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General terms and conditions and privacy
This website (hereinafter the “Website”) is an initiative of Navitell NV, Huzarenstraat 10, 3560 Lummen, Belgi um, VAT BE 0872.882.214, RPR/RPM Hasselt, tel. +32 11 31 32 00, fax +32 11 50 16 10, info@storynations.com (hereinafter the “Website Owner”).
The user of the Website declares to have read and accept the following general terms and conditions :
1. Intellectual and industrial property rights , right of privacy, right of image and other rights
a. Content and presentation of the Website
The Website is an original creation of which the content, lay-out and structure are protected by intellectual property rights and/or other rights. Works on the Website (such as texts, logos, drawings, pictures, images, sounds, audio, video and audiovisual files) are also protected by intellectual property rights and/or other rights.
Works that are offered to be downloaded on the Website (hereinafter “Work(s)”), are offered at the charge indicated on the Website. Upon receipt of the payment for downloading a Work, Navitel grants the user, for the duration of copyright under Belgian on the Work concerned, a limited, worldwide, non-exclusive, non-transferable and non-sublicensable right to use and reproduce it on any device (except on the internet and an intranet accessible to individuals other than the user) for private and non-commercial purposes only and provided that it is used or reproduced only for the purposes for which it was offered on the Website.
Any use and reproduction for non-private and/or commercial purposes or for purposes for which it was not offered on the Website, any communication to the public, arrangement, adaptation, modification, filming, making images, photographs or drawings of, translation, making available, exploitation, distribution, commercializing, possession or offer for commercial purposes, putting into commerce, selling, dissemination, rental, lending, integration in another website or medium, reverse- engineering or disassembling of a Work, in whol e or in part, in any form, in any way and on any medium, without the Website Owner’s prior, written and explicit consent, is prohibited.
b. Works and data that the user provides or uploads to the Website
When a user provides or uploads to the Website any work (such as texts, logos, drawings, pictures, images, sounds, audio, video and audiovisual files (such as on or in which the user himself or any other individuals appear)) or data (such as names and e-mail addresses of himself or other individuals) (hereinafter jointly the “User Work(s)”), then he :
- grants the Website Owner without any charge, for the duration of copyright under Belgian on the User Work, a worldwide, irrevocable, non-exclusive, transferable and sublicensable right to, wholly or partially, in any form, in any way and on any medium (including the Website), separately or in combination with any other works, use, reproduce, communicate to the public, arrange, adapt, modify, film, make images, photographs or drawings of, translate, make available, exploit, distribute, commercialize, possess or offer for commercial purposes, put into commerce, sell, disseminate, rent, lend or integrate in the Website or another website or medium, the User Work, unless explicitly otherwise stated in advance by the Website Owner on the Website; v1 (01/07/2009) 2
- warrants that he is entitled to do so and grant said rights and that the User Work, the provision and uploading thereof and the granting of said rights do not violate any intellectual or industrial property rights, privacy rights, rights of image or any other rights of any third party. If any third party makes a claim or initiates any legal proceedings against the Website Owner in connection herewith because of an alleged violation of any right of that third party, then the u ser will, at his own costs and at the Website Owner’s first request, provide the Website Owner with all possible information, help and assistance (i.a. voluntarily intervening in a negotiation, mediation or proceedings) which enables the Website Owner to optimally defend itself, and integrally compensate the Website Owner for any compensations, fines, costs and other damage (including attorneys and experts fees and costs) in connection with or arising out of such claim or proceedings.
c. Trademarks and names
Trademarks and names mentioned on the Website, such as names of persons, products, authorities, trade names and corporate names, are legally protected.
2. Protection of personal data
In principle, a user can visit the Website without providing any personal data. However, to have access to or perform certain parts of the Websites or a certain activity on or related to the Website, the user has to provide some personal data (such as the user’s e-mail address) or the Website Owner will collect certain el ectronic data (such as the user’s IP address). For instance, this may be the case if a user wishes to register or log in on the Website, download a Work or contact the Website Owner. If these personal data are not provided, then the part of the Website or activity concerned cannot be accessed or performed.
When a user provides personal data on the Website, then he provides his consent to the Website Owner to process these for the purposes mentioned below. If these personal data concern another person than the user, then the user warrants that he is entitled to provide this consent on behalf of that other person.
Personal data provided by the user will be processed for the purposes of, as the case may be, enabling the user to access or use the part of the Website concerned, allowing the user to download and pay for a Work, delivering the requested Work, information, service or activity related to the Website, responding to the user’s contact with the Website Owner or other communications related to the Website, performing the agreement between the Website Owner and the user, statistical analyses and/or keeping the user informed of new initiatives and activities of the Website Owner or of business partners and organizations to which the personal data can be transferred (direct marketing).
The personal data may be transferred to business partners and organizations with which the Website Owner or an entity of the Website Owner’s group co-operates, or in case of a legal obligation or a request from the police or judicial authorities.
The website makes use of “cookies”. Cookies are small electronic files that are placed on the harddisk of the user’s computer. The Website places cookies only for the purposes of carrying out or facilitating the transmission of a c ommunication over an electronic communications network or providing an information society service explicitly requested by the user, such as registering the user’s v1 (01/07/2009) 3 acceptance of the general conditions , registering a user’s language selection during a browser session and registering that the user has performed a payment. The user can install his web browser in such a way that his browser provides information about the reception of a cookie or makes it possible to refuse the placing of a cookie. However, the user should be aware of the fact that, if he refused the placing of cookies, some parts of the Website may not function properly or may be inaccessible or a requested Work, information, service or activity may not be supplied.
