The terms and conditions shall apply to any Party using the website www.socialhouse.online.
Article 1 – Definitions:
In these Terms & Conditions the following words and expressions shall have the following meanings unless the context requires otherwise:
BC Social House:
The Dutch Limited Liability company The Butch Collective B.V. having its seat in The Hague, The Netherlands and registered at the chamber of commerce under number 69013101.
Brand Owner:
Any brand owner using the Services of BC Social House.
Content:
Any content as produced by any Content Supplier or Influencer, for the use on the Website and/or any Social House, or Content provided on behalf of BC Social House for the promotion of the products and/or services of any Brand Owner.
Content Agreement:
The agreement between Brand Owner and BC Social House by which Brand Owner shall be licensed to use the Content and Tools of BC Social House.
Content provider:
Any person (including any Influencer) providing Content for the use in any Social House or on the Website.
Fees:
The fees payable by Brand Owner to BC Social House.
Influencer:
Any party who has entered into a promotion agreement with Social House providing services on behalf of BC Social House to Brand Owners.
Influencer Agreement:
The agreement between BC Social House and Influencer by which an Influencer shall provide custom made content to BC Social House to be used by a Brand Owner.
Party:
Any User, Content Provider, Influencer, Brand Owner or BC Social House.
Promotion Agreement:
The agreement between BC Social House and Brand Owner by which an Influencer shall provide custom made content to be used by a Brand Owner.
Services:
The services as provided by BC Social House to Brand Owner such as providing access to the Social House, Content and/or the Website and any other services in accordance with – or as set out in the Content Agreement and/or Promotion Agreement.
Social House:
The social environment of the Brand Owner as provided by BC Social House on the Website setting out the Content and Tools which could be used by Brand Owner for its marketing purposes.
Tools:
Any tool as provided by BC Social House to Brand Owner to edit or improve the Content for its marketing purposes.
User:
Any Influencer, or any Content Provider, Brand Owner and/or any other user of the Website.
Website:
The website as set out on the URL www.socialhouse.online
Article 2 – General
2.1 User agrees that by using Social House, or by providing Content to Social House, or by using the Website User enters into an agreement with BC Social House and that the terms and conditions as set out herein apply to this agreement and any legal relationship between User and BC Social House.
2.2 Brand Owner agrees that all terms and conditions as set out herein apply to any Content Agreement and/or Promotion Agreement.
2.3 Influencer agrees that all terms and conditions as set out herein apply to any Influencer Agreement.
Article 3 – Content Agreement
3.1 BC Social House enables Brand Owner pursuant to the Content Agreement to use Social House and any Content as provided on the Website.
3.2 Brand Owner shall in accordance with the Content Agreement be licensed by BC Social House to use the Content and Tools as provided by BC Social House for Brand Owner’s marketing purposes.
3.3 BC Social House shall use all reasonable endeavors to ensure that the Social House of Brand Owner is available at all times. At times the Social House of Brand Owner may be temporarily unavailable due to maintenance or otherwise, BC Social House shall use its reasonable endeavors to keep unavailability of the Social House to a minimum.
Article 4 – Promotion agreement
4.1 BC Social House and Brand Owner shall enter into a Promotion Agreement by which an Influencer is designated by BC Social House to produce content for the promotion of the products- and/or services of Brand Owner.
4.1 Brand Owner shall be entitled to use the Content as provided by BC Social House in accordance with the term as set out in the Promotion Agreement. In the event that the Parties have not agreed a specific term in accordance with the Promotion Agreement the Brand Owner shall be entitled to use the Content in its Social House during a term of one (1) year after expiry of the Content Agreement.
Article 5 – Content
5.1 Parties acknowledge that BC Social House enables Content Providers (and/or Influencers) to provide Content for the use in the Social Houses of Brand Owners and/or on the Website.
5.2 BC Social House and Influencer may enter into an Influencer Agreement by which Influencer shall produce content for the promotion of the products- and/or services of Brand Owner.
5.3 Content Provider grants an unconditional license towards BC Social House to use the Content for Social Houses of Brand Owners and/or for other any marketing purposes of Brand Owners for the duration of the exploitation of this Content.
