TNW Content Contributions – Terms and Conditions
These terms and conditions set out the rules and conditions under which you can contribute content to the TNW website, mobile applications or other platforms.
Agreement: means the agreement between You and TNW.
Content: includes, without limitation, information, data, text, artworks, photographs, videos, audio clips, music, written posts, articles, comments, logos, trademarks, software, scripts, graphics, designs, user interfaces, visual interfaces and interactive features generated, provided, or otherwise made accessible on the Platform.
Content Contributions: Content You created and / or submitted to TNW.
Guidelines: the article ‘Everything you need to know about the TNW contributor platform’: https://thenextweb.com/contributors/2017/11/27/everything-you-need-to-know-about-the-tnw-contributor-program/
Rights: means any intellectual property rights trademarks, patents, copyrights, design rights, trade secrets and other rights in intangibles.
Conditions: The general terms and conditions of TNW Content Contributions including the Guidelines.
TNW: The Next Web B.V. having its registered office at (1017 AZ) Amsterdam, the Netherlands at Singel 542, registered with the Dutch Chamber of Commerce under number: 63750120;
Platform: the TNW websites, including – but not limited to – https://thenextweb.com/, mobile applications or other (online/electronic) platforms of TNW.
You: every person who contributes Content to the Platform or wishes to contribute Content to the Platform or has already done so.
Terms and Conditions & conclusion of Agreement
1. Deviations from these Terms and Conditions shall only apply when agreed in writing between You and TNW. The applicability of any of your purchasing or other general terms and conditions is expressly rejected, unless agreed otherwise by TNW in writing.
2. When TNW accepts You as contributor You and TNW conclude an Agreement and You agree to comply with and be bound by these Terms and Conditions. In any case an Agreement is concluded and You agree to comply with and be bound by these Terms and Conditions at the moment You log on to your account for the first time.
3. These Terms and Conditions also apply to You if You submit a Content Contribution to TNW. TNW will confirm your submission via e-mail and will send You these Terms and Conditions.
4. TNW has provided You with these Terms and Conditions before concluding the Agreement or with the confirmation e-mail. If You have not received these Terms and Conditions TNW will send You these Terms and Conditions upon request. The Terms and Conditions including the guidelines can be consulted via the Website:
Content Contributions: ownership & license
5. You are the owner of all the Content You contribute to TNW. TNW claims no ownership of any Content You submit to TNW. You guarantee and declare that You are the rightful owner of the Content You submit or that You have permission and an adequate license of any third party whose Content You submit. You furthermore guarantee that You have the power to grant the license set out in article 6 below.
6. You grant TNW, its representatives and sublicensees an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free and fully-paid, worldwide license to use, distribute, syndicate, sub license, reproduce, modify, adapt, publish, translate, publicly perform, create derivate works and publicly display your Content Contributions (in whole or in part) in any format or medium now known or later developed.
7. You shall defend, indemnify and hold TNW, our respective directors and employees harmless against any claims, actions, proceedings, losses, liabilities, damages, expenses and costs (including, without limitation, court costs and reasonable legal fees) arising out of or in connection with claims from a third party that the Content Contribution infringes the intellectual property rights or other rights of a third party.
8. You waive your moral rights under Dutch law as far as is permitted by Dutch law. This means you cannot waive your right to resist publication under another name than You or mutilation of your Content Contributions. However please note that TNW has the right to modify or alter your Content Contributions at any time.
9. You may republish your Contributed Content elsewhere after one (1) week after it has been published on the Platform, as long as it has a canonical URL and clearly states it was originally published on the Platform (with a link to it).
10. For more information about how to write your Content Contribution, how to use images, how to submit your Content Contribtution and examples of good Content Contributions please consult the Guidelines.
