​GENERAL CONDITIONS OF USE OF THE WEBSITE

Version of 09/09/2019

Definitions & Application

The "Website" is the website available at the following address: "https://smurfs-society.bruxsls.art/".
The website is administered and managed by ARTECOM SRL, whose registered office is located at 43 rue du Trichon in 5030 Gembloux, registered in the Register of Legal Company under number 0446.669.756, represented by Vincent Parissis acting as manager (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 content, 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 contracting 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 between the parties. In addition, these general terms and conditions exclude all other general terms and conditions and replace them.
The Provider reserves the right to change these terms and conditions at any time without prior notice. Such changes shall apply immediately to any use of the website.
Additional rules and guidelines shall be deemed to be an integral part of these terms and conditions. The user is therefore advised to regularly refer to the latest version of these terms and conditions, which are permanently available at the following address: https://www.artoncars.eu/.

Access & 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 cannot 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 content, the user expressly refrains, in any way whatsoever and whatever the technical means used, from :

• attempt to gain access to parts of the website that are not publicly available online;
• do any act that may, at any time, impair 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) denial of service attacks (including, but not limited to, network DoS, application DoS, network DDoS, including DrDOS, or application DDoS); (2) messages that influence questions and requests, contest responses and entries, voting, or any interaction with another user of the Website, even when the user is responding to a request made on the Website (e.g., a contest entry);
• post, upload, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racist, or otherwise objectionable;
• consult, post, download, send or transmit any content that is contrary to the international laws in force;
• attempt to mislead other users by impersonating the name or company name of others;
• upload, post, email or otherwise transmit any infringing content, patent, trademark, trade secret, intellectual property right or other proprietary right belonging to others;
• upload, post, e-mail 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;
• 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 content;
• collect and store personal data about other users.

The user undertakes to take all reasonable and necessary precautions to prevent his equipment or data from being affected by viruses, bugs, Trojan horses, or any other malicious computer programs of any kind.
In order to access or use certain parts of the Website, the user may be required to register or become a member. In this case, when registering, the user undertakes to provide accurate, up-to-date and complete data and to ensure that it is regularly updated. Otherwise, the Provider shall be entitled to suspend or terminate the user's account, or to deny the user access to all or part of the Website or its content.
Where applicable, the user undertakes to keep his login and password secret and not to share them with third parties. The user remains solely responsible for the confidentiality of his/her password and for any use that may occur without his/her knowledge. In case of doubt about the confidentiality of the password, it is up to the user to change it immediately or to notify the provider in writing as soon as possible.
The user accepts that the functionalities offered through the Website may change. Thus, some will be removed and others added, without the user being able to consider that access to a particular feature constitutes a vested right. Likewise, the Provider will decide whether to include or remove any content presented on the Website.
The Provider reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of the access to the Website without having to inform the users in advance.
This will be the case, for example, in the event of maintenance of the Website or significant changes to the content and/or functionality offered.
This shall also apply if the Provider has reason to believe that the User has violated or acted inconsistently with these General Terms and Conditions or any other legal provisions in force at the time of the violation.

License

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 content;
• create derivative works based in whole or in part on the material on the Website;
• reverse engineer or assemble or otherwise attempt to discover the source code of any part of the Website;
• create a hypertext link to or from the Website without the prior and express consent of the provider;
• sub-license or transfer in any manner whatsoever any rights in the Website and/or its contents, including but not limited to any rights in the software.

Intellectual & 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 or consulting the Website, registering, becoming a member, downloading the files, or using the content of the Website in any way, the user does not become the owner of any of the rights referred to above or of the assimilated 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 are not unlawful in general.
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 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.

Responsibilities

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 with regard to 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 it. The provider cannot be held responsible for any misuse of the registration or membership, login and/or password.
The user also agrees to be responsible to any person, and in particular to the persons represented, in any way 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 determine for himself whether it is appropriate to visit these sites.
If the user places a message of any kind or any other form of information, data and/or opinion on the Website, the user undertakes to use only information (images, photos) that does not conflict with the intellectual and/or industrial rights of third parties (copyright, image rights, etc.), nor with standards and good morals, nor with any legal provision. In this respect, the user expressly guarantees the provider against any complaint or action brought by third parties based on the content he has placed on the Website.

Responsibility of the provider

The provider is bound by an obligation of means. The provider shall in no case be held responsible for any direct or indirect damage that the user may incur when using the Website, the sites linked to it, and/or the content made available to it.
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.
Similarly, the service provider is only liable for his wilful misconduct or gross negligence. He shall not be liable for the wilful misconduct or gross negligence of his employees, principals and, as a rule, of his agents.
The Provider shall use its best efforts to ensure that the Website remains accessible to a normal number of users at all times, but shall not be liable for any direct or indirect damage arising from any modification, 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 against 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 user acknowledges and accepts : 

• 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 electronically or digitally;
• the fact that the Provider cannot be held responsible for any damage caused by the use of the Website (as well as all or part of its content) or the Internet, as a result of the aforementioned risks;
• the fact that the electronic communications exchanged and the backups carried out by the service provider can be used as evidence.

Although the Provider makes every effort to keep the Website free of bugs, viruses, trojan horses and spyware, these cannot be excluded. The provider cannot be held responsible for any damage and/or loss that may result from this, in particular with regard to users' data. Users are therefore strongly advised to install the necessary firewalls, anti-virus software and other protective software to prevent damage to their computers and to be cautious about the communication of personal data.
With regard to messages from third parties, the provider cannot be held responsible in any way for any damage resulting from them, nor for any errors in their content. All texts, data, photos, videos, messages or other materials placed in these messages are the sole responsibility of the person who posted them.
Advertisements that are placed on the Website are always the task of third parties. The Provider can in no way be held responsible for the legality, accuracy, offer, content, proper functioning and/or quality of the goods and/or services offered in these advertisements.

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 unforeseen circumstances.
In particular, the following events shall be considered as force majeure or fortuitous events (1) the total or partial loss or destruction of the Provider's computer system or database where any 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 any 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 control of the service provider, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the service provider and the user 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 other articles, paragraphs or provisions of these general 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 completely invalid, 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 contract (including a subscription contract), 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 admitted to contradict, modify or affect in any way the terms of these terms and conditions.
In addition, these general terms and conditions and any contract (including a subscription contract), where applicable, supersede any previous agreement between the parties and apply to any new agreement.
Applicable law and jurisdiction
This agreement is subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, performance or termination of this agreement, the parties undertake to have recourse to mediation prior to any other method of dispute resolution.
The parties shall therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III), 1000 Brussels - https://www.cfm-fbc.be/fr) by mutual agreement or shall instruct a third party to make the appointment.
Once the mediator has been appointed, the parties, with the help of the mediator, define among themselves how the mediation is to be organised and the duration of the process.
Either party may terminate the mediation at any time without prejudice.
If mediation fails, only the courts of the judicial district of Brussels shall be competent.