General conditions of use of this website
1. Definitions and application
The “Website” is the website available at the following address: www.resizetheday.com The Website is administered and managed by Resize the Day sprl located at allées de Provence 6, 1140 Evere, which can be contacted at 02/245.08.48 and at the following email address: email@example.com, registered with the ECB under number: 847.991.321, (hereinafter referred to as “the provider”). The term “User” refers to any user, i.e. any natural or legal person, registered or not on the Website, who consults the Website or its contents, who downloads files, uses them, registers via any form available on the Website, becomes a member, subscribes or contracts with the Provider. The Provider and the user are hereinafter referred to as “the parties”. By surfing the Website, reading documents, downloading files, consulting and/or using them in any way, registering via any form available on the Website, becoming a member, subscribing or entering into a contract with the provider, the user formally, unconditionally and without any reservation whatsoever, agrees to these general terms and conditions and undertakes to respect them. These terms and conditions are applicable to all information consultations, orders, subscriptions and contracts binding the parties. In addition, these general conditions exclude all other general conditions and replace them. The Provider reserves the right to modify these general terms and conditions at any time, without prior notice. Such changes shall apply immediately to any use of the Website. The additional rules and guidelines shall be deemed to be an integral part of these general terms and conditions. The user is therefore advised to refer regularly to the latest version of these terms and conditions, which are permanently available at the following address: www.resizetheday.com/en/general-conditions-of-use-of-the-website/
2. Access to and use of the Website and its contents
The Website can be consulted by computers on which current software is installed (browser, operating system, etc.). The provider does not guarantee any compatibility and cannot be held responsible if the user is unable to consult and/or use all or part of the Website or its content, for whatever reason. Consequently, it is up to the user to equip himself with the necessary computer resources, and possibly human resources, to ensure his connectivity with the Website. In the context of the user’s access to the Website or its contents, the user is expressly prohibited, in any way whatsoever and regardless of the technical means used, from:
- attempting to gain access to parts of the Website that are not publicly available online;
- do any act that could at any time jeopardise the proper functioning of the Website in any way;
- use any (automatic) system, such as, but not limited to, robots, spiders, off-line readers, etc, (1) to create denial of service attacks (including, but not limited to, network DoS, application DoS, network DDoS, including DrDOS, or application DDoS); (2) to influence questions and requests, contest responses and entries, voting, or any interaction with another user of the Website, even if the user is responding to a request on the Website (e.g., a contest entry);
- post, upload, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, abusive, libelous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racist or otherwise objectionable;
- access, post, upload, post or transmit any content that is contrary to applicable international law;
- attempt to mislead other users by impersonating the name or company name of others;
- upload, post, email, transmit or otherwise make available any infringing material, patent, trademark, trade secret, intellectual property right or other proprietary right of any party;
- upload, post, email or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, interfere with, disrupt or limit the functionality of any computer software, computer, service, server, network or telecommunications equipment without limitation;
- commit any action that has a disruptive effect on the ability of other users to access the Website;
- refuse to comply with any requirements, procedures, general rules or regulations applicable to networks connected to the Website;
- harass in any way one or more other users of the Website or its contents;
- collect and store personal data about other users.
The user is only granted the right to consult the Website and its contents on a personal basis. As such, the user is granted a personal, non-assignable, non-transferable licence to use the Website and its contents, limited exclusively to personal use. The duration of the user licence is limited to the duration of the user’s access to the Website. Any commercial use of the Website is strictly prohibited. The term “commercial use” refers to, but is not limited to, any sale or rental of the various features of the Website, recordings of all or part of the content available on the Website, or any use of the Website and its components for the sole purpose of generating revenue. It is also strictly forbidden for the user, who may not otherwise grant permission to others, to:
- modify, reproduce, copy, borrow, distribute all or part of the Website or its contents;
- create derivative works based in whole or in part on the materials on the Website;
- reverse engineer or assemble or otherwise attempt to discover the source code of all or part of the Website;
- create a hypertext link to or from the Website without the express prior consent of the Provider;
- sub-license or otherwise transfer any rights in the Website and/or its contents, including but not limited to any rights in the software.
4. Intellectual and industrial property
The concept, content, layout, structure, source codes, programming, images, photos, information, data elements, logos, drawings, trademarks, models, slogans, software, animations, audiovisual works, texts, data, databases, music and all other elements of the Website and, in general, the content as well as the structure of the Website, belong to, are and remain the exclusive property of the Provider, and are protected by various intellectual and/or industrial property rights (including copyright, trademark law, the sui generis right of the database producer, etc.), which the user acknowledges. ), which the user acknowledges and accepts. By surfing on the Website or by consulting it, by registering, by becoming a member, by downloading the files, or by using the content of the Website, in any way whatsoever, the user does not become the owner of any of the rights referred to above or of similar rights. The Provider guarantees that the elements present on the Website and made available to the user by the Provider alone respect the rights of third parties, and in general are not illicit. The storage of any information and/or elements of the Website in an (electronic) database is not permitted, with the exception of the automatic retrieval of information by the browser. By placing certain data, texts, images and/or any other elements online, the user automatically grants the Provider exclusive permission, free of charge, to reproduce these elements, to communicate them and/or to use them in any other way, both on the Website and in one or more magazines or products published by the Provider.
