Last updated May 06, 2022
TABLE OF CONTENTS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”) and
Maxim Vansteenkiste ("Company",
“we”, “us”, or
“our”), concerning your access to and use of the
whoshome.app
website as well as any other media form, media channel, mobile website
or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and
agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Site from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use
from time to time. We will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right to
receive specific notice of each such change. Please ensure that you
check the applicable Terms every time you use our Site so that you
understand which Terms apply. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes
in any revised Terms of Use by your continued use of the Site after
the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution
to or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to
access the Site from other locations do so on their own initiative and
are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this
Site. You may not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission
of, and be directly supervised by, their parent or
guardian to use the Site. If you are a minor, you must
have your parent or guardian read and agree to these Terms
of Use prior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and
all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition laws
of the United States, international copyright laws, and international
conventions. The Content and the Marks are provided on the Site “AS
IS” for your information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Site and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all
rights not expressly granted to you in and to the Site, the Content
and the Marks.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these
Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the
Site; (5) you will not access the Site through automated or non-human means,
whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose;
and (7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Site (or
any portion thereof).
You may be required to register with the Site. You agree to
keep your password confidential and will be responsible for
all use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
You may be required to purchase or pay a fee to access some of
our services. You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the
Site. You further agree to promptly update account and payment
information, including email address, payment method, and payment
card expiration date, so that we can complete your transactions
and contact you as needed. We bill you through an online billing
account for purchases made via the Site. Sales tax will be added
to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in
B.
You agree to pay all charges or fees at the prices then in effect
for your purchases, and you authorize us to charge your chosen
payment provider for any such amounts upon making your purchase.
If your purchase is subject to recurring charges, then you
consent to our charging your payment method on a recurring
basis without requiring your prior approval for each
recurring charge, until you notify us of your
cancellation.
We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment. We
also reserve the right to refuse any order placed through the
Site.
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current
paid term.
If you are unsatisfied with our services, please email us at
vsmaxim.dev@gmail.com.
We may include software for use in connection with our
services. If such software is accompanied by an end user
license agreement (“EULA”), the terms of the EULA will
govern your use of the software. If such software is not
accompanied by a EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable license to use
such software solely in connection with our services and in
accordance with these Terms of Use. Any Software and any
related documentation is provided “as is” without warranty
of any kind, either express or implied, including, without
limitation, the implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. You
accept any and all risk arising out of use or performance of
any Software. You may not reproduce or redistribute any
software except in accordance with the EULA or these Terms
of Use.
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
-
Systematically retrieve data or other content from the Site to
create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission
from us.
-
Trick, defraud, or mislead us and other users, especially
in any attempt to learn sensitive account information such
as user passwords.
-
Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features
that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the
Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Site.
-
Use any information obtained from the Site in order to
harass, abuse, or harm another person.
-
Make improper use of our support services or submit false
reports of abuse or misconduct.
-
Use the Site in a manner inconsistent with any applicable
laws or regulations.
-
Engage in unauthorized framing of or linking to the
Site.
-
Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with
the use, features, functions, operation, or maintenance of
the Site.
-
Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction
tools.
-
Delete the copyright or other proprietary rights notice
from any Content.
-
Attempt to impersonate another user or person or use the
username of another user.
-
Upload or transmit (or attempt to upload or to transmit)
any material that acts as a passive or active information
collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”),
1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
-
Interfere with, disrupt, or create an undue burden on the
Site or the networks or services connected to the
Site.
-
Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of
the Site to you.
-
Attempt to bypass any measures of the Site designed to
prevent or restrict access to the Site, or any portion of
the Site.
-
Copy or adapt the Site’s software, including but not
limited to Flash, PHP, HTML, JavaScript, or other
code.
-
Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the
Site.
-
Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
-
Use a buying agent or purchasing agent to make purchases
on the Site.
-
Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated
means or under false pretenses.
-
Use the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial
enterprise.
9. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the
Site, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users
of the Site and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential
and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
-
The creation, distribution, transmission, public display,
or performance, and the accessing, downloading, or copying
of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral
rights of any third party.
-
You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to
use and to authorize us, the Site, and other users of the
Site to use your Contributions in any manner contemplated
by the Site and these Terms of Use.
-
You have the written consent, release, and/or permission
of each and every identifiable individual person in your
Contributions to use the name or likeness of each and
every such identifiable individual person to enable
inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
-
Your Contributions are not false, inaccurate, or
misleading.
-
Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of
solicitation.
-
Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
-
Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
-
Your Contributions are not used to harass or threaten (in
the legal sense of those terms) any other person and to
promote violence against a specific person or class of
people.
-
Your Contributions do not violate any applicable law,
regulation, or rule.
-
Your Contributions do not violate the privacy or
publicity rights of any third party.
-
Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
-
Your Contributions do not include any offensive comments
that are connected to race, national origin, gender,
sexual preference, or physical handicap.
-
Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms of
Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates
these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the
Site.
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to
host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license will apply to any form, media, or technology now
known or hereafter developed, and includes our use of your
name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide. You waive all
moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided
by you in any area on the Site. You are solely responsible for
your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your
Contributions.