11. Content Contributions may not contain
- Promotional material of any kind
- Selling links or coverage
- Plagiarism — we take this extremely seriously
- Hate speech or any inappropriate comments of any kind
Content Contributions: editing
12. TNW has the right but not the obligation to check and/or edit your Content Contributions, which means that we can:
- Change titles
- Change/add images
- Edite — both spelling and bigger edits such as adding sentences for clarity/readability
- To ‘unpublish’ an article if we deem it necessary
13. You will remain responsible for your Content Contributions at all time.
14. TNW is not required to backup, host, display, or distribute any Content Contribution, and may remove the Content Contribution at any time or refuse any Content Contribution. TNW is not responsible for any loss, theft or damage of any kind of any Content Contribution.
Content Contributions: advertisements
15. TNW reserves the right to display advertisements in connection with your Content Contributions and to use Content Contributions for advertising and promotional purposes on the Platform without being required to pay any compensation to You.
16. You may not represent or imply to others that your Content Contributions are in any way provided, sponsored or endorsed by TNW.
Compilation, collective work or derivative work
17. Any compilation, collective or derivative work created by TNW containing your Content Contribution is the sole proprietary of TNW. TNW holds all rights titles and interest in the compilation, collective or derivative work created by TNW.
18. You are not allowed to submit improper Content, for example (child)pornography, violent content, discriminatory or racist content, content that is in breach of laws and regulations on the protection of personal data or is in breach of any law or regulation. TNW has the right to refuse or remove such Content or any Content TNW deems impropriate and notify the relevant authorities.
Intellectual Property Rights infringement: notice & take down
19. As stated in article 5 You guarantee that You are the owner of all the Content Contributions You submit or, if You are not the owner of your Content Contribution, You guarantee You have permission or an adequate license from the third party to submit the Content Contributions to TNW and for TNW to publish the Content Contribution regardless if the Content Contribution is edited or not by TNW.
20.TNW respects the Intellectual Property Rights of third parties. Therefore TNW has a policy in place to deal with claims by third parties that the Content on the Platform infringes any of their Intellectual Property Rights. The Notice & take down policy is accessible via the Website: https://thenextweb.com/ip-right-infringement-notice-takedown/
21. If a claim of a third party is brought to the attention of TNW stating that your Content Contribution violates their Intellectual Property Rights, TNW will sent the claim to You with the question to respond to the third party directly within a period of two (2) weeks and sent a copy of the response to TNW.
22. Please note that if You fail to respond to the third party within the term in article 21 or fail to ask the third party for an extension of the reaction term, TNW has the right to permanently delete the disputed Content Contribution.
23. In any case TNW will remove the disputed Content Contribution after receiving a copy of your response if TNW determines at its sole discretion that You are not the owner of the disputed Content, You have not provided an adequate license or TNW cannot establish which party rightfully holds the Intellectual Property Rights.
24. TNW has the right to remove and / or refuse republication of the disputed Content Contribution if TNW is not convinced that You are the owner of the Intellectual Property Right on the Content Contribution or You have not provided an adequate license. TNW will have no obligation to state You or any third party the reason why it removes or does not remove the disputed Content Contribution.
Intellectual Property Right TNW
25. TNW is the sole proprietor of the TNW and The Next Web trademarks and logos. You are not authorized to use any trademark or logo of TNW and The Next Web without the written permission of TNW.
Account: right of use
26. When You are accepted by TNW as a Content Contributor TNW will create an account for You accessible via the Platform. Through this account You can submit your Content Contribution. TNW will provide you with an username and password to access the account.
27. TNW will grant You a right of use of the account and may also offer software applications to help You gain access to your account (‘Services’). In such circumstances, TNW grants you a personal, non-exclusive, non-transferable, limited license to use the account and install such software applications solely on the devices You will use to access the account. You are forbidden to duplicate, publish, modify, adapt, reverse engineer the software applications and /or software of the account, software of the Platform or otherwise attempt to derive the source code of the software of the account, of the Platform, of the applications, datafiles or other materials. You may not modify, adapt or create derivative works from any software or remove proprietary notices in the software. The right of use is non-exclusive and non-transferable to third parties.