The user can exercise his legal right of access, correction and objection against the use for direct marketing by submitting a written, signed and dated request thereto, together with a copy of the recto and verso side of his identity card, to the Website Owner by regular mail to Navitell NV, Huzarenstraat 10, 3560 Lummen, Belgium or by e-mail at info@storynations.com. If the user has an electronic identity card, then also a print-out of the content of the chip or an official certificate of domicile is required.
3. Liability
The Website Owner is not liable for any typing or other error, shortcoming or mistake in connection with the content of the Website. In no case will the Website Owner be liable for any indirect or consequential damage, any damage to any hardware or devices, any loss of data, profit , turn-over, savings , customers or business opportunities, any damage to image or reputation and any moral damage. The Website Owner’s liability related to a downloaded Work is limited to the price paid by the user for that Work and the Website Owner’s total aggregate liability for all Works downloaded by the user is limited to 500,00 EUR.
The user is responsible for the security and making back-ups of a Work that he downloaded from the Website. If any Work that the user downloaded from the Website is damaged or lost, then the user has to again order and pay for the Work.
Only the user is liable for the User Works, his use of the Website and providing or uploading the User Works. The user will not use the Website and User Works in such a way that and will not provide or upload works or data to the Website that may endanger the security or integrity of the Website or the Website Owner’s IT system, that contain viruses, Trojan horses, worms, spyware, malware or the like, or that are harmful, obscene, discriminatory, hateful, racist, defamatory, scandalizing, sly, hurting or otherwise inappropriate, illegal or unlawful (hereinafter “Prohibited Use/Content”). The Website Owner is not obliged to monitor the User Works. However, the Website Owner will at any times be entitled to immediately stop or remove any Prohibited Use/Content without notice to and without any compensation or other redress for the user.
If a third party requests the Website Owner to provide him certain personal data in the Website Owner’s possession, custody or control in connection with an alleged illegal or otherwise unlawful act by the user and/or the Website Owner or an alleged violation by the user and/or the Website Owner regarding (1) any intellectual property right or any other right related to the User Works, (2) Prohibited Use/Content, or (3) a legal or contractual obligation, the Website Owner may provide said personal data to said third party without notice, also if said third party is established outside the European Union.
4. Hyperlinks on/to the Website
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a. To websites of third parties
The Website Owner does not control websites to which hyperlinks are made available on the Website and the Website Owner cannot be held liable for any inappropriate, unlawful or illegal content on those websites or for any hyperlinks available on those websites to other websites. The fact that the Website contains hyperlinks to other websites does not imply an approval or quality guarantee by the Website Owner.
b. To the Website
It is prohibited to place on a website, without the Website Owner’s prior, explicit and written consent, (1) any deeplinks or distribute links to compressed content in .zip or a similar format on the Website, and (2) any framed links or inline links to (any part of) the Website. In any case of linking to (any part of) the Website, the webpage containing the hyperlink has to, if one clicks that hyperlink, disappear completely and the full URL of (the part of) the Website has to be clearly visible in the address bar.
5. Term, termination and modification
This agreement is entered into for an indefinite period. The Website Owner and the user may at any time terminate this agreement without recourse to a court with a reasonable notice period of at least one month.
The Website Owner reserves the right to modify this agreement by a notification on the Website or in an e-mail to the user. The user will be deemed to have accepted such modification, if the Website Owner does not receive within fifteen days after the date of said notification, a notification from the user in which he objects to the modification. If the user does object to the modification within said period, either party will entitled to immediately terminate this agreement without recourse to a court via a notification to the other party.
The notifications which the user wishes to send to the Website Owner under this Article, can be sent by post via a written, signed and dated letter to the Website Owner to Navitell NV, Huzarenstraat 10, 3560 Lummen, Belgium, or by e-mail at info@storynations.com, in each case together with a copy of the recto and verso side of his identity card. If the user has an electronic identity card, then also a print-out of the content of the chip or an official certificate of domicile is required.
Articles 1, 2, 3, 5, 7 and 8 will survive any termination of this agreement.
6. Prices and payment
When the user orders a download of a Work, he authorizes the Website Owner to obtain pre-approval from his credit card issuer and to, either directly or through third parties, make any inquiries that the Website Owner considers necessary to validate the user’s creditworthiness.
Upon the user’s request via e-mail via info@storynations.com with all data required to draw up an invoi ce, the Website Owner will, after receipt of the payment for an order to download a Work, make available to the user an invoice in electronic format .
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If a user orders a Work, he has no right to renounce (Article 80 §4 Act of 14 July 1 991 concerning trade practices and consumer the information and protection).
The user warrants to be entitled to enter into this agreement. If the user is a minor, then he warrants that his parents or legal guardian has consented to him entering into this agreement.
The concluded agreement will be archived and will not be accessible.
The Website Owner may transfer this agreement or any of its rights and obligations under this agreement in whole or in part to any third party without the user’s consent.
If any provision of this agreement is or becomes unlawful, illegal, invalid or unenforceable, then that will not affect the lawfulness, legality, validity and enforceability of any other provision of it.
8. Dispute resolution
This agreement and the use of the Website is exclusively governed by Belgian law. Any dispute related to this agreement or the Website will adjudicated exclusively by the courts of Hasselt, Belgium.
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