11. MOBILE APPLICATION LICENSE
If you access the Site via a mobile application, then we
grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on
wireless electronic devices owned or controlled by you, and to
access and use the mobile application on such devices strictly
in accordance with the terms and conditions of this mobile
application license contained in these Terms of Use. You shall
not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source
code of, or decrypt the application; (2) make any
modification, adaptation, improvement, enhancement,
translation, or derivative work from the application; (3)
violate any applicable laws, rules, or regulations in
connection with your access or use of the application; (4)
remove, alter, or obscure any proprietary notice (including
any notice of copyright or trademark) posted by us or the
licensors of the application; (5) use the application for any
revenue generating endeavor, commercial enterprise, or other
purpose for which it is not designed or intended; (6) make the
application available over a network or other environment
permitting access or use by multiple devices or users at the
same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the
application; (8) use the application to send automated queries
to any website or to send any unsolicited commercial e-mail;
or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the
application.
Apple and Android Devices
The following terms apply when you use a mobile application
obtained from either the Apple Store or Google Play (each an
“App Distributor”) to access the Site: (1) the license granted
to you for our mobile application is limited to a
non-transferable license to use the application on a device
that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth
in the applicable App Distributor’s terms of service; (2) we
are responsible for providing any maintenance and support
services with respect to the mobile application as specified
in the terms and conditions of this mobile application license
contained in these Terms of Use or as otherwise required under
applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and
support services with respect to the mobile application; (3)
in the event of any failure of the mobile application to
conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the
purchase price, if any, paid for the mobile application, and
to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever
with respect to the mobile application; (4) you represent and
warrant that (i) you are not located in a country that is
subject to a U.S. government embargo, or that has been
designated by the U.S. government as a “terrorist supporting”
country and (ii) you are not listed on any U.S. government
list of prohibited or restricted parties; (5) you must comply
with applicable third-party terms of agreement when using the
mobile application, e.g., if you have a VoIP application, then
you must not be in violation of their wireless data service
agreement when using the mobile application; and (6) you
acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this
mobile application license contained in these Terms of Use,
and that each App Distributor will have the right (and will be
deemed to have accepted the right) to enforce the terms and
conditions in this mobile application license contained in
these Terms of Use against you as a third-party beneficiary
thereof.
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any proprietary
right in your Submissions.
We allow advertisers to display their advertisements and
other information in certain areas of the Site, such as
sidebar advertisements or banner advertisements. If you are an
advertiser, you shall take full responsibility for any
advertisements you place on the Site and any services provided
on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you
possess all rights and authority to place advertisements on
the Site, including, but not limited to, intellectual property
rights, publicity rights, and contractual rights.
We simply provide the space to place such advertisements, and we
have no other relationship with advertisers.
14. U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal
Acquisition Regulation (“FAR”) 2.101. If our services are acquired
by or on behalf of any agency not within the Department of Defense
(“DOD”), our services are subject to the terms of these Terms of Use
in accordance with FAR 12.212 (for computer software) and FAR 12.211
(for technical data). If our services are acquired by or on behalf
of any agency within the Department of Defense, our services are
subject to the terms of these Terms of Use in accordance with
Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S.
Government Rights clause is in lieu of, and supersedes, any other
FAR, DFARS, or other clause or provision that addresses government
rights in computer software or technical data under these Terms of
Use.
We reserve the right, but not the obligation, to: (1) monitor the
Site for violations of these Terms of Use; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or
these Terms of Use, including without limitation, reporting such user
to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5) otherwise manage the
Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.
We care about data privacy and security. Please review our
Privacy Policy:
whoshome.app/privacy. By using the Site, you agree to be bound by our Privacy
Policy, which is incorporated into these Terms of Use. Please be
advised the Site is hosted in __________. If you access
the Site from any other region of the world with laws or other
requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
__________, then through your continued use of the Site, you are transferring your data to
__________, and you agree to have your data transferred to and processed
in
__________.
These Terms of Use shall remain in full force and effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on
our Site. We also reserve the right to modify or discontinue all or
part of the Site without notice at any time. We will not be liable to
you or any third party for any modification, price change, suspension,
or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site during any downtime or
discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply
any corrections, updates, or releases in connection therewith.
These Terms shall be governed by and defined following the laws of
__________.
Maxim Vansteenkiste and yourself
irrevocably consent that the courts of
__________
shall have exclusive jurisdiction to resolve any dispute which may
arise in connection with these terms.
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Terms of Use (each "Dispute" and
collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the
Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least
__________
days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other
Party.
Any dispute arising out of or in connection with this contract,
including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause. The number of
arbitrators shall be __________. The seat,
or legal place, of arbitration shall be
__________. The language to be used in the arbitral proceedings shall be
__________. The governing law of the
contract shall be the substantive law of
__________.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there
is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following
Disputes are not subject to the above provisions concerning informal
negotiations and binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
21. CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Site at any time, without prior notice.
22. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of:
(1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach
of your representations and warranties set forth in these Terms of Use;
(5) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful act
toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it.
25. USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular routine
backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Site. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You
hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing at
1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by
telephone at (800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on
the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Terms of Use shall not operate as a waiver
of such right or provision. These Terms of Use operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision
of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and
us as a result of these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the lack of signing by
the parties hereto to execute these Terms of Use.
29. CONTACT US
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
Maxim Vansteenkiste
__________
__________
Belgium
Phone: __________
vsmaxim.dev@gmail.com