6. Prohibited Content
This article includes a non-exhaustive list of content that you may not make available via the Service at any time (in which Genscom exclusively assesses whether or not certain content is permitted):
6.1. Content that is discriminatory with regard to appearance, race, religion, gender, culture, origin, or may otherwise be called offensive;
6.2. Content that calls for violence against and/or the harassment of another or others;
6.3. Content that leads to or is the result of exploitation or the abuse of others;
6.4. Content that in Genscom's opinion violates good morals or good taste, is violent or contains a link to pornographic material or pornographic websites, or contains pornographic or erotic material;
6.5. Content in which personal details of minors are requested and/or in which personal details of others is made available;
6.6. Content that promotes or perpetrates illegal activities;
6.7. Content that violates intellectual property rights, privacy rights, or that violates any other rights of Genscom or third parties;
6.8. Content in which chain letters, junk mail or spamming is involved and/or in which passwords or other personally identifiable information is requested for commercial or illegal purposes;
6.9. Content in which commercial activities such as advertisements, lotteries, contests, or pyramids are suspected, without prior written permission from Genscom;
6.10. Content that includes a photograph or image of another person without his or her consent;
6.11. Content that violates any law, regulation, decree, any other applicable regulation, or these Terms and Conditions of Use.
7. Notification of unlawsful content
7.1. Genscom will investigate notifications of breaches of rights of third parties by users of the Service and if possible take action against them. If you believe that a user of the Service is infringing your rights, we request you notify us by e-mail via the contact form. This notification must:
7.1.1 Include the URL on which the material you believe is the subject of the infringement can be found on the website of HappieDays.be;
7.1.2 Include a statement that in your opinion your rights are being infringed and why this is the case;
7.1.3 Include contact information where Genscom can contact you, such as your name, address, telephone number and e-mail address;
7.1.4 Include a statement, supported by evidence, that the information in your notification is correct and complete and - if it concerns an infringement of intellectual property rights - that you are the owner of the intellectual property rights concerned;
7.1.5 Be signed by the owner of the intellectual property rights or the person who is demonstrably authorised to act on behalf of the owner;
7.1.6 If it concerns an infringement of intellectual property rights - include a description of the work or works that in your opinion have been infringed, along with a specification of the infringement.
7.2 Genscom reserves the right to forward the notification to the person/persons or company responsible for the content to which the notification relates.
7.3 If the notification shows that the content is unmistakably unlawful, it will be deleted or made inaccessible by Genscom.
7.4 Genscom reserves the right not to accept a request for deletion or to block access to content if it has good reason to doubt the accuracy of the notification, or the legality of the evidence provided, or if the content to which the notification relates does not prove to be unmistakably unlawful. In this case, for example, Genscom may require a court decision from a competent court in Belgium, the ruling of which demonstrates that the content in question is unmistakably unlawful.
7.5 By submitting a notification you indemnify Genscom and all affiliated companies as well as its management, directors, employees, representatives and legal successors from any third-party claim in connection with the deletion or inaccessibility of information. The indemnification also applies to all damages and costs incurred by Genscom, which the latter may still incur, or must incur in connection with such a claim, including - but not limited to - the reimbursement of costs for legal assistance.
7.6 Genscom shall not, in any way whatsoever, be able to be party to a dispute between the person from whom the notification originates and the user to which the notification relates.
8.1 The client who issues a print or reproduction order is assumed to be entitled to do so. The client guarantees, among other things, that his/her order is in accordance with copyright, privacy legislation and the legislation on the use of personal data. He/she bears responsibility, possibly with his/her principals and to the exclusion of the supplier, with regard to third parties.
8.2 When the customer instructs the production of PDFs, clichés or films from any drawing, photo, document or text, this implies that he/she has obtained permission to do so, without any responsibility on our part.
8.3 All compositions designed by Genscom remain our property and are protected by copyright.
8.4 All models, sketches, digital material, typesetting, interpretations and arrangements, which are designed by the supplier, whatever the technique used, are its exclusive property and may not be reproduced or reprinted. The relinquishment or charging of such materials does not in itself detract from the above, except in the case of express and prior agreement.
8.5 The client may not oppose mentioning the name of the supplier, if the law so requires, even if the name of a publisher or an intermediary, publicity agent or other party is already mentioned on the printed matter.
9.1 All prices of paid services or products provided by Genscom are in euro and include VAT.
9.2 For products and/or services ordered via the Website you pay the price stated on the website. Payment will take place in the manner specified in the agreement or mentioned elsewhere on the Website. Unless explicitly agreed otherwise, payment must be made when you place an order or enter into an agreement. If Genscom continues to provide a paid service for an indefinite period, Genscom will collect the monthly payments due in advance.
