Terms of Use and Participation for Reviewclub Community (http://www.reviewclub.com)
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Registration as a Reviewer of Reviewclub Community; -
Use of Reviewclub online platform at www.Reviewclub.com including the sub-pages (the "Reviewclub Platform") as well as the information, applications and services offered on this platform (the "Services"); and -
Request for participation and participation in the campaigns and projects offered by -
Reviewclub or Reviewclub partner companies (the "Reviewclub Partner") to enable you to test and evaluate products (the "Reviewclub Projects") of participating companies ( the "Campaign Partners").
References to "we," "our," etc. on Reviewclub Platform and in these Terms of Use and Participation are references to Reviewclub. People enrolled as members of Reviewclub community are from now on referred to as "Members," and people who have been selected to participate in specific Reviewclub Projects are from now on also referred to as "Reviewers."
Please note that to register and become a member of Reviewclub community and participate in Reviewclub Projects, you must be over 18 years of age.
1. Scope of these Terms of Use and Participation *
These Terms of Use and Participation govern your contractual relationship with Reviewclub regarding:
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your registration on Reviewclub Platform and membership in Reviewclub community, -
use of Reviewclub Platform and Services, and -
participation in Reviewclub Projects.
2. Registration on Reviewclub Platform and Community Membership Reviewclub
(1) To use Reviewclub Platform and the Services it offers, and participate in Reviewclub Projects, you must be a Member of Reviewclub Community. To become a Member, you must register on Reviewclub Platform and create an account (via the "Become a reviewer" link).
(2) Your registration is subject to the following terms and conditions:
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Registration on the online platform is free of charge and in no event obligates the Member to participate in Reviewclub Projects. -
Reviewclub is not required to register the Member and is free to accept an entry or not. Registration is only open to persons over 18 years of age. -
Use is limited to private, non-commercial use (i.e., purposes that can, for the most part, be considered non-commercial or self-employed Member). -
You certify that you are of the age of 18+ and acknowledge, that by becoming a Member of Reviewclub, you will have access to, or be the subject of, advertising and marketing communications relating to alcoholic products, by e-mail or by mail. -
The Member undertakes not to choose a Member's name which would infringe the rights of third parties, in particular, intellectual property rights, such as trademarks, or which would be contrary to public policy. -
Each Member is obliged to provide complete, accurate and truthful information about the registration. The information provided at registration must be complete, accurate and up-to-date during the membership period. For information on the collection, processing, and use of the information you provide, please refer to our Privacy Policy. -
Each Member may create and use a single Reviewclub Account in its name. Entries and entries on behalf of multiple parties are prohibited. Members must not authorize third parties to use their Reviewclub Account. -
Each Member is given the password chosen at the time of registration. Members must ensure that their password remains confidential and is not disclosed to third parties. Members must notify Reviewclub without undue delay of any unauthorized use of Reviewclub Platform through their Reviewclub Account. -
If a Member violates any of the preceding obligations, Reviewclub expressly reserves the right to remove all or part of the accounts registered by that Member and to prohibit it from re-registering on Reviewclub Platform.
(4) After you create your Reviewclub Account, you will receive a confirmation email to the address you provided to verify your email address and activate your Personal Reviewclub Account. Upon activation of your Reviewclub Account by Reviewclub, a contract will be established between you and Reviewclub by these Terms of Use and Participation (the "Member Agreement").
3. General rules for the use of Reviewclub Platform and Services
(1) All Registered Members may use Reviewclub Platform and the Services it offers. This includes, but is not limited to, participation in product studies or evaluations. The Services are provided by Reviewclub and, if applicable, by the Companies of Stars and Stories. If we incorporate third-party services, they will be specifically identified as such. These services may be governed by additional terms of use or privacy policies that we will notify you.
(2) The use of Reviewclub Platform and the Services is limited to private, non-commercial purposes (i.e., purposes that can, for the most part, be commercial activities or as an independent member).
(3) All Members are required to comply with applicable laws, respect the rights of third parties and be courteous and respectful to other Members when using Reviewclub Platform and the Services it proposes and possible interactions with other Members.
(4) Submission of content by Reviewers is also governed by clause 8 of these Terms of Use and Participation.
