Terms & conditions
Article 1 Definitions
- Mybestseller – a company who facilitates individual persons and legal entities in selling books directly to readers
- Author – individual person or legal entity who publishes books via Mybestseller for personal and/or business purposes
- Reviewer – individual person or legal entity who reviews manuscripts for authors
- Customer – anyone who visits Mybestseller, including Author and Reviewer
- Services – functionalities and services offered by Mybestseller to the Customer
- Products (and goods) – products offered by Mybestseller, mainly books and e-books
- Register – filling in an online form with name, email and password, in order to create an Account at Mybestseller
- Account – registered access to the website of Mybestseller, by using a Personal Dashboard
- Personal Dashboard – online overview of all activities employed by the Author: books published, sales, finance, Author website, fans and messages from Mybestseller
- Profile – personal information about the Author; only part is public information, such as the author’s name and picture
- Publishing – going through the six publication steps in order to publish a book
- Marketing and Sales – a combination of activities in order to stimulate the sales of Author’s books
- Author Website – the personal website offered to the Author by Mybestseller, used to communicate with the outer world and for selling books
- Affiliate – website promoting and selling books from the Author, via a link with Mybestseller and/or the Author’s website
- Shop – the webshop of Mybestseller
Article 2 Identity of Mybestseller
Article 3 Applicability
- 3.1 These General Conditions apply to all Customers of Mybestseller. For Authors and Reviewers specific additional conditions apply
- 3.2 Before a Customer starts using the Products and Services of Mybestseller he will be notified of the General Conditions.
- 3.3 Authors have to agree to the General Conditions before they start publishing with Mybestseller.
- 3.4 Customers can download a copy of the General Conditions from the website of Mybestseller at all times.
Article 4 Services of Mybestseller
- 4.1 General – Mybestseller is an online publishing company that offers Authors the opportunity to publish their books without any costs involved. Mybestseller supports Authors in publishing of books and marketing and sales thereof. Customers can buy books at Mybestseller via the Shop or via the website of the Author. Ordered books will be delivered to the address supplied by the Customer.
- 4.2 Publishing – In order to publish a book the Author must complete the six publishing steps of Mybestseller.
- 4.3 Marketing and Sales – Mybestseller offers the Author a series of promotional activities
- 4.4 Personal Dashboard – web page offering the Author an overview of his activities.
- 4.5 Shop – Mybestseller 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 Mybestseller. Books ordered by the Customer will be delivered to the address supplied by the Customer.
- 4.6 Other services – Services offered by Mybestseller 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 Mybestseller 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 Mybestseller in the sense of placing negative, hatred arousing texts. Mybestseller retains the right to remove books and inactivate the Author’s account at Mybestseller’s sole discretion, should such an event occur.
- 5.4 The Author is responsible for the contents of the book. Mybestseller facilitates the publication thereof. Should (legal) action occur against books from the Author, the Author must respond and is fully responsible. The Author indemnifies Mybestseller for any claims or damage that may occur due to the publication of his book(s). The Author will not claim compensation from Mybestseller in any form. Should Mybestseller suffer any damage, including legal costs, the Author is required to reimburse Mybestseller.
- 5.5 The Author will not hold Mybestseller responsible for malfunction of services offered by Mybestseller. The Author will not take any legal action against Mybestseller, should malfunction of said services occur.
- 5.6 The Author will not publish a book at Mybestseller 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 Mybestseller 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 Mybestseller, the Author shall notify Mybestseller immediately, by using the online contact form.
- 5.8 The Author permits Mybestseller to use his book(s) and information about the Author for promotional activities. In such cases Mybestseller is allowed to use widgets, social networks, press releases, fora and blogs, tell-a-friend functionalities and to cooperate with business partners of Mybestseller.
- 5.9 The Author is allowed to refer to Mybestseller in regard to his book(s), as long as the Author does not damage the reputation of Mybestseller, nor infringes upon the intellectual property rights of Mybestseller.
