TERMS OF USE
The website “artandcollect.com” offers advertising space on the Internet to private collectors, professionals and artists wishing to sell or exchange Artworks and/or Antiques, and individuals looking for a work of art to buy or exchange. Access to the site http://www.artandcollect.com (hereinafter “ArtAndCollect”), its consultation and its use are subject to the unreserved acceptance of these Terms of Use.
GENERAL INFORMATION
ArtAndCollect is owned and operated by SENART Sprl (“SENART”), VAT BE 0641.823.660, 523 avenue Louise, 1050 Brussels, Belgium.
Any use of this website is subject to these Terms. These Terms of Use (“Terms”) are an agreement between you (“you” or “your”) and ArtAndCollect (“ArtAndCollect” or “we” or “our” or “us”) that governs your access to and use of our website and services (“Services”). By accessing or using our Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully, and feel free to contact us if you have any questions.
SENART reserves the right to change these Terms at any time. The amended terms and conditions are published on ArtAndOnly and will automatically become effective as soon as they are published.
In principle, you can use the website without communicating your personal data. However, it is possible that certain parts or the use of certain features may only be accessible if you provide certain personal data. You warrant that the data you provide is accurate and complete. The communication of incorrect data or data belonging to third parties may lead to the user being prevented from accessing, temporarily or permanently, all or part of this website.
DEFINITIONS
In these Terms:
“User” means any person or entity that accesses or uses our Services in any way, whether or not they register for an ArtAndCollect account, including you.
“Content” means any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through our Services, including when we send you email. Content includes both ArtAndCollect Content and User Content.
“ArtAndCollect Content” means any and all Content that we provide on or through our Services, including Content licensed from a third party, but excluding User Content.
“User Content” means any and all Content that a User submits, posts, publishes or otherwise provides on or through our Services.
“Your User Content” means any and all User Content that you submit, post, publish or otherwise provide on or through our Services.
“including” means “including but not limited to” unless we specifically indicate otherwise.
ACCESS
All Users must enter their username and password in the space reserved for this purpose to access the services of ArtAndCollect. It is the responsibility of the Users to ensure the confidentiality of his / her username and password. He is responsible for any access, consultation or use of his username and password and the consequences that may result for him or the third parties.
SECURITY
We take security of your Personally-Identifying Information seriously and use reasonable electronic, personnel, and physical measures to protect it from loss, theft, alteration, or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third party circumvention of any privacy settings or security measures.
OWNERSHIP
All Content is owned by SENART or by others who have licensed their Content to us, and is protected by Belgium copyright laws, trademark laws, and/or other proprietary rights and laws.
The trademarks, service marks, logos, and product names displayed on or in connection with our Services are the registered and unregistered trademarks and service marks of SENART or third parties in Belgium and/or other countries.
As between you and us, SENART owns and retains, solely and exclusively, all rights, title, and interest in and to our Services, the look and feel, design and organization of our Services, all ArtAndCollect Content, and the compilation of all Content on our Services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.
These Terms do not grant you any ownership over any Content, or any intellectual property rights in any Content, although you remain the owner of any intellectual property rights that you may have in Your User Content.
Neither these Terms nor your use of our Services grants you any license or permission under any copyright, trademark, or other intellectual property of SENART or any third party, whether by implication or otherwise.
These Terms do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.
We reserve all rights not expressly granted to you in these Terms.
GENERAL CONTENT POLICY
You acknowledge that all messages, comments, files, images, photos, videos, sounds and any other material (“Content”) sent, transmitted or linked to our Service are the responsibility of the User Content.
Concretely, you will be responsible for all Contents that you download, send or distribute through our Services. You declare that you understand that SENART does not control and cannot be held responsible for the Content distributed through ArtAndCollect and that, when using the site, you may find yourself dealing with offensive, displaced, indecent or offensive content.
Please note that Content covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them.
In addition, SENART and the Content published on ArtAndCollect site are likely to include links to other websites that have no relationship with SENART, which can in no way guarantee the truth or authenticity of the information contained on such sites. If you redirect to other websites, you will do so at your own risk.
You acknowledge that SENART does not preview or endorse the Content prior to publication. However, SENART reserves the right to refuse, delete or move any Content distributed through our Service that contravenes the spirit of the site.
Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content in any way without express prior written permission from us or (as applicable) the appropriate third-party rights holder.
Any commercial exploitation of any image or other Content without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
USER CONTENT
Some Services may enable Users to submit, post, publish or otherwise provide User Content. Each User is solely responsible for all User Content that they provide on or through our Services.
We do not endorse or make any representations or warranties of any kind, express or implied, with respect to the accuracy, completeness, truthfulness or reliability of any User Content and/or any statements, ideas, advice or opinions communicated on or in connection with our Services by any User and/or third party, whether online, offline, orally, in writing or otherwise. You acknowledge that any use of or reliance on any User Content and/or any such statements, ideas, advice or opinions is solely at your own risk.
You acknowledge that we have no obligation to review or screen any User Content, and that by using our Services, you may be exposed to User Content that is inaccurate, misleading, offensive or otherwise objectionable.
Some User Content may be marked as “featured” (or marked with other similar language) when it is provided on or through our Services. Such markings are for general informational use only and are not an endorsement, representation or warranty of any kind by us.
We reserve the right, but have no obligation, to monitor and/or review any User Content and/or communications transmitted on or through our Services, to investigate potential violations of these Terms or to otherwise administer or operate our Services, without notice or liability, at any time at our sole discretion. We also reserve the right to access, preserve and disclose any information if we believe it is reasonably necessary to: (i) respond to claims against us or comply with any law, regulation, legal process or governmental request; (ii) enforce or administer these Terms or our other policies or agreements with Users; (iii) conduct customer support, or detect, prevent or otherwise address fraud, security or technical issues; or (iv) protect or enforce the rights, property or safety of SENART, you, or others.
We reserve the right to remove or refuse to display any User Content on our Services, in whole or part, if we believe that such User Content may violate these Terms, the law or any third-party rights, or for any other reason, without notice or liability, at any time at our sole discretion.
You acknowledge that you are in the best position to know if Your User Content may be used in connection with our Services. You are solely responsible for ensuring that Your User Content does not violate any law or regulation, or any right or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right.
By submitting, posting, publishing or otherwise providing any User Content on or through our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to use, host, store, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display Your User Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving our Services, and developing new Services. You represent and warrant that: (i) you own or otherwise control all of the rights to Your User Content; and (ii) the use of Your User Content does not violate these Terms and will not violate any right of, or cause injury to, any person or entity.
Nothing in these Terms will restrict any other rights that we may have or later obtain with respect to Your User Content, such as rights under applicable laws or other licenses.
We will not be liable for any and all claims, howsoever and whenever arising, brought against you in connection with the User Content supplied on ArtAndCollect. The user indemnifies SENART in respect of all claims howsoever and whenever arising brought against you in connection with the User Content supplied on ArtAndCollect.
We will not be liable or responsible for any User Content, or for any use of Your User Content by us in accordance with these Terms.
MARKETPLACE
Our Services include an online marketplace where Users may browse, purchase, bid on, list, market, offer for sale, and sell artwork and other property. Our Services also include features that enable Users to contact and communicate with us or other Users about the property listed on our Services or otherwise.
Minors are not allowed to use our Services as buyers, bidders or sellers. Any person that uses our Services to buy, bid on, list, market, offer or sell property represents and warrants that she or he is at least eighteen (18) years old and is otherwise able to enter into and form binding contracts under applicable law.
As a marketplace, we do not own, take title to, have possession of, or sell the property listed, marketed, offered or sold on or in connection with our Services (whether online or offline). We do not sell property on behalf of the seller. All property is offered for sale and sold directly from the seller to the buyer, and we are not a party to any sale. We do not transfer, and are not responsible for transferring, legal ownership or physical possession of property from the seller to the buyer.
We may facilitate communication between Users in connection with some property. However, such Services are offered for convenience only. We have no agency authority and are not the agent of any User, prospective buyer or seller for any purpose.
We do not endorse or control and are not responsible for the conduct (whether online or offline) of any buyer, prospective buyer, bidder or seller. We make no representations or warranties as to the character, reputation, policies or practices of any buyer, prospective buyer, bidder or seller. We make no representations or warranties that any buyer, prospective buyer, bidder or seller will complete any transaction or otherwise perform as promised (whether or not we collect or agree to collect payment from any buyer on behalf of any seller).
