TERMS OF SERVICE Last Revised: 25/3/2020
The following terms and conditions (the “Terms of Service” or “Agreement”) constitute an agreement between you, whether as a visitor or a registered user (“User”, “you” or “your”) and Tripendy BVBA, and its affiliates, successors and assigns (“Tripendy”, “us”, “our” or ‘we”), in our capacity of, operator of the www.tripendy.com website (the “Site”), the Tripendy blog, newsletter, email notifications or any related applications provided by us (collectively, the “Services”), regarding your use of the Tripendy Site and/or Services.
Modifications to the Terms of Service
Tripendy, in its sole and absolute discretion, may make any changes or modifications to the Site or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon publication on the Site. You acknowledge and agree that (i) Tripendy may, but is not obliged to, notify you of such changes or modifications by publishing them on the Site and (ii) your use of this Site or the Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, Tripendy may, but is not obliged to, occasionally notify you of upcoming changes or modifications to this Agreement by email. We therefore recommend that you keep your account information including, but not limited to, your email address, updated.
The Tripendy Site functions as a venue to connect Users in a virtual information place with a focus on the CULTURAL & CREATIVE SECTOR (CCS) and allows Users to present themselves and their activities with a view to make them more VISIBLE AND ACCESSIBLE.
Representatives of Users that are legal entities must certify that they have all the rights required to act on behalf of the legal entity they represent. Users must be at least 18 years to use the Site and Services. By using the Site and Services, and accepting the Agreement, Users warrant and represent that they are at least 18 years. Users are solely responsible for all the activity on their account, and for keeping their password confidential. Users must notify Tripendy immediately in writing if they become aware of any unauthorized use of their account or password.
Users are solely responsible for any activity on their account which is due to any failure to keep their password confidential and may be held liable for any damages caused to the Site by such failure.
Tripendy has the right to disable the account and password of Users at any time at its own discretion with or without notice or explanation.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your User information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
We may ask you to provide certain personal information to us by completing a registration form before allowing you to use certain Services. You agree to provide accurate, updated and complete information about yourself and/or your organization as requested by us and to promptly update this information to maintain its accuracy.
Your Use of the Site and Services
Users can submit, from time to time, certain content for publication on the Site, such as texts, images, audiovisual material, information, emails and web pages. In addition to this, some of the features of this Site or Services may allow Users to view, post, publish or share their ideas, opinions, preferences or feedback (e.g., through a "like" or "comment" function). Such User Content may be subject to the prior approval of Tripendy. Tripendy shall be entitled to ask Users for further information and/or reject the User Content at its own discretion and without explanation to Users.
You acknowledge and agree that your use of the Site and the Services including any User Content you submit, will comply with the terms of this Agreement and all applicable laws and regulations. You will not impersonate another person or entity, or collect or mine (or permit anyone else to collect or mine) any User Content (as defined below) or any non-public and/or personal data about other Users, without their express prior written consent.
You will not use this Site or the Services in any manner (as determined by Tripendy in its sole and absolute discretion), that is illegal, defamatory, harassing, abusive, violates any rights of any third parties, or that is otherwise objectionable.
You will not use this Site or the Services for any form of hate speech. You will not use this Site or the Services: (i) to send spam or other unsolicited bulk email to third parties; (ii) for computer or network hacking or cracking; (iii) to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site or the Services.
You will not access Tripendy Content (as defined below) or User Content through any technology or means other than through the Site, or as Tripendy may designate. You will not use this Site or the Services or parts thereof found at this Site, for any commercial use without Tripendy’s express prior written consent.
Intellectual Property - Tripendy Content
The intellectual property rights in relation to the Site and the Services, including without limitation, texts (such as the articles found on the Tripendy blog or in the Tripendy newsletter), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ( all together referred to as “Tripendy Content”), are owned by or licensed to Tripendy.
Tripendy Content is provided to you for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Tripendy. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Tripendy reserves all rights not expressly granted hereunder.
You shall only use the Tripendy Content in accordance with the terms of this Agreement.
Our use of User Content
By posting or publishing User Content on this Site or in relation to the Services, you represent and warrant to Tripendy that:
(i) you have all necessary rights to reproduce, communicate to the public and distribute User Content on the Site and/or in relation to the Services, and
ii) you do not violate the rights of any third party in any way.
You shall be solely liable for any and all of your User Content and the reproduction, communication and/or distribution thereof.
Users agree to unconditionally and irrevocably indemnity and hold Tripendy as well as other Users of the Site and Services harmless from any costs, loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Users' breach of or failure to comply with this Agreement, any use Users provide in connection with the Tripendy Platform, including the violation of any law or regulation by Users or on their behalf. Tripendy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, in which event the concerned User will fully cooperate at its own costs and expenses with Tripendy in connection therewith.
Tripendy has no obligation, either express or implied, to treat your User Content as confidential, to develop or use your User Content and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Content.
You hereby grant Tripendy a worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers), and transferable license to use, reproduce, communicate to the public, distribute, prepare derivative works of, combine with other works, display, and perform any and all of your User Content and/or parts thereof in connection with the Site and Tripendy’s business, including without limitation for promoting all or part of the Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
The above license shall remain valid for a period of up to two month after the termination of the Agreement in order to allow Tripendy to take all necessary measures to remove all content from the relevant accounts, after the license will be terminated.
You understand and agree, however, that Tripendy may retain (but not distribute, communicate to the public, display, or perform) server copies of your User Content that have been removed or deleted.
Our Monitoring of User Content
Tripendy reserves the right, but has no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. Tripendy may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Tripendy in its sole and absolute discretion), at any time and without prior notice. If Tripendy terminates your access to this Site or the Services found at this Site, Tripendy may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Links to Third-Party Websites
This Site and the Services may contain links to third-party websites that are not owned or controlled by Tripendy. These links are provided solely as a convenience to you and do not constitute an endorsement by Tripendy of the content on such websites nor of the business practices of those operating those websites. Tripendy has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites.
In addition, Tripendy does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Tripendy from any and all liability arising from your use of any third-party website. Accordingly, Tripendy encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
To the maximum extent permitted by law, you agree to indemnify and hold harmless Tripendy its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to these Terms or your use of the Services.
Tripendy reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Disclaimer of Warranties and Limitation of Liability
Your access to and use of these Services is at your sole risk. If you are dissatisfied with any of the materials contained on the Site or in the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site and/or Services.
THE SITE AND SERVICES ARE AVAILABLE “AS IS.” Tripendy” DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SERVICES, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SERVICES; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH LINKS IN THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.
Tripendy, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to the Services or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in the Services (including without limitation as a result of breach of any warranty or other term provided in these Terms). Any claim against us shall be limited to the amount you paid, if any, for use of the Site and/or Services.
Users irrevocable accept and agree that the laws of Belgium apply to the Agreement, including any dispute, controversy or claim between Users and Tripendy in relation to the use made of the Site or Services and the information contained therein, without regard to the principles of conflicts of law.
Only the Courts of Brussels (Belgium) shall be the exclusive venue to resolve any controversy, dispute or claim arising out of or relating to the Agreement, the use of the Site and/or Services, and/or the information contained therein. Users hereby irrevocably and unconditionally consent to the jurisdiction of these courts for these purposes.
If you have any questions about this Agreement, please contact us via email firstname.lastname@example.org or regular mail at the following address: Tripendy, Ankerrui 9, 2000 Antwerpen, Belgium