9.3 The prices stated on the website may be changed without prior notice. Only the price stated on the Website at the time the agreement is concluded is binding. In the event of periodically due payments, Genscom will notify you in advance of a price change.
9.4 Reversing an amount collected (automatically) by Genscom does not release you from your payment obligation.
9.5 If Genscom does not receive a due amount (on time), Genscom is entitled to suspend the paid service until the amount due has been received by Genscom.
9.6 You cannot hold Genscom to offers and/or prices if you could have reasonably understood that the offer and/or the price contains an obvious mistake or error.
9.7 You do not benefit from the right of return.
10. Data storage.
11. Termination and availability of services
11.1 In addition to the other (legal) resources that are at Genscom's disposal, Genscom is at all times entitled to (temporarily) restrict, suspend or disable your activities related to the Service without providing any reason and without prior explanation, and to delete files, data and/or materials, issue a warning, terminate the service and refuse to provide services to you, in particular - but not limited to - if:
11.1.1 You act contrary to these Terms and Conditions of Use;
11.1.2 We believe that your actions may cause damage or liability to yourself, to other users or to Genscom.
Therefore, Genscom will not be liable under any circumstances.
11.2 If your use of a paid service from Genscom is terminated, for whatever reason, you have no right to be reimbursed for any amounts (already) paid in advance. In such cases, the amounts already paid to Genscom shall expire.
11.3 Genscom does not guarantee that the HappieDays.be service will be accessible at all times and without interruptions or disruptions.
Genscom undertakes to ensure the Service is optimal, insofar as this is possible. You acknowledge and agree that neither Genscom nor the suppliers or designers of the software or content that is part of the Service can provide any guarantee regarding the legality, quality, functionality, absence of defects or infectious material (including viruses, 'worms', 'Trojans', 'logic bombs', etc.) nor regarding the availability of the Service or the content of the Service. Genscom cannot give any guarantee, for example, that the Service will always be accessible, or that there will not be any interruptions or errors in the Service.
In the event of a breakdown, maintenance work or termination of the Service it is possible that certain data will disappear or can no longer be consulted. You must be responsible for backing up this data yourself.
You must also be responsible for technical measures to protect your computer against intrusion by third parties and/or to ensure the confidentiality and integrity of your data. We recommend you use an up-to-date antivirus program before using the Service.
By using the Website you are bound by our Privacy Statement.
14. Third party content
14.1 It is possible that the Website contains applications, content and services of third parties and/or links to websites of third parties ('Third Party Content'). The inclusion or presence of third-party content on the Website does not imply that Genscom has approved or checked this content. Genscom is not responsible for the content and working method of third-party content or for any use thereof by users of the Website.
14.2 Genscom’s API Terms and Conditions apply to third-party applications on the Website.
14.3 The products or services offered by third parties are subject to the applicable Terms and Conditions of the third parties concerned.
15.1 Genscom does not accept any liability for damage as a result of an attributable shortcoming in fulfilling the agreement to provide services, including but not limited to, damage arising from or related to use of the Website or the impossibility of its use, and/or any related services provided by Genscom as a tort or otherwise, insofar as this is permitted by mandatory law.
15.2 Insofar as Genscom is subject to any liability pursuant to the provisions of this article, this liability towards you, for whatever reason, applies at all times per event (whereby a coherent series of events counts as one event) and is limited to the amount in the current calendar year of the actual fees (excluding VAT) paid by you to Genscom for the products and/or services from which Genscom's liability has arisen.
15.3 In any case, Genscom shall never be liable for consequential damage, including pure financial loss, lost turnover and profit, loss of data and immaterial damage, related to or arising from the services provided by Genscom, and/or your use of the website.
15.4 A condition for the existence of any right to compensation is always that you report the damage to Genscom in writing as soon as possible after it occurs. Any claim for damages against Genscom expires by the mere lapse of 12 months after the claim arose.
15.5 This limitation of liability does not, however, seek to exclude Genscom's liability for intent and/or deliberate recklessness by Genscom ('own actions') itself and/or the management of Genscom.
16. Other provisions
16.1 These Terms and Conditions of Use contain all agreements that the parties have made in this respect. It replaces all previous arrangements and agreements that the parties have respectively made or concluded. Verbal announcements, commitments or agreements do not have legal force unless they have been confirmed in writing.
16.2 Without prejudice to any existing legal obligations Genscom has to keep the agreement between you and Genscom for the use of the Website, Genscom is not obliged to keep an archived agreement accessible to you.
16.3 If one or more provisions of these Terms and Conditions of Use are null and void, or are nullified, the remaining provisions shall remain in full force.
16.4 Belgian law applies to these Terms and Conditions of Use. Any disputes arising from this agreement shall be submitted to the competent court in Antwerp, to the exclusion of any other.