Bedingungen und Konditionen
These terms and conditions set forth the legally binding terms for accessing, using and visiting any and all web pages and related services and materials of this website of FOOT4ME.COM. By accessing the website, you unconditionally accept the present Terms and Conditions in their entirety. The present Terms and Conditions constitute the agreement between FOOT4ME and the User.
1.1 Basic rules
The Website contains discussion groups, information groups, forums, communities and/or other messaging or communication systems. You agree to use the Website exclusively to send and/or receive information that is specific or related to the nature of the Website. By using the Website, You agree to respect the following non-exhaustive list of rules:
Not to insult, mistreat, stalk, aggravate or threaten anyone, nor to violate the rights of others (especially the rights of the individual, including the right to a private life,) in any way;
Not to publish, submit, upload to a server, distribute or circulate any topic or element, name or information that is inappropriate, offensive to religious or ethical convictions, racial, libelous, obscene, immoral, unauthorized or that violates any right whatsoever, especially intellectual property rights;
Not to upload files that contain software or other elements that are protected by intellectual property rights, unless You are a holder of the aforementioned rights, exercise legal control over these rights, or have obtained all the required authorizations;
Not to upload files that contain viruses, corrupt files or any other comparable software or programs that can impair the operation of another computer;
Not to participate in pyramid systems or chain letters;
Not to send or post unsolicited messages (‘spam’) to other Members;
Not to download files that were sent by a Member when You know (or should know) that this distribution is illegal or violates its confidential nature;
Not to limit or hinder the normal functioning of the Website;
Not to disclose sensitive information, such as information of racial nature, origin, political or religious beliefs and/or medical data;
You acknowledge that the Website consists of public communication and messages between its Users and that any communication on the Website is not of a private nature. Therefore, You understand and agree that other Users may be able to read Your communication or messages on the Website.
1.3 Use of publicity
Subject to the following conditions, Members are entitled to advertise on the Website.
In addition to the basic rules relating to the use of the Website, publicity sent to other Members should comply with the rules established by the EU Directive 2002/58/EC on privacy and electronic communications, and in particular with the following rules:
Publicity and/or direct marketing should be solicited (opt-in) by Users and may not fall under “spam” messages;
The right to oppose to future publicity should be mentioned and the means to use this right should be accessible, unambiguous and clear;
Without having obtained the prior consent of the person concerned, it is prohibited to provide an e-mail address or the identity of said person to anyone for direct marketing purposes;
It is prohibited to delete or mask the origin or the (initial) author or take any other measure to prevent a party from exercising his right to block the receipt of future publicity;
Communications of a commercial nature should be clearly identifiable as such and should at all times clearly indicate the name of the natural or legal person on whose behalf the communication was sent;
Any promotional offer should be clearly identified as such and the conditions thereof should be presented unambiguously.
1.4 Restriction of access, reporting of irregular use and notice and takedown procedure
If a User fails to comply with these Terms and Conditions, FOOT4ME will, if possible, provide a notification thereof to the User concerned. If the User fails to remedy such breach, FOOT4ME is entitled to temporarily suspend any of its services provided to the User and/or deny or restrict the User’s access to the Website.
In addition, FOOT4ME explicitly retains all rights to report Users to the competent authorities and to provide any information required to comply with all applicable laws or regulations, or to comply with a judicial or administrative order.
In order to enable FOOT4ME to take the required and appropriate measures to restrict access to or to delete any unauthorized or libelous Content, FOOT4ME asks its Users to report any libelous or unauthorized Content that might be accessible on the Website. The Users are requested to use the following e-mail address for this purpose: ‘firstname.lastname@example.org’.
1.5 Unauthorized Use
You may use the Website only on the condition that You guarantee FOOT4ME that You will not use this Website for unauthorized purposes or goals, nor for violating the Terms and Conditions, applicable laws and/or any contractual provision of the Website.
In addition to the basic rules set forth in Article 3.1, and without limitation thereof, it is prohibited to use the services of the Website for any transaction that results in:
Illegal access to the data of connected networks, and/or (un)secured communities;
Damage to the proper operation of the Website or placing at risk the Website’s ability to communicate with other Users, especially by causing a large amount of unjustified traffic;
Damage to or destruction of the integrity of the computer data;
A violation of any intellectual property right.
FOOT4ME exercises no control nor in any way approves the user-generated Content including the messages or the information that is posted on and/or used in the Website, and consequently FOOT4ME specifically refuses to accept any liability concerning the user- generated Content or any legal claim that results from Your or another User’s participation in any community on the Website.