- 5.10 Mybestseller 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. Mybestseller 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 Mybestseller has the right to reproduce and sell books (and e-books) of Author for the duration that the Author stays active at Mybestseller and for the duration that the Author’s books are available for sale at Mybestseller.
- 6.3 The Author is entitled to leave Mybestseller 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 Mybestseller. Should the Author fail to do so, Mybestseller is allowed to continue to sell these publications via the Author’s website and via Mybestseller’s web shop.
- 6.4 The website of Mybestseller, its functionality and the content of the website (excluding manuscripts and book files) are the intellectual property of Mybestseller 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 Mybestseller has given permission in writing beforehand.
- 6.5 Publishing and/or printing the work of a third party without permission is a form of copyright infringement, and as such is strictly prohibited. Copyright infringement is a punishable offence, and in the case of a lawsuit resulting from such infringement, we are legally obligated to cooperate with the authorities by providing them with your contact information and any data relating to the published work. Orders of copyrighted material will not be refunded.
Article 7 Specific Conditions applying to the Reviewer
- 7.1 The Reviewer must have an Account at Mybestseller 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 Mybestseller 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 Mybestseller 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 Mybestseller owes no responsibility or need to explain to the Reviewer or the Author.
- 7.8 Mybestseller cannot in any way be held responsible for the work delivered by the Reviewer. The Reviewer will not hold Mybestseller 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 Mybestseller for any claim that might occur.
- 7.10 The Reviewer will pay a small percentage of his fee to Mybestseller for any work that was acquired via Mybestseller or one of its Business Partners.
- 7.11 The entire Article 7 applies to any free review service offered by Mybestseller as well as to any paid review service.
Article 8 Purchase of Services and Products at Mybestseller
- 8.1 Mybestseller will take the utmost care in fulfilment of orders concerning Services and Products. Mybestseller 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 Mybestseller 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 Our books are printed on demand for the client or customer, meaning that when an order is placed, our printers will start printing, binding and shipping the book(s) in question. As such, our books are custom-made products that aren’t stocked, meaning that we cannot accept returns.
- 8.8 In cases of force majeure Mybestseller is entitled to suspend delivery or nullify the order, without judicial interference. Should such a case appear, Mybestseller will notify you in writing per email and will not accept any claims for compensation.
- 8.9 If the Customer is not satisfied with the goods or services delivered, he may contact Mybestseller via its customer service email address.
Article 9 Liability
- 9.1 Mybestseller has built its website carefully and with the utmost integrity. Mybestseller is not liable in any case for the contents on its website, as far as it is placed there by Customers. Mybestseller takes a serious effort to prevent incorrectness on its website (especially unlawful and criminal information) and to conform to the norms and values of Mybestseller (See Articles 5 and 11 of the terms and conditions).
- 9.2 When Customers register with Mybestseller they must complete certain data to acquire an account. Mybestseller 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 Mybestseller 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 Mybestseller.
- 9.4 Mybestseller 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 Mybestseller.
Article 10 Privacy of Personal Information
- 10.1 Mybestseller 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 Mybestseller acknowledges a Privacy Statement wherein is stated how Mybestseller 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 Mybestseller 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 Mybestseller, with the request to remove such contents from that website.
- 11.3 When filing the complaint the Customer must inform Mybestseller correctly and completely, including but not limited to the following:
- Contact information of the Customer.
- Information Mybestseller 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 Mybestseller regarding unwanted contents.
- 11.4 Mybestseller will judge the complaint within two weeks after having received it, after which Mybestseller will contact the Customer. Dependent upon a preliminary quick scan, the following actions may be taken:
- Mybestseller contacts the Author of the content and agrees with the Author how to take care of the matter. Mybestseller then contacts the Customer
- Mybestseller 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. Mybestseller will act as mediator.
- Mybestseller removes the contents when it is clear that the complaint was just. Author and Customer will then be informed.
- Mybestseller 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 Mybestseller 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 Mybestseller. Questions regarding the General Conditions can be sent by email to: firstname.lastname@example.org
- 12.2 Mybestseller may amend the General Conditions at any time, in its sole discretion. Mybestseller 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 Mybestseller, 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