5.4 Content Provider agrees that the Content shall be used by Brand Owners in its Social House and/or for other marketing purposes. Content Provider guarantees towards Social House and Brand Owner that all persons as shown in the Content have agreed that the Content shall be used in Social House, for marketing purposed of Brand Owner and/or on the Website.
5.5 Content Provider is aware and accepts that solely Content Provider is responsible for the Content and that is guarantees that the Content shall not contain any illegal or offensive elements material, elements which are in contrary to the principles of morality or must otherwise be assessed as unlawful or incriminating for third Parties.
5.6 User or Brand Owner accepts that BC Social House shall not responsible or liable for any Content or any information presented therein. Should any User find that Content in a Social House or on the Website to be illegal, offensive, in contrary to the principles of morality or should otherwise be assessed as unlawful or incriminating for third Parties or User finds any other reason that Content should be removed, User shall notify BC Social House as soon as possible after discovery. In order for BC Social House to be able to react adequately, User shall describe in detail why the applicable Content should be removed.
5.7 In the event BC Social House agrees with a complaint, BC Social House shall remove the applicable Content from the Social House and/or from the Website. Parties acknowledge that BC Social House is solely entitled to decided which Content is – or is not allowed in the Social House and/or on the Website.
5.8 Content Provider indemnifies BC Social House against any claim of any third party of Brand Owner from the use of the Content with the exception in case of gross negligence or intentional actions by BC Social House.
5.9 Content Provider declares and warrants towards BC Social House that the Content or any material as provided by Content Provider does not contain any viruses interfering with the computer systems and/or data used by BC Social House.
5.10 User and Brand Owner agree and accept that BC Social House shall use its best endeavours to protect the Social Houses and the Content against hacking and/or any other forms of cybercrime and User agrees that BC Social House shall not be liable for any damages as a result thereof except in the case of intent or gross negligence on the part of BC Social House.
Article 6 – Fees
6.1 Brand Owner agrees and acknowledges that its obliged to pay to BC Social House the Fees as set out un the Content Agreement and/or Promotion Agreement.
6.2 In the event that the Brand Owner fails to fulfill its payment obligations towards BC Social House, BC Social House shall be entitled to statutory commercial interest with an additional one (1) percent interest over all outstanding amounts. In addition, BC Social House is entitled to charge the Brand Owner for extrajudicial collection costs.
Article 7 – Force Majeure
Neither Party shall be liable for failure to perform or delay in performing any obligation towards the other Party, if such failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion, industrial dispute, hacking and or all other forms of cybercrime.
Article 8 – Limitation of liability
8.1 BC Social House shall not be liable towards any User for damages of whatever nature, direct or indirect, or consequential such as, inter alia, losses due to delays, lost profits and penalties forfeited by the Brand Owner, User and/or Influencer, arisen in connection with the use of the Social House, any errors or omissions in advice rendered by it and/or unavailability of the Social House except in the case of intent or gross negligence on the part of BC Social House.
8.2 Any liability of BC Social House (with the exception of gross negligence or tort) shall be limited to the amount as paid by User to BC Social House with a maximum of € 10.000,– (ten thousand euro) for each User. The total liability of BC Social House Office for each separate event, hack or cyberattack is limited to € 25.000,– and shall (with the exception of gross negligence or tort) and BC Social House and/or the Copyright Office are not be liable for any consequential damages.
8.3 User agrees that any person associated with BC Social House shall not be held liable for any damages resulting from the use of the Website and/or the Copyright Register.
Article 9 – Miscellaneous
9.1 If any one or more of the provisions contained in these terms and conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these terms and conditions shall be construed as if such invalid, illegal or unenforceable provision had never been contained in it.
9.2 The relationship between BC Social House any Content Provider, Brand Owner and/or User shall be governed by Dutch law. Any dispute with BC Social House and/or any dispute resulting from – or in connection with the use of Social House or the Website shall be submitted to the competent Court in Amsterdam, The Netherlands.