In addition thereto, FOOT4ME make no statement concerning the appropriateness, reliability, suitability, usefulness and/or exactness of the Content, software, products, services and associated graphics and elements that this Website contains, regardless of its use. FOOT4ME is neither responsible nor liable for any errors or omissions, or for the results obtained from the use of this Content. The information, products and services included in this Website can contain technical and content-related inaccuracies or typing errors. This Content is subject to periodic change and FOOT4ME can make improvements and/or changes to this Website at any time.
Under no circumstances shall FOOT4ME, its related partners or corporations, managing directors, principals, agents or employees be responsible or liable to You or anyone else for any decision made or action taken in reliance upon the Content of the Website or for any direct, indirect, incidental, special or general, consequential or other damages whatsoever, even if advised of the possibility of such damages. With the exception of direct damages resulting from gross negligence or willful misconduct, FOOT4ME and/or its suppliers will not be held liable for direct damages, incidents, sanctions in the form of damages awarded, collateral damage, extraordinary damage, indirect damage or any other type of damage, whether material or immaterial, especially for damages resulting from a loss of use, of data or a loss of profits resulting from or related to the use or the operation of this Website, the delay related to the use of this Website or the impossibility to use it, the delivery or the lack of delivery of services, or for damages related to any form of information, software, products, services and associated graphics elements that were obtained via this Website or that are the result of the use of this Website, regardless of whether it concerns contractual liability, liability due to an unlawful act or quasi-unlawful act, or whether this liability is based on a liability without fault or other, even if the Website or one of its suppliers would have been informed of the possibility of such damages.
3.1 Processing of personal data
In principle, Users who are not Members are free to visit parts of the Website without being obliged to provide any of their personal data. However, in order to use certain benefits (search engine) and communicate with other Users, Users are sometimes required to provide certain personal data in order to become Members. Further information regarding the different types of personal data that are required is provided on the Website.
Any personal data communicated to FOOT4ME is processed and used by FOOT4ME, 8 rue Pirette 4602 Cheratte (Belgium), who will, if applicable, act as the data controller within the meaning of the Belgian Act of 8 December 1992 on the protection of private life and processing of personal data (the “Data Protection Act”). Such personal data are processed and used by FOOT4ME or any of its affiliates in accordance with the Data Protection Act. FOOT4ME or any of its affiliates will process the personal data for the following purposes: the promotion of FOOT4ME’s activities (direct marketing), the promotion of products and services of partners of FOOT4ME (direct marketing), management of Members (client management), market research and for the performance of agreements FOOT4ME has entered into. The User hereby gives his free and informed consent to FOOT4ME to process and use any personal data communicated by him to FOOT4ME for the purposes set out above.
Any User, properly establishing his identity by providing a recto verso copy of his identity card, may, without any charge and by means of signed, dated and written document, request FOOT4ME to communicate all personal data related to him and may require FOOT4ME to rectify the data which would be inaccurate or incomplete. Under the same conditions, any User may ask FOOT4ME not to process these data for direct marketing purposes. 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 to exercise these rights.
The User acknowledges and guarantees to FOOT4ME that he has obtained the undisputed, free and prior consent of any and all persons of which he as communicated personal data to FOOT4ME. Such persons will be fully informed by the user of all possible and eventual use and conditions of use of such data by FOOT4ME, their right to ask FOOT4ME to communicate the personal data in its possession, their right to ask FOOT4ME to rectify data which are inaccurate, incomplete or wrong, after properly establishing their identity by providing a recto verso copy of their identity, the coordinates of FOOT4ME, the categories of recipients of these personal data, the right to oppose themselves, on demand and without any charge, against the processing and/or use of these data for direct marketing purposes. The User acknowledges and guarantees to FOOT4ME that any data communicated to FOOT4ME are correct and accurate at all times.
3.2 Disclosure of personally identifiable information with third parties
FOOT4ME will not share any personally identifiable information with any third party for any purpose other than those defined in the Terms and Conditions. However, FOOT4ME may disclose Your personally identifiable information in the following circumstances:
1) Sometimes carefully selected third parties are used to provide FOOT4ME with support services in connection with its Website and such parties may, from time to time, have access to Your information to enable them to provide those services to FOOT4ME. In such event, FOOT4ME shall use its best efforts to ensure that such third party processes the data under similar conditions and complies with the legal requirements governing the processing of personal data;
2) When FOOT4ME has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to You, or otherwise injuring or interfering with FOOT4ME ‘s rights, property or operations, other Users of this site, or anyone else who could be harmed by such activities; or
3) When FOOT4ME believes the law requires it, or in response to any demand by law enforcement authorities in connection with a criminal investigation, or civil or administrative authorities in connection with a pending civil case or administrative investigation.
