Terms of Service
§ 1 Terms of Service
(1) Stylink Social Media GmbH (hereafter referred to as "stylink") offers an online platform www.stylink.com that allows users of various social media channels (hereafter referred to as "bloggers") to upload images onto the stylink platform and connect these with product links. These product links may be clicked and used by prospects (hereinafter referred to as "followers") to obtain product information and make purchases.
(2) The setting of the product links can also take place outside the stylink platform by means of short links on other platforms (for example Instagram Stories or Youtube), which in turn refer to the corresponding online shops.
(3) Bloggers are paid with a commission from stylink when followers make product purchases or clickouts on the set product links.
§ 2 Scope
(1) These terms and conditions govern the use of the website www.stylink.com, the use of the local and mobile applications of stylink and the use of other stylink services. Certain features and options may require the registration of a stylink account.
(2) These terms and conditions become part of the contractual agreements between stylink and bloggers as well as between stylink and followers.
(3) The consent to these terms and conditions is given by bloggers and followers (collectively referred to as "users") equally when registering on stylink.
(4) stylink reserves the right to change and adapt the terms and conditions at any time. Changes will be made known to stylink users immediately. The subsequent, further use of stylink is considered as agreement to the changed terms and conditions.
An objection must be received by stylink within two weeks of notification of the changes in writing or in electronic form (email).
§ 3 How can users participate in stylink; How does the contract come about and what data needs stylink from users?
(1) In order to use the services and the platform of stylink it is necessary to register on it. The registration on stylink is done with the help of the Instagram account.
(2) By registering, users agree that stylink gains access to portions of the social media accounts. The approvals are standardized and are requested and specified by the respective social networks themselves.
(3) In addition, the registration includes permission for stylink and its marketing partners to display the content of the users. As part of the registration process, it will again be referred to separately. If technically possible, profiles are given as sources.
(4) stylink asks users for payment data and saves it. The information is used solely to pay for sales generated through the platform.
(5) For users, the use of stylink is always free. There is no obligation to use stylink. Furthermore, every user is free at all times whether, when and to what extent he would like to work on stylink or whether he would like to cease his activity.
(6) In order to register for stylink as a user, the user must be fully capable of acting. With the registration the age of majority is confirmed.
(7) users of stylink must have a fixed residence as well as a bank connection in Germany, Austria, Switzerland or United Kingdom or Paypal account, in order to use the service and the platform fully. Users who do not meet these requirements can not get paid via stylink earned income
§ 4 Rules for users
(1) Users assure that they provide truthful and complete information when registering. If this is not the case, stylink reserves the right to exclude users from using the platform.
(2) Users are not entitled to pass on their access data and passwords to third parties. If third parties have access to a user's stylink account or if they suspect abuse, the user is required to contact stylink immediately to have the user data changed.
(3) Users are not allowed on stilink to distribute links or references to external websites, advertising or other content, unless they are directly related to stylink.
(4) Users are obliged to refrain from anything that jeopardizes or interferes with the operation and functioning of stylink and its prosperous coexistence. It is forbidden to users in particular
- violate the rights of third parties, in particular copyrights, personal rights, trademark rights, company rights, etc.
- to offend common decency, make comments, or choose a particular username that violates the religious sentiments of others, or that is racist or discriminatory.
- choose e-mail or web address as user name.
- Use, discontinue, publish, or link to offensive or libelous content on a third party website, whether that content relates to other participants or to any other person or entity.
- to use, discontinue or publish offensive content that is contrary to law, in particular youth protection laws and the youth media protection treaty, against content that is illegal, pornographic, morally reprehensible, offensive, violent, violent, sexist, right-wing or left-wing extremist, or to third parties Website or to promote, offer or distribute pornographic or anti-discrimination laws, in particular child protection laws, infringing products.
- violate applicable laws and / or case law relating to the mandatory labeling of commercial content.
- to harass other users unreasonably (in particular by spam), in particular, but not exclusively by sending unsolicited messages, advertising or for any other commercial or commercial purpose without the legal consent of the recipient.
- to publish, reproduce, make publicly available or distribute content protected by law (eg by copyright, trademark, patent, design or utility model law) without being entitled to do so.
- Make or promote anticompetitive activities, including progressive customer advertising (such as chain, snowball or pyramid schemes).
- to commit click fraud by faking himself or with the help of a third party a profile is visited.
- to request other users to provide personal data for commercial or unlawful purposes or to provide access data.
- to duplicate or make public a picture of another person without the written consent of the person concerned.
(5) stylink reserves the right to remove content from users in whole or in part from the marketing and delete if there is evidence that they violate these terms and conditions or legal requirements, the guidelines of social media providers or the guidelines of the partners of stylink
§ 5 The functioning and billing of stylink
(1) As a registered user, the blogger has several models available to promote via stylink products.
(2) Bloggers have the opportunity to earn money with stylink. The amount of income earned depends largely on the conditions and models that are specified and provided stylink by its partners.
There are, among others, the following models:
- For some of the products in the stylink database, influencers are currently paid per click of a real user.
- For other products, there is a commission, which is paid in the case of a purchase by a user pro rata from the purchase price.
The achieved amount of the click price or the sales commission is set by the provider of the model.
(3) The billing and payment of the amounts generated by clicks and purchases will be made on a monthly basis at the request of the blogger. For a payout a generated turnover of at least 50,00 GBP is necessary. Requested withdrawals will be confirmed on the last day of the month and will be sent by stylink within 30 days. Existing amounts that are not requested by the blogger will be credited to the next month and will not expire.
(4) Decisive for the amount of sales resulting from clicks and purchases are the clicks and purchases recognized by the program partners. stylink pays out only amounts previously credited by the program partners.
(5) Users are responsible for the taxation of their revenues.
(6) stylink reserves the right to withhold amounts temporarily or permanently if there are reliable indications of copyright infringement or click fraud.
(7) The amounts shown in the credit vouchers are gross amounts including the applicable value added tax.
(8) Users who are not domiciled and do not have a bank account in Germany, Austria, Switzerland or Great Britain or a Paypal account are not entitled to the payment of earned commissions (see § 3, 7).
§ 6 Transfer of rights of use
In the context of the use of stylink, users transfer a non-exclusive, royalty-free, comprehensive right to use the photos, texts, illustrations, pictures, videos and other content made available in the stylink profile and in the social media profiles, limited in duration to the contractual relationship , in particular for duplication, editing and public access to stylink.
The non-exclusive right of use also includes company marks, registered trademarks, work titles, other similarly identifying brandings or works that a user submits to stylink. Again, the use is limited to the purpose of the contract.
§ 7 Term, termination of the account
When users register with stylink it is generally assumed that they have an unlimited duration. However, both the user and stylink can terminate the contractual relationship at any time by deleting or deactivating the account.
Upon termination of the contract, all income will be paid to the users if the balance is at least 20.00 GBP. Amounts less than 20,00 GBP expire.
§ 8 Liability of the users; exemption
Users are liable for any infringement of the rights of third parties against them directly and directly. Users agree to reimburse stylink for all damages caused by the negligent failure to comply with the obligations arising from these terms and conditions.
Users indemnify stylink against all claims that other users or other third parties assert against stylink for infringing their rights through content posted by stylink users or for breaching other duties. The user also assumes the costs of the necessary legal defense of stylink including all court and legal fees. This does not apply if the infringement is not attributable to a user.
§ 9 Accessibility, liability, damages of Stylink Social Media GmbH as a provider of stylink
(1) stylink operates the website within the scope of the technical possibilities and makes no representation or warranty in terms of error-free and uninterrupted usability.
(2) In particular, stylink assumes no responsibility or liability for any damage caused by external influences on the system or in the process of data transmission.
(3) The liability of stylink, as far as such should be given regardless of the above provisions, is limited in any case to damages caused intentionally or grossly negligent by stylink, its legal representatives or vicarious agents, or to the breach of any of the contractual relationship essential primary duty. The liability for damages is limited to the foreseeable, typically occurring damage insofar as stylink can not be accused of intentional or grossly negligent breach of contract. The liability for culpable injury to life, body or health remains unaffected. This also applies to the mandatory liability under the Product Liability Act.
(4) stylink gives any information, advice and recommendations in principle to the best of its knowledge. There is no contractual principal or secondary obligation to provide information, advice or recommendations. Therefore, stylink is not obliged to pay compensation for damage resulting from compliance with the information, the advice or the recommendation, unless liability arises from an unauthorized act or any other statutory provision. Information, advice and recommendations may be a picture or text, regardless of whether this information, advice or recommendations are publicly available (for example on the website www.stylink.com) or given to the user personally.
(5) Incidentally, any liability for compensation of stylink, for whatever legal reason excluded.
§ 10 Privacy
(1) Any data transmitted in connection with the registration as user can be managed, changed or deleted by the user in his own account.
(2) The personal data provided as part of the creation of the account as well as the data taken from his social media accounts with the consent of the user are saved by stylink for the execution of the contract.
(3) The personal data collected shall only be kept for as long as is necessary for the performance of the contract. Unless statutory retention periods require storage beyond.
§ 11 Miscellaneous
(1) Oral side agreements do not exist. Changes or additions to these terms and conditions - including this written form clause - must be made in writing.
(2) Should individual provisions of these terms and conditions be or become invalid in whole or in part, or should there be a gap in these terms and conditions, this shall not affect the validity of the remaining provisions. In place of an invalid provision, the valid provision that comes as close as possible to the purpose of the ineffective provision shall be deemed agreed. In the case of a gap, the provision which corresponds to what would have been agreed according to the economic purpose of these Terms and Conditions, if the parties had considered this circumstance from the outset, is deemed agreed.
(3) The rights and obligations arising from this contractual relationship can only be transferred with the consent of the other party.
(4) Claims arising from this contractual relationship may only be assigned by us with written consent.
(5) German law applies to this contractual relationship. Jurisdiction is Münster.
Copyright: Stylink Social Media GmbH, All Rights Reserved
As of October 2019