28. The right of use also includes the right to use the documentation of the software, if any and if provided by TNW.
29. You are liable for all activities on the account and all Content Contributions submitted via the account. You are not allowed to have a third party use the account. You are not allowed to use your account for illegal activities.
Account: security, warranty & maintenance
30. You are responsible at all time to keep the username and password save and secure. TNW cannot be hold liable for loss of data and / or Content Contributions or the data and / or Content Contributions becoming public, unless this is caused by willful misconduct or gross negligence on its part. TNW is not responsible and/or liable for a loss of data or Content Contributions which is the result of third parties involved in maintaining the account, such as hosting providers.
31. You agree to immediately change your password and notify TNW at [email protected] if You suspect or become aware of any unauthorized use of your password or any other breach of security of the related Services. TNW reserves the right to require You to alter your password if TNW believes your password is no longer secure.
32. TNW provides the Services and all other services on the basis of a best efforts obligation on an “as is” and “as available” basis and expressly disclaims all warranties of any kind, whether express or implied, with respect to the Services and any other services provided including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. TNW does not warrant the Services and any other services are free of defects and will operate without interruptions.
33. Any data or Content Contributions stored via the Services is not guaranteed by TNW. TNW is not responsible for any loss of data caused by the Services or their unavailability.
34. TNW may continue to provide access to the Services using a new or amended version, update or new release of the Services, which you will accept for installation. TNW shall not be obliged to maintain, change or add certain features or functionalities of the Services specifically for You. TNW can change or alter the Services provided to You. If these alterations lead to changes which will effect your account TNW will inform You.
35. TNW may temporarily suspend the Services in full or in part for the purpose of carrying out preventive, corrective or adaptive maintenance. TNW shall not suspend the Services for longer than necessary and shall arrange for this to take place outside of business hours where possible and, according to the circumstances, shall notify You in advance via the Platform.
36. TNW reserves the right at any moment to permanently discontinue to provide the Services to You. If TNW invokes this right TNW will inform You three (3) months prior to discontinuance of the Services via the Platform.
37. Any information provided to You by TNW or via the account is considered to be confidential (“Confidential Information”). You may not disclose, published, copy or use the Confidential Information for any other purpose than solely for the purpose of execution of the Agreement. You may only disclose Confidential Information with permission of TNW or: i) if it was in your lawful possession before it was disclosed, without confidential restrictions, ii) if You have obtained the information from a third party, who did not breach any confidentiality agreement with TNW, and iii) if You are required to disclose the information in accordance with applicable law, on the conditions You give TNW prior written notice of such requirement.
38. TNW is solely liable for direct damages caused by the willful misconduct or gross negligence on its part. TNW’s overall liability never exceeds the total amount received by TNW from You in the year in which the harmful event occurs, up to a maximum of EUR 5.000,00 (EUR five thousand) per year.
39. TNW may terminate this Agreement or deny access to the account or the Service, without notice and without being liable to pay for any damages if You i) breach these Terms and Conditions, ii) submit improper Content, iii) breach any Intellectual Property Right of a third party or TNW or iv) violate any applicable law or regulation. TNW has no obligation to retain, store or return data or Content Contributions provided to TNW, other than as required by law and/or in accordance with our Privacy Statement.
40. TNW treats all personal data provided by You in accordance with the applicable privacy laws and regulations. For more information regarding the use and security of personal data see: https://thenextweb.com/privacy-statement/
41. If any provision of these Terms and Conditions is null and void, the other provisions of these Terms and Conditions will remain in full effect.
42. Changes to the Terms and Conditions enter into force thirty (30) days from the day they are announced via the Platform, unless a later date is announced in the notice. The changes will also apply to existing Agreements.
Governing law & disputes
43. The Agreements between You and TNW, these Terms and Conditions, are exclusively governed by the law of the Netherlands.
44. Any dispute arising from the Agreement or these Terms and Conditions will be submitted to the competent court in the Netherlands.