4) As permitted by You in Your publishing settings and through Your interactions and communication through the Website.
You acknowledge and agree that FOOT4ME is entitled to transfer personal data to third parties, such as its partners and processors, who are located in other countries outside of the European Union. FOOT4ME will see to it that such third parties will provide an adequate level of protection when processing Your personal data in accordance with the Privacy Act.
FOOT4ME’s Website is about sharing information with others while providing You with privacy settings that restrict other Users from accessing Your information. The Website’s network architecture and Your publishing settings allow You to make informed choices about who has access to Your information. FOOT4ME does not provide contact information to third-party marketers without Your permission.
When You use the Website, certain information You post or share with third parties (e.g. a friend or someone in Your network), such as personal information, comments, messages, photos, videos or other information, may be shared with other Users in accordance with the publishing settings You select and may therefore become publicly available. All such sharing of information is done at Your own risk.
FOOT4ME will not be held liable for any processing of personal data carried out by a User. Such processing of personal data will be carried out under the responsibility of that User, who will, as the case may be, act as the data controller within the meaning of the Privacy Act.
3.3 Non-personally identifiable information
FOOT4ME also collects and processes non-personally identifiable information in aggregate form to track data and for statistic purposes (the total number of visits to the Website). FOOT4ME uses this information, which remains in aggregate form, to understand how Users use the Website so that FOOT4ME may improve it and the services which are offered.
FOOT4ME logs the User’s Internet Protocol (IP) address but shall not link IP addresses to any personally identifiable information. IP addresses of Users are used for systems administration purposes only. FOOT4ME shall use such data in order to establish internal statistics and to improve the quality of the services delivered to the User. In practice, this means that the User’s session will be tracked, but the User will not be identified. However, FOOT4ME may use IP addresses to identify Users when it is necessary to enforce compliance with any legal obligation, the Terms and Conditions, or to protect the Website and/or other Users.
An (IP) address is a set of numbers that is automatically assigned to Your computer whenever You log on to Your Internet service provider or through Your organization’s local area network (LAN) or wide area network (WAN). Web servers automatically identify Your computer by the IP address assigned to it during Your session online.
The Website makes use of “cookies”. Cookies are small electronic files that are placed on the hard disk of the user’s computer. The Website places cookies only for the purposes of carrying out or facilitating the transmission of a communication over an electronic communications network or providing an information society service explicitly requested by the User, such as registering the User’s 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 the requested information, service or activity may not be supplied. By explicitly accepting cookies or by enabling Your Internet browser to accept cookies, You have given Your explicit and prior consent for the installation of Internet cookies on Your computer.
5. Security and confidentiality
5.1 Password and access code
Any Member agrees to respect the secret and confidential character of his or her password and access code. The Member is fully responsible for each use of these identification elements. In the event of loss, theft or fraudulent use of one of these elements, the Member is obliged to inform the Website in writing as soon as possible.
5.2 On-line communication
Messages that You send to or through the Website by e-mail may not be secure. FOOT4ME recommends that You do not send any confidential information by e-mail. If You choose to send any messages via e-mail, You accept the risk that they may be intercepted, misused or modified by a third party.
5.3 Security of the Website
FOOT4ME uses best efforts to secure the Website. To that end, FOOT4ME operates a secure data network that is protected by industry standard firewalls and password protection. FOOT4ME has also implemented security measures to protect against the loss, misuse and alteration of Your User data under our control.
6. Intellectual property rights
6.1 Legal protection of the Website
Any and all elements of the Content (such as but not limited to texts, layouts, illustrations, pictures, functionalities) and the Website itself are, among others, protected by national and international rules governing intellectual property rights which include, but are not limited to, copyright, as protected a.o. by the Belgian law dated 30 June 1994 concerning the legal protection of copyright and neighboring rights (the “Belgian Copyright Act”), database rights and trademarks. Any reproduction, copy, adaptation, translation, modification, alteration, edition and/or diffusion of all, or a part, of the Website, whatever the form and whatever the means, electronic and/or mechanic, is strictly prohibited without the prior written consent of the right holder(s). Any violation of right holder’s rights may lead to civil and/or criminal proceedings.