We do not endorse or make any representations or warranties of any kind, express or implied, with respect to:
Users’ listings on our Services or related User Content, whether as to accuracy, completeness, truthfulness, reliability or otherwise; or
any property listed, marketed, offered or sold (whether online or offline) by any User and/or third party, whether as to quality, size, condition, description, provenance, attribution, authenticity, legality, merchantability, fitness for a particular purpose, or otherwise.
No statement made by any seller about any property (whether orally, in writing, on our Services or otherwise) will be considered a representation, warranty, or assumption of liability of any kind by us.
We reserve the right, at any time at our sole discretion, to refuse to list, de-list, or delay or suspend listing of any property on our Services. We will not be liable to any User for doing so.
We may receive a commission from some sellers on some sales, subject to separate agreements between us and those sellers.
OTHER WEBSITES AND SERVICES
Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services.
Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
You acknowledge and agree that the SENART Parties (defined below) are not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services.
Our Services may use Google Maps/Earth mapping services, including Google Maps/Earth APIs. By using our Google Maps/Earth API implementation, you agree to Google’s terms of use and privacy policy as amended by Google from time to time.
RISKS
SENART draws the attention of its users to the risks inherent in any art dealing transaction. The use of the information and services offered on ArtAndCollect is done under the sole responsibility of the User, who remains solely responsible for the commitments he/she contracts. SENART does not guarantee the completeness, accuracy and completeness of the information and services made available. Consequently, the responsibility of SENART cannot be sought for the information and the services offered on ArtAndCollect for any damage, of any nature whatsoever.
HYPERLINKS
Links from ArtAndCollect: ArtAndCollect may contain hypertext links to sites operated by third parties. These links are provided for information purposes only. SENART exercises no control over these sites and disclaims all responsibility for the access, content or use of these sites, as well as any damage that may result from the consultation of the information present on these sites. The decision to activate these links is the full responsibility of the user.
Links to ArtAndCollect: No hyperlink can be created to ArtAndCollect without the prior express consent of SENART. If a user or legal entity wishes to create a hyperlink to ArtAndCollect from his website, he/she must first contact SENART, sending an email to [email protected]. Eligibility or not of such request shall be transmitted to the person concerned.
COOKIES
In order to facilitate the navigation on ArtAndCollect, cookies can be installed in the user’s computer, for retaining the search criteria and to be identified on his next visit.
Cookies are non-executable text files that are deposited on the user’s login terminal when they visit a site. These files are anonymous and do not allow to collect personal information about the user. These anonymous files can be sent to partners. Most recent browsers allow users to decide whether to accept or reject cookies and to choose how long cookies will be kept.
If the user does not wish to accept the installation of cookies, he can set his browser to refuse them. These settings are mostly made from the “Tools” menu and “Internet Options” and then “Privacy” or “Privacy” of your browser. However, the use of ArtAndCollect may be disrupted.
BEACONS
A “Beacon” is an object that is embedded in a page that is usually invisible to the User and allows operators to check whether a user has viewed a particular page or an email. SENART may use Beacons on ArtAndCollect and in emails to count users who have visited particular pages, viewed emails, and to deliver co-branded services. Beacons are not used to access users’ Personally-Identifying Information; they are a technique SENART may use to compile aggregated statistics about ArtAndCollect usage. Beacons collect only a limited set of information including a Cookie number, time and date of a page or email view, and a description of the page or email on which the Beacon resides. You may not decline Beacons, however, they can be rendered ineffective by declining all Cookies or modifying your device setting to notify you each time a Cookie is tendered and permit you to accept or decline Cookies on an individual basis.
ADVERTISING
We may either directly or through third-party companies serve ads to you when you access ArtAndCollect. Advertisers may use information about your visits to and use of ArtAndCollect (including, without limitation, stations accessed, listening habits, and location of accessing telephone number) that are contained in Cookies in order to provide advertisements about goods and services that may be of interest to you. We also allow advertisers to choose the characteristics of listeners who will be presented with their advertisements and we may use any of the non-personally identifiable attributes we have collected to select the appropriate audience for those advertisements.