4. Participation and participation in Reviewclub Projects
(1) Reviewclub offers Registered Members the opportunity to request to participate in Reviewclub Projects via Reviewclub Platform and - if selected to participate in a specific Reviewclub Project in accordance with these Terms of Use and Participation - testing and evaluating new products under the Specific Reviewclub Project.
(2) Reviewclub Projects are executed by Reviewclub teams themselves (operated by Stars and Stories Holding BV) who are locally responsible for the relevant Reviewclub Projects. If the candidature of a Reviewer is accepted, Reviewclub will be its contractual partner for the implementation of the relevant Reviewclub Project.
(3) Participation in Reviewclub Projects is voluntary, free and unpaid.
(4) Each Reviewclub Project is open to a limited number of Reviewers only, which must meet certain criteria established for the respective target group by the Campaign Partner whose products are tested in the that particular Reviewclub Project. Therefore, the selection of Reviewers will be based, among other things, on these criteria, but is otherwise at Reviewclub's discretion. There is no right to participate in a specific Reviewclub Project. Legal remedies are excluded.
(5) Reviewclub reserves the right to exclude certain Reviewers from a Reviewclub Project if they breach these Terms of Use and Participation or the additional terms and conditions of a specific project for Reviewclub Project concerned.
(6) You may request to participate in a Reviewclub Project through Reviewclub Platform; in general, you will be able to make this request if you have received an invitation by email, social media or directly from the Reviewclub Website.
(7) The application form for participation in a Project Reviewclub, also referred to as Product Survey must be completed in good faith and may vary depending on the product being tested. For information on the collection, processing, and use of the information you provide as part of the Project application, please refer to our Privacy Policy.
(8) To apply, you must accept these Terms of Use and Participation and, where applicable, the additional terms and conditions of a specific project for Reviewclub Project concerned. You will be prompted at the end of the application process. Receipt of your request will be confirmed electronically via your Reviewclub Account. This acknowledgment does not constitute acceptance of your application and does not imply that you have been selected as a Reviewer for a Reviewclub Project.
(9) If you are selected as a Reviewer for a Reviewclub Project, you will find this information on your personal account, My Products. Once this information is available, you will be notified by email. Only then will a contract be established between you and Reviewclub on the basis of these Terms of Use and Participation and, if applicable, the general conditions of a specific project.
(10) In a Reviewclub Project, the selected group of Reviewers will receive products from a specific Campaign Partner to be tested, or certain product-specific information will be made available to it. The Reviewers undertake to test, familiarize themselves with the product information (s), evaluate the product (s) and share their opinion honestly and reasonably (minimum 150 words) on the websites indicated in the course of the project. The selected Reviewers are required to use and evaluate the product being tested.
(11) If a Reviewer recommends products from our Campaign Partners or shares product information about them with third parties, that Reviewer must indicate that he/she is participating in a Reviewclub project or being a "Reviewer of the Reviewclub." The Reviewer should always be frank when giving his opinion on the product. Criticism is expressly permitted. Additional information may be stipulated in the general supplemental conditions of a specific project for the relevant Reviewclub Project which, in the event of a conflict, shall prevail over these General Terms of Use and Participation.
(12) As part of their participation in Reviewclub Projects, the Reviewers may submit images, audio, video and other content to Reviewclub. Additional information is provided in the rules for submission of content by reviewers (clause 8 of these Terms of Use and Participation).
5. Data protection / Personal data
Reviewclub and Stars and Stories are aware of the need to protect your data and are committed to protecting the privacy of Members in the collection, processing, and use of personal data. For information about the management of personal data in Reviewclub, please review our Privacy Policy.
6. Use of content provided on Reviewclub Platform
(1) The entire content of Reviewclub Platform is protected by copyright and trademark laws and other applicable laws in favor of Reviewclub and its licensors. The content includes text, designs, graphics, logos, icons, images, audio files, downloads, interfaces, codes and software, and any part or combination of this, and all other documents and materials (from now on collectively the "Materials").
This content may only be used in accordance with the terms and conditions stipulated by Reviewclub and in accordance with applicable laws.
a. Granting of rights to content submitted by Member
(1) As part of the Reviewer’s use of Reviewclub Platform, including the participation in Reviewclub Projects, the Reviewer may submit different types of content. For example notices, images, audio and video files, comments or contributions to blogs (from now on collectively referred to as the "Content"), to Reviewclub and publish them.