6.2 Legal protection of FOOT4ME’s database
FOOT4ME has made a substantial investment in creating and producing the FOOT4ME database. FOOT4ME’s database is an original database integrating independent data in a systematic an original way, the creation of which has entailed a substantial investment.
FOOT4ME’s database is, among others, protected by national and international rules governing author’s rights, including the Belgian Copyright Act. Any reproduction, copy, adaptation, translation, modification, alteration, edition and/or diffusion of all, or a part, of FOOT4ME’s database, whatever the form and whatever the means, electronic and/or mechanic, is strictly prohibited without the prior written consent of FOOT4ME.
Furthermore, the content of FOOT4ME ‘s database is protected by the Belgian Act of 31 August 1998 on the legal protection of the databases implementing the directive 96/9/EC of the European Parliament and of the Council of 11 March 1996. According to these legal provisions, FOOT4ME may prevent extraction and/or reutilization of the whole or of a substantial part of the contents of FOOT4ME ‘s database and may specify to lawful users which parts of FOOT4ME database such lawful users are authorized to extract and/or re-utilize. Lawful users of FOOT4ME’s database may not undertake any action which conflicts with the normal use of the database or which would cause unreasonable prejudice to the legitimate interests of FOOT4ME.
Violation of FOOT4ME’s copyright and/or database rights may lead to civil and/or criminal proceedings.
6.3 Legal protection of the Content
When the User provides or uploads Content (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)) to the Website or data (such as names and e-mail addresses of himself or other individuals), then he:
grants to FOOT4ME, without any charge and for the duration of copyright under Belgian law, a worldwide, irrevocable, non-exclusive, transferable and sub-licensable 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 and/or integrate in the Website or another website or medium, the Content. To the extent permitted by law, the User refrains from exercising his moral rights against FOOT4ME for the Content he has uploaded to the Website;
warrants that he is entitled to do so and grant said rights and that the Content, 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 FOOT4ME in connection herewith because of an alleged violation of any right of that third party, then the User will, at his own costs and at the FOOT4ME’s first request, provide FOOT4ME with all possible information, help and assistance (i.e. voluntarily intervening in a negotiation, mediation or proceedings) which enables FOOT4ME to optimally defend itself, and integrally compensate FOOT4ME 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.
7. Duration and Termination
7.1.1 For Users and Members
This Agreement is valid for an indefinite period.
FOOT4ME may terminate this Agreement by e-mail notification, without any prior recourse to the court and without any further notice, if;
The User materially and/or repeatedly fails to perform any of its obligations under this Agreement;
The User defaults in the timely payment of any amount due to FOOT4ME pursuant to this Agreement, and does not cure such default within ten days after being given written notice by FOOT4ME.
Termination of this Agreement pursuant to Article above, will not affect any licenses granted by the User pursuant to Article.
8.1 Changes to the Terms and Conditions
FOOT4ME preserves the right to adapt and amend all Terms and Conditions of access and/or use of its website and the User obliges himself to consult any and all Terms and Conditions, mentioned above, before each use of the website. Any access and/or use of the Website imply the agreement of the User on the content of any and all Terms and Conditions in force at the moment of access and/or use.
8.2 No waiver
The failure of the Website to exercise or enforce any right or provision of the Terms and Conditions shall not operate as a waiver of such right or provision.
8.3 Suspension and/or removal of Content
With a view to improving or maintaining quality of the Website, FOOT4ME may, without notice, suspend access to this Website in whole or in part, or temporarily or permanently suspend or remove some Content. Under no circumstances will such suspension or removal result in any compensation.
In case a provision or a condition provided in these Terms and Conditions becomes, for whatever reason, invalid or unenforceable, this will not affect the validity and enforceability of the other provisions of the Terms and Conditions. The User accepts that a similar condition will apply, that is as close as possible with the purpose and consequences of the invalid or unenforceable provision.
8.5 Governing law and jurisdiction
Any dispute relating to or resulting from, directly and/or indirectly, the use of, the (lack of) access to, the visit of and the (illegal or prohibited) use of the Website are governed solely by Belgian law. The Courts of Liège shall have exclusive jurisdiction over any dispute relating thereto, without prejudice to FOOT4ME’s right of making choice of any other court having jurisdiction on such a dispute under any applicable law.
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.