Responsibility of the user The consultation and use of the website, as well as the downloading of files, of any kind and with any technical means, from the website and its contents, always take place under the responsibility of the user, including vis-à-vis third parties. Each user is responsible for his or her own registration and/or membership, as well as for any abuse or damage resulting from this. The provider cannot be held responsible for any misuse of the registration or membership, login and/or password. The user also agrees to be liable to any person, and in particular to the persons represented, in any manner whatsoever, for any content that the user publishes either on the Website or through the Website. The Website may contain links to other websites over which the Provider has no technical or content control. The user remains solely responsible for the decision to activate these links. The provider therefore does not guarantee the accuracy and completeness of the content, access and availability of these other websites, the external links to which they refer, or the consequences that may result from consulting and/or using these websites in any way whatsoever. It is therefore up to the user to decide for him/herself whether to visit these sites. Responsibility of the provider The provider is bound by an obligation of means. The Provider shall not be held liable for any direct or indirect damage that the user may suffer as a result of using the Website, the sites linked to it and/or the content made available to him. The Provider makes every effort to ensure that the data and documents that form part of the Website are complete, accurate and up-to-date. Errors and/or omissions and/or outdated data can never be excluded and the Provider therefore gives no guarantee in this respect. The Provider is also only liable for his wilful misconduct or gross negligence. The Contractor shall not be liable for the wilful misconduct or gross negligence of his employees, principals and, as a rule, his agents. The Provider shall make every effort to ensure that the Website remains accessible at all times for a normal number of users, but shall not be held liable for any direct or indirect damage resulting from a change, suspension or interruption of access to the Website, for whatever reason. The Provider is also not responsible for contacts and relationships between users of the Website. Furthermore, the Provider does not guarantee the compatibility of the files that are part of, or appear on, the Website with the User’s equipment, nor the accessibility of these elements. The user shall also hold the Provider harmless from any claim in any of the following cases:
- loss of opportunity or revenue of any kind arising out of the operation or non-operation, or use or non-use, of the Website, or the content thereon or to be found thereon;
- illegal or unauthorised intrusion by any third party into the web server or the Provider’s Website;
- introduction of a computer virus into the web server or the Website;
- temporary bandwidth congestion;
- interruption of the internet connection service due to a cause beyond the control of the provider.
- the restrictions and risks associated with the use of the internet or any other means by which the Website is currently or in the future made available;
- the risks of storing and transmitting information by electronic or digital means;
- the fact that the Provider cannot be held liable for any damage caused by the use of the Website (and all or part of its content) or the internet as a result of the above risks;
- the fact that the electronic communications exchanged and the backups made by the provider can be used as evidence.
6. Miscellaneous provisions
Force majeure The service provider cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when this non-performance is the result of force majeure or fortuitous events. The following events in particular shall be considered as force majeure or fortuitous events (1) the total or partial loss or destruction of the Provider’s computer system or its database where either of these events cannot reasonably be attributed directly to the Provider and it is not shown that the Provider failed to take reasonable steps to prevent either of these events; (2) earthquakes; (3) fires; (4) floods; (5) epidemics; (6) acts of war or terrorism; (7) strikes, whether declared or not; (8) lockouts (9) blockades; (10) insurrections and riots; (11) a breakdown in the supply of energy (such as electricity); (12) a failure of the Internet or data storage system; (13) a failure of the telecommunications network; (14) a loss of connectivity to the Internet or telecommunications network on which the Provider is dependent; (15) an act or decision of a third party where that decision affects the proper performance of this Agreement; or (16) any other cause beyond the reasonable control of the Provider. If, due to circumstances beyond the Provider’s control, the performance of his obligations cannot be continued or is simply made more onerous or difficult, the Provider and the User shall undertake to negotiate in good faith and in good faith an adjustment of the contractual conditions within a reasonable period of time with a view to restoring the balance. If no agreement is reached within a reasonable period of time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind. Illegality The possible illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the remaining articles, paragraphs or provisions of these general terms and conditions, nor the remainder of that article, paragraph or provision, unless the contrary intention is evident from the text. If any part of these General Terms and Conditions is found to be invalid in its entirety, the Provider shall replace it with a provision that comes as close as possible to the economic effect of the provision declared invalid. Titles The headings used in these terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they refer to. Full and complete agreement These terms and conditions and any agreement (including a subscription agreement), where applicable, represent the whole and entire agreement between the parties. No statement, representation, promise or condition not contained in these terms and conditions can or shall be deemed to contradict, modify or otherwise affect the terms of these terms and conditions. In addition, these terms and conditions and any agreement (including a subscription agreement), where applicable, supersede any previous agreement between the parties and apply to any new agreement. Litigation Any dispute relating to the services provided by the service provider, as well as any dispute relating to the validity, interpretation or execution of these general terms and conditions, shall be subject to Belgian law and to the exclusive jurisdiction of the courts of the judicial district of Brussels.