1. Definitions and scope
The term “User” refers to any and all users, i.e. any natural or legal person who visits the Service Provider’s website, who downloads and uses files, who registers via any form published on FONTAINE DE MOTS, who subscribes to any of the Service Provider’s services or who enters into a contractual relationship with the Service Provider.
Hereinafter, the Service Provider and the User are collectively referred to as the “Parties” (or individually as the “Party”).
The “website” or “FONTAINE DE MOTS” refers to the Web pages that can be found at the address www.fontainedemots.com
2. Use of the website and its content
By visiting the website, the User accepts that he uses it at his own risk. As all information published on the site is provided “as is”, the Service Provider does not provide any guarantees that the information published is accurate and up to date. The Service Provider undertakes to make every reasonable effort to ensure that the information published on the website is correct and up to date but does not provide any guarantees to that effect.
The Service Provider cannot be held responsible in any way for any disadvantage that may be suffered from the Use of any information published on the website that turns out to be incorrect, incomplete, inaccurate or unclear.
In the context of the User’s access to the website and its content, the User hereby expressly undertakes not to, in any way and by any technical means whatsoever:
a) try to gain access to any parts of the website which are not publicly available online,
b) perform any action that might interfere at any time with the proper functioning of the website;
c) use any (automated) system whatsoever, such as, but not limited to, “robots”, “spiders”, “offline readers”, etc., designed to: (1) cause denial-of-service attacks (including, though not limited to, DoS network, DoS applications, DDoS network, including DrDOS, or DDoS applications); (2) create messages that may influence questions or queries, answers or entries in competitions, votes or any interaction with another user of the website, even in cases where the User replies to a query posted on the website;
d) post, upload, send or transmit by e-mail or any other means content that is illegal, harmful or threatening, qualifies as harassment, or is abusive, defamatory, vulgar, obscene, an invasion of the privacy of others, hateful, racist or reprehensible in any other way;
e) consult, post, upload, send or transmit any content that contravenes international, European, national or regional legislation;
f) try to mislead users by usurping the name or corporate name of other persons;
g) upload, post, send or transmit by e-mail or any other means content of a violent nature, patents, registered trademarks, trade secrets, intellectual property rights or property rights belonging to another person;
h) upload, post or transmit by e-mail or any other means any content that contains computer viruses or any other code, file or program designed to interrupt, destroy, impede, interfere with or limit the functioning of any software, computer, service, server, network or telecommunications tool, without limitation by reason of this enumeration;
i) perform any action that has a disruptive effect hindering other users’ access to the website;
j) refuse to comply with the specific conditions, procedures, general rules or regulatory provisions governing the networks connected to the website.
When accessing the website, the User may be asked to furnish the Service Provider with information. If so, the User agrees to the information being uploaded or personal data arising from the use of the website being collected. The User invariably uses the website at his own risk and on his own responsibility.
In the context of the relationship between the Service Provider and the User, the latter may subscribe or become a member. In that case, the User undertakes to provide accurate, up to date and complete information at the time of registering and to ensure that the information is kept up to date.
The User is granted the right to consult the website and its content in a personal capacity only. In the light of this, the User benefits from a personal, unassignable and non-transferable licence to use the website and its content, which is exclusively limited to the purpose for which it is provided, i.e. a non-collective and non-exclusive right to use the texts published on line, a right of reproduction for storage on a single-user screen, in one single backup copy. The duration of the user licence is limited to the duration of the User’s access to the website.
Furthermore, it is strictly forbidden for the User to:
a) modify, reproduce, copy, borrow, disseminate all or part of this website or its content;
b) produce derivative works based, whether in full or in part, on any of the elements of the website;
c) reverse engineer or disassemble or otherwise attempt to locate the source code of all or part of the website;
d) in any way sub-license or transfer the rights attached to the website and/or its content
or to grant anyone else permission to perform any of the above actions.
4. Intellectual and industrial property rights
The design, content, layout, structure, source codes, programming, images, photographs, information, pieces of information, logos, graphics, brands, models, slogans, software, animations, audiovisual works, texts, data, databases, music and any other elements of the website and, in general, the content and structure of the website are and shall remain the exclusive property of the Service Provider and are protected by various intellectual and/or industrial property rights (such as copyright, trademark law, the sui generis right of the database producer, etc.), which the User recognises and accepts.
Under no circumstances shall the User acquire any of the aforesaid rights or similar rights by virtue of the fact that he browses, consults or registers on the website or downloads files or uses the content of the website in any way whatsoever.
The Service Provider guarantees that the elements the Service Provider puts at the User’s disposal on the site respect the rights of third parties, and, in general, are not illegal.
With the exception of any of the information the browser collects automatically, it is forbidden to store any information and/or element of the website in an (electronic) database.
By posting certain information or certain texts on the website, the User automatically gives the Service Provider exclusive permission, free of charge, to reproduce these elements and to communicate and/or use them in any other way, whether on the website or on any one or more of the Service Provider’s other electronic platforms.
5.1. Responsibility of the User
The User bears full responsibility, including vis-à-vis third parties, for his access to and use of the website, including the downloading of files of whatever nature and by whatever technical means.
Solely the User shall bear the consequences of any damage that may be caused to his computer or for any data that may be lost by downloading information.
5.2. Responsibility of the Service Providers
Advertisements published on the website are always the work of third parties. The Service Provider cannot under any circumstances be held responsible for the legality, accuracy, offer, content, the proper functioning and/or the quality of the goods and/or services offered in the context of these advertisements.
Insofar as possible, the Service Provider aims to run and give Users access to the website uninterruptedly. It will also try to limit any inconveniences caused by technical issues. However, the Service Provider cannot be held responsible for any consequences arising from ill-advised or unauthorised technical interventions designed to infect the website, including viruses.
The Service Provider reserves the right to suspend access to the website to resolve any technical or operational issues, or, in general, to amend or update the website or to perform any essential or useful maintenance, without prior notice.
7. Miscellaneous provisions
7.1. Force majeure
The Service Provider declines any and all liability, at both contractual and extracontractual level, for the non-performance, whether temporary or definitive, of its obligations if this non-performance is the result of an event of force majeure or a fortuitous event.
Events of force majeure or fortuitous events shall in particular include any of the following situations: (1) the loss or complete or partial destruction of the Service Provider’s IT system or database in cases where such events cannot be reasonably attributed to the Service Provider directly and where it has not been demonstrated that the Service Provider failed to take reasonable measures to prevent any one of these events; (2) earthquakes; (3) fire; (4) flooding; (5) epidemics; (6) acts of war or terrorism; (7) strikes, planned or otherwise; (8) lockouts; (9) blockades; (10) insurrections and riots; (11) an interruption in energy supplies (such as power); (12) an Internet outage or malfunction in the data storage system; (13) a fault in the telecommunications network; (14) a loss of Internet connection or connection with the telecommunications network the Service Provider is dependent on; (15) an act or decision by a third party if this decision affects the proper performance of the present contract; or (16) any other event the Service Provider does not reasonably have any control over.
The headings used in these terms and conditions are inserted for reference and convenience only. They shall not in any way affect the meaning or the scope of the provisions they refer to.
7.4. Applicable law and competent jurisdiction
Any disputes relating to the services furnished by the Service Provider, including any disputes relating to the validity, interpretation or performance of these terms and conditions, are governed by Belgian law and shall be exclusively submitted to the courts of the judicial district where the registered office of the Service Provider is located.