These are the Terms and Conditions of Use of www.happiedays.com - part of Genscom NV, RPR 0553.863.070, located at Louis Frarynlaan 77, 2050 Antwerp (Belgium) - which apply to the services that Genscom makes available at https://www.happiedays.com under the name Happiedays, referred to hereafter as 'the Service'. In order to use the Service, you must read and agree to the following terms and conditions and provisions. Genscom may change these Terms and Conditions of Use at any time and you agree to be bound by such changes. Therefore, although we try to keep you informed when important changes are implemented, we recommend that you regularly view the latest version on the site.
1. Description of the Service
The Service does not regulate the content of the communication between users or between users and the Service. Consequently, Genscom has no control over the quality, safety, legality, integrity or accuracy of the various parts of the Service. You are personally responsible for all activities that are carried out under your user name and for keeping your password secret. You understand and agree that the Service is offered in the current state and according to availability. Genscom declines all responsibility and liability with regard to the availability, timeliness, security or reliability of the Service. Genscom reserves the right to change, suspend or cancel the Service at any time with or without notifying you or being liable to you.
Genscom is not liable for acts or omissions by its users of the Service, including the files, data and/or materials that they make available on the website of the Service. Therefore, Genscom provides no guarantees regarding the content of files, data and/or materials that are made available by users of the Service.
2. Use of the Service
2.1. Right of Use
You guarantee to Genscom that you are authorised to use the Service and to act in accordance with these Terms and Conditions of Use. In addition, you guarantee to Genscom that you will fulfil the obligations under these Terms and Conditions of Use at all times and that you will comply with all laws and regulations that apply to the use of the Service. You do not have the right to download, copy or reproduce the Service, the code and/or the software of the Service, in any other way, in part or whole, for any purpose whatsoever.
You do not have the right to delete, alter or modify any part or parts of the website and/or the Service.
2.2. Unauthorised Use
You undertake to only use the Service for lawful purposes. You agree not to use the Service to send, receive, upload or download, use or reuse any material of which the existence, content, possession, distribution or use are offensive, indecent, threatening, obscene, vulgar, pornographic, racist, discriminatory, negationist, Nazi, vulgar, defamatory, fraudulent, or is misleading, infringes copyrights or any other intellectual property rights, portrait rights, business secrets or privacy protection laws, constitutes a crime or violates an order of a court or government, or is unlawful in any other way.
You undertake not to disturb the public order on the Service. This means that hacking or attempted hacking, spamming, sending unsolicited advertising through private or public messages, the frequent unauthorised reloading of pages, flooding or placing excessively long texts, etc. are not permitted.
You undertake not to engage in activities that contain viruses, Trojans, worms, bots or other software that may damage, render unusable, inaccessible, delete or appropriate an automated work or data, or that are intended to circumvent technical protection measures of Genscom's service and/or computer systems.
You undertake to keep your user name and password secret and never disclose it to third parties, and that you will never use the user name and/or password of another user without prior permission. You also undertake not to use the Service to impersonate someone else.
Violations of the policy set out above may give rise to the immediate cancellation of your account.
Genscom reserves the right, but is not obliged, to investigate your use of the Service in order to establish whether there is a violation of the user agreement or to verify that you comply with all applicable laws, regulations or orders from the government. Genscom expressly rejects any liability in connection with any breach by you of the policy set out above.
3. Intellectual Property Rights
3.1. You acknowledge and agree that the website contains files, other content and programs owned by Genscom, licensors and/or users of the Service, and that are protected by applicable intellectual property rights, including but not limited to copyrights, database rights, neighbouring rights, trademark rights and patents.
3.2. Under the conditions set out in these Terms and Conditions of Use, Genscom grants you a limited, personal, revocable, non-exclusive, non-sub-licensable, non-transferable right to view and/or or listen to files made available through the website in the way and in the format in which these files are made available by the website. It is explicitly forbidden to download, copy, modify, publish or use files, data, programs and/or materials for direct or indirect commercial purposes or for any other purpose than the aforementioned purposes, unless Genscom or the relevant rights holder has granted permission for you to do so. It is therefore forbidden, among other things - but not limited to - to request or reuse or repeatedly request and reuse substantial parts of the Service without written permission from Genscom, as referred to in the Law on Databases (Databankenwet).
3.3. No part of these Terms and Conditions and/or anything that appears on the website is intended to transfer any intellectual property rights and/or to grant any intellectual property rights to you. The use that you may make of the Service is limited to that described in these Terms and Conditions of Use.
3.4. You hereby declare that you will not perform any actions that may infringe the (intellectual property) rights of Genscom or third parties. You acknowledge and agree that any unauthorised use of files, data and materials that are subject to intellectual property rights will violate these Terms and Conditions of Use and the applicable law, including but not limited to the Copyright Act. Notwithstanding the above, the actions described in Article 5 are also considered to be an infringement of Genscom's exclusive property rights related to its computer systems.
3.5. You are not permitted to delete, render unreadable, conceal or modify notices or statements relating to intellectual property rights.
4. Uploaded content
As the holder of an account you are entitled to upload content (photos and texts) to https://www.happiedays.com. You retain all your property rights to the content you have uploaded, but you must grant Genscom and the other users limited license rights.
These license rights are described in Article 5 of these Terms and Conditions of Use.
You undertake not to upload any content to the website that is subject to copyrights of third parties, unless you have an official license or permission from the rightful owner to upload the material in question to the website.
You agree that you are solely responsible for the content you post and for the consequences of posting or publishing it. Genscom does not endorse the content and/or opinions, views and advice provided by you and expressly rejects any liability in relation to the content you have uploaded. Nor does Genscom have any obligation to monitor the content you have posted.
Genscom reserves the right to decide whether the content you have uploaded fulfils the content requirements stated in the Terms and Conditions of Use and may remove such content posted by you and/or terminate your access to upload content that violates these Terms and Conditions of Use at any time, without prior notice and at its sole discretion.
Genscom also reserves the right to open, read, save and disclose content, which Genscom believes is necessary to comply with any applicable laws, regulations or orders issued by an authority, or to implement this agreement (including investigating possible violations thereof), whether it be to detect, prevent or otherwise deal with fraud, security or technical problems.
You are not permitted to distribute part or parts of the website, including, but not limited to, the content you have uploaded, without the prior written consent of Genscom on any medium and by any means whatsoever. Genscom therefore reserