the Author to contact the Customer (for which the Customer has to give permission first), with the aim that Author and Customer can mutually agree on a solution. 24Bookprint will act as mediator.
- 24Bookprint removes the contents when it is clear that the complaint was just. Author and Customer will then be informed.
- 24Bookprint will take no action, of which the Customer will be informed.
- 11.5 Announcements involving a search warrant regarding a criminal offense will be verified by 24Bookprint at the applicable official institution.
Article 12 Final Statements
- 12.1 These General Conditions apply to each Customer of the software and services offered by 24Bookprint. Questions regarding the General Conditions can be sent by email to: email@example.com
- 12.2 24Bookprint may amend the General Conditions at any time, in its sole discretion. 24Bookprint will always display the most recent version of the General Conditions on its website.
- 12.3 Should one or more articles (or subarticles) of these General Conditions be terminated or nullified at any moment in time, the remaining articles (and subarticles) will still fully apply.
- 12.4 These General Conditions are governed by and construed and enforced in accordance with the laws of the Netherlands. Should conflicts arise between Customer and 24Bookprint, they will first attempt to come to an arrangement between themselves. Should a conflict not be settled in this way, then the courts of the Netherlands shall have exclusive venue and jurisdiction over any disputes that arise.
Rotterdam, 20 October 2012