RESTRICTIONS
You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):
submit, post, publish or otherwise provide any User Content on or through our Services, or take any other action in connection with our Services (whether online or offline), that: (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right: (ii) violates or infringes any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents your relationship with any person or entity;
create a false or misleading ArtAndCollect account or profile with inaccurate or untrue information;
distribute or post unauthorized or unsolicited advertising or promotional messages, bulk electronic communication, or spam on or through our Services;
collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;
use our Services to list, market, offer for sale, or sell goods or services without our express prior written permission;
use our Services or any Content in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;
access our Services by any means other than the interface and instructions that we provide;
access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;
breach, disable or circumvent any security or authentication measures on or in connection with our Services;
interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (at our sole discretion) an unreasonable or disproportionately large load on our servers or systems;
decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;
adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;
use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information;
mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission;
use any meta-tags or other hidden text or metadata containing any ArtAndCollect trademark, service mark, product name, or URL without our express prior written permission;
use any ArtAndCollect trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;
use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any ArtAndCollect trademark, service mark, product name, or logo, or to the look and feel of any of our Services; or
remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content.
Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User’s account and/or access to or use of any or all of our Services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User’s conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, and we will have no liability to such User for doing so. In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.
RESPONSIBILITIES
SENART is not responsible for:
In the event of interruption of ArtAndCollect for technical maintenance or updating of published information;
In the event of a temporary lack of access to ArtAndCollect (and/or linked sites) due to technical problems, regardless of their origin and source;
In the event of direct or indirect damage to the user of any kind whatsoever resulting from the content, access, or use of ArtAndCollect (and/or sites which are linked to it);
In case of abnormal use or illicit exploitation of ArtAndCollect. The User is then solely responsible for the damages caused to third parties and the consequences of the claims or actions that may result from them. The User waives any right of recourse against SENART in the case of proceedings brought by a third party against him due to the unlawful use and/or exploitation of ArtAndCollect;
In case of loss by the User of ArtAndCollect of his identifier and/or his password or in case of usurpation of his identity.
SENART reserves the right to seize all legal remedies against any person who has fraudulently accessed to all or part of ArtAndCollect.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH SENART AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “SENART PARTIES”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE SENART PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT OUR SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OF ERRORS, SAFE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF OUR SERVICES IN ANY WAY WILL GIVE RISE TO ANY SPECIFIC RESULTS. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
If the use of our Services results in the need for servicing or replacing any equipment, material or data, the SENART Parties will not be responsible for those costs or losses, and you should backup your data at all times.
No advice or information (whether oral or written) obtained from the SENART Parties, or through our Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us.
GENERAL RELEASE
We may provide rules for using our Services, but the SENART parties do not endorse or control and are not responsible for the conduct (whether online or offline) of any User and/or third party on or in connection with our Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE SENART PARTIES FROM ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH: (i) ANY DISPUTES BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES; (ii) ANY USER CONTENT OR CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY IN ANY WAY CONNECTED WITH OUR SERVICES, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT OR USER CONTENT, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, YOUR ACCOUNT OR YOUR USER CONTENT AND/OR INFORMATION; (iii) ANY ARTWORK OR OTHER PROPERTY EXHIBITED, LISTED, MARKETED, OFFERED FOR SALE, OR SOLD (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OR OTHER THIRD PARTY ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES; OR (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS (WHETHER IN PERSON, ONLINE OR OTHERWISE) BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.
LIMITATION OF LIABILITY
SENART can never guarantee the accuracy, completeness and relevance of communications or information published on ArtAndCollect for any purpose whatsoever and cannot be held responsible for them. SENART and its websites is not responsible for any decision or action of the use on the basis of the information or data provided or communications about users or third parties and is not responsible for errors or mistakes. SENART is not liable for any direct or indirect damage or for any prejudice caused by the inaccuracies mentioned above, the incomplete nature of the information, omissions, negligence, etc. The responsibility for articles, information and photos rests with the author of the article, the information.
IN NO EVENT WILL ANY OF SENART PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE TERMS; (ii) OUR SERVICES; (iii) THE USE OF OR INABILITY TO USE OUR SERVICES; (iv) ANY CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY ON OR IN CONNECTION WITH OUR SERVICES; OR (v) ANY CONTENT, GOODS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES (WHETHER ONLINE OR OFFLINE) BY US OR ANY OTHER USER OR OTHER THIRD PARTY.