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If the Reviewer has shared Content for internal use only, he/she grants Reviewclub a non-exclusive, royalty-free and worldwide royalty, for the duration of its protection under applicable law, to use the submitted Content for internal Reviewclub purposes (including, but not limited to, the evaluation of Reviewclub Projects and the Reviewers activities in this regard). This grant of rights of use includes, without limitation, Reviewclub's right to reproduce, store, translate, distribute, make available to the public and otherwise communicate the Content or any part thereof for such purposes, in any form or medium whatsoever, and the right to adapt, transform or modify the Content to the extent required for such purposes for technical or legal reasons (taking into account the unique creative character of the Content and the moral rights that may apply). -
If the Reviewers has shared Content for public use, he/she grants Reviewclub and the e-commerce sites hosting this Content an exclusive royalty-free right for the duration of its protection under the law in force to reproduce and publish the Content submitted Content to Reviewclub application in the context of Reviewclub Project concerned and to promote Reviewclub on www.reviewclub.com (including, for example, Reviewclub Facebook page at www.facebook.com/reviewclubUS and / or country-specific web presence on Reviewclub Platform). Furthermore, Reviewclub has the right to make the published Content available to the relevant Campaign Partner in the context of Reviewclub Project concerned to inform them of the progress of the project (e.g., in presentations of results) for its internal evaluation. The granting of use rights as described above includes, but is not limited to, the right of Reviewclub and the e-commerce sites hosting this Content to reproduce, publish, store, translate, distribute, publicly available and otherwise publicly communicate the Content or any part thereof for such purposes in any form or medium and the right to adapt, transform or modify the Content to the extent required for such purposes for technical or legal reasons (taking into account the unique creative character of the Content as well as the moral rights that may apply).
(5) All Content published by the Reviewer is accessible in the product file of the e-commerce site with no time limit.
and or
(ii) Reviewclub may make your Content available to the Campaign Partner for which the products were tested to allow the Content to promote the products that have been tested (advertising use by the Campaign Partners). By accepting this, you agree to Reviewclub's right to grant to the respective Campaign Partner a non-exclusive, sublicensable, worldwide royalty-free right for the duration of its protection under applicable law to reproduce, distribute, publish, make available to the public and otherwise publicly communicate your Content or any part thereof in any form (e.g. in the way of printed materials, such as leaflets and brochures, digital, such as electronic newsletters, presentations, online banners, etc.) for the aforementioned advertising purposes, as well as the right to adapt, transform or modify the Content to the extent required for technical or legal reasons (taking into account the unique creative content of the Content as well as the moral rights that may apply);
b. Guidelines for Content submitted by Member;
(1) The Reviewer is solely responsible for the Content submitted to Reviewclub, including but not limited to its accuracy, completeness, and legality.
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Reviewer is the sole author of the Content and the owner of all intellectual and industrial property rights in the Content, or has the right to make the Content available to Reviewclub for the type of user-defined herein Conditions of Use and Participation and grant to Reviewclub the relevant rights of use; -
All persons appearing on photos included in the submitted Content have given their express consent to the submission and publication of this Content (and if children are included, the consent of all responsible legal guardians has also been given got); -
All submitted Content is true and accurate; -
Use of the submitted Content does not violate these Terms of Use and Participation. -
The reviewer writes reviews that represent his / her personal experience with the product. -
Reviewer shares his / her honest opinion whether it’s positive or negative. -
The reviewer does his / her best to review a product constructively and helpfully. -
The reviewer doesn’t write about things in his / her review that are not related to the product. -
The reviewer does not publish content that endorses or promotes illegal or harmful activity, violence, or is profane, vulgar, obscene, defamatory, threatening, or discriminatory. -
The reviewer does not publish content that violates another person’s or entity’s rights, including intellectual property rights and privacy rights (e.g., publishing another person’s full name, address or other identifying information without permission). -
When we ask to share his / her opinion online, Reviewer will do so within two days, by posting a review of at least 150 words. -
Reviewer handles the products with care and sends them back to us when requested. -
Reviewer responds quickly to our emails and questions.
Reviewclub has only one responsibility of hosting, within the meaning of the provisions of the law n ° 2004-575 of June 21, 2004, for the confidence in the digital economy and would therefore not be bound to any general obligation of surveillance.
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The fight against specific contents that infringe public order;
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The withdrawal of any content that is manifestly unlawful, as soon as such material is brought to its attention; -
The retention of connection data in compliance with US law and regulations.
(2) Reviewclub shall have the right to modify and/or discontinue (in whole or in part) Reviewclub Platform or the Services offered on Reviewclub Platform at its sole discretion and at any time.
(3) Reviewclub Platform or any of the Services may be temporarily unavailable due to technical problems. Even as Reviewers participating in a Reviewclub Project, Reviewers may not request the continued availability of Reviewclub Platform and Reviewclub Services. Reviewclub is not responsible, and disclaims all liability, for uninterrupted and error-free access to Reviewclub Platform and Services.
(4) Reviewers shall ensure, at their own expense, that they meet the technical requirements necessary to use Reviewclub Platform and Reviewclub Services, including but not limited to the hardware and software required (e.g., an Internet browser) as well as speed of access and speed of data transmission. Reviewclub is not responsible for the compatibility of Reviewclub Platform and the Services offered on Reviewclub Platform with your specific hardware and software environment.
b. Accuracy, Completeness, Legality, and Timeliness of Information and Content on Reviewclub Platform
(1) Reviewclub is not responsible and disclaims all responsibility for the accuracy, completeness, and timeliness of statements, data and other information provided at any time via Reviewclub Platform (from now on referred to as the "Information"). The information provided on Reviewclub Platform is provided for informational purposes only and should not be relied upon as a sole source of a decision.
(1) Reviewclub shall be liable for damage without restriction in the event of severe or willful misconduct.
(2) In addition, Reviewclub shall be responsible for damages arising from mere negligence due to a material breach of obligations that compromise the fulfillment of the purpose of the contract with you, or failure to perform functions whose exercise is a prerequisite for the excellent performance of the contract on which you rely. Any other liability of Reviewclub in case of simple negligence is excluded.
(3) The aforementioned limitations of liability apply to all claims for damages irrespective of their legal basis, with the exception of claims for damages (i) in the event of death, bodily injury or (ii) if a guarantee has been given (if this is the case, the liability clause will apply, provided that the guarantee contains a stipulation to that effect), (iii) if defects have fraudulently concealed, and (iv) in the event of a breach of the French Product Liability Act of 19 May 1998.
(4) The above limitations of liability shall also apply to claims for damages against the directors, agents, employees, representatives or executing agents of Reviewclub.
11. Termination of Membership in Reviewclub Community and Relationship to Existing Project Agreements
(1) Member may terminate his / her membership in Reviewclub at any time by terminating Reviewer Agreement with us. To do this, unsubscribe from any email that is sent by Reviewclub. If the Member is participating in a Reviewclub Project at the time of termination, please note that the obligations that may arise from participation in this project (e.g., the obligation to return the tested products) continue to apply.
12. Modification of the Terms of Use and Participation
(1) Reviewclub reserves the right to modify these Terms of Use and Participation at any time with future effect. The modified conditions will be published on Reviewclub Platform, and Members will be able to accept them when connecting to Reviewclub Platform the next time. The amendments will take effect on the date indicated by Reviewclub.
13. Divisibility, law in force
(1) If one or more of the provisions of these Terms of Use and Participation are or become invalid in whole or in part, or if there is a discrepancy in these Terms of Use and Participation, this shall be without prejudice the validity of the remainder of these Terms of Use and Participation, unless compliance with these Terms of Use and Participation is an undue burden on a Party.
(2) These Terms of Use and Participation shall be governed by the substantive laws of the Kingdom of the Netherlands, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If the Member is a consumer who is ordinarily resident in a country other than the Kingdom of the Netherlands at the time of using Reviewclub Platform and/or participates in a Reviewclub Project, the choice of law made above will be without prejudice of the applicability of the compulsory stipulations of the law of his habitual residence. A consumer is an individual who concludes the Reviewer Agreement and the Project Agreement for purposes that may, for the most part, be considered to be outside the Member's independent commercial or professional activities. Consumers will always be entitled to file a complaint against Reviewclub in the courts of the place where the consumer resides.
14. How to reach us
Reviewclub is hosted and owned by Stars and Stories. If you have any questions or comments regarding these Terms of Use and Participation, please contact us at:
The Netherlands
E-mail: info@starsandstories.com
Chamber of Commerce of Teylingen
Trade Register No: NL854466332B01
Executive Director: Jeroen den Bok, CEO.