SOME JURIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE SENART PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SENART and our officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your breach of any of these Terms (including any term or condition incorporated into these Terms by reference); (ii) Your User Content; (iii) any misrepresentation made by you; or (iv) your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.
We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defence. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defence obligations provided in these Terms will survive these Terms and your use of our Services.
IINTERNATIONAL USE
Our Services are based in the European Union and we do not represent or warrant that our Services will be appropriate or available for use outside the European Union.
If you are located outside the European Union, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software.
You must not access or use our Services if any applicable local, state, national, or international law or regulation prohibits you from receiving products or services originating from the United States.
CHANGES TO OUR SERVICES
Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.
We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services, including any loss of business or the ability to use any product, service or Content.
CHANGES TO THESE TERMS
Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion.
All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms.
By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.
You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.
If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services.
Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.
We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product, service or Content.
TERMINATION
You may stop using our Services at any time, subject to any other agreements between you and us.
Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to terminate your account (if you have an account), and/or to limit, terminate or suspend your access to or use of any or all of our Services, at any time at our sole discretion, without notice or liability, for any reason or no reason, including if you violate the letter or spirit of these Terms.
After any termination of these Terms and/or any termination of your access to or use of our Services, the following will survive and remain in full force and effect: (i) all outstanding obligations you may have to us under these Terms or otherwise; (ii) all remedies for breach of these Terms; and (iii) the following sections of these Terms: 3 (Ownership), 5 (User Content and Communications), 7 (Marketplace), 10 (Other Websites and Services), 11 (Disclaimer of Warranties), 12 (General Release), 13 (Limitation of Liability), 14 (Indemnification), 15 (Choice of Law and Dispute Resolution), 17 (Changes to our Services), 18 (Changes to these Terms), 19 (Termination), 23 (Miscellaneous).
COPYRIGHT POLICY
We respect the intellectual property rights of others and expect Users to do the same.
We reserve the right to remove or disable access to any Content on our Services claimed to be infringing, at any time at our sole discretion, without notice or liability. In appropriate circumstances, we will also terminate Users and account holders who are repeat infringers.
CHOICE OF LAW AND DISPUTE RESOLUTION
Any disputes which may arise concerning the validity, interpretation, acceptance and execution of these presents, whatever the place of subscription or settlement, will be the object of an attempt to amicable settlement which the parties undertake to pursue. Failure to do so within a period of one (1) month from the date of written notification of such a dispute, you agree that all claims or disputes you have against us arising out of or related to these Terms or our Services must be resolved exclusively by a Belgium court. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Brussels, Belgium, for the purpose of litigating all such claims or disputes, and you expressly waive any objection as to inconvenient forum.
These General Conditions of Use are subject to Belgium law, which determines, on a case-by-case basis, the applicable law. In the absence of any mandatory provisions to the contrary or in the presence of a choice in determining the applicable law, Belgium law will be applied.
MISCELLANEOUS
These Terms, including our Privacy Policy, Conditions of Sale, and any other terms and conditions incorporated into these Terms by reference, together with any other written agreements that you may enter into with us regarding our Services, constitutes the entire agreement and understanding between you and us regarding our Services, and supersedes any other communications, representations or understandings.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect.
No delay or failure by us to exercise or enforce any right or provision of these Terms will be considered a waiver. No right or remedy under these Terms will be considered waived by us unless the waiver is in writing and signed by an SENART representative who intends and is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us of any right or remedy under these Terms will prevent us from exercising any other right or remedy.
These Terms will be binding on your successors and assigns, but you are not allowed to assign, transfer or sublicense these Terms or any right or obligation under these Terms without our prior written consent. These Terms, and all rights granted to or reserved by us under these Terms, will benefit and be enforceable by our successors and assigns.
There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.
You and we are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or your use of our Services.
Nothing in these Terms will prevent us from complying with any applicable law or regulation.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
How to Contact Us
If you have questions about these Terms or our Services, please email us at: [email protected]
SENART is located at: Senart Sprl, 523 avenue Louise, 1050 Brussels, Belgium.
Effective Date
These Terms are effective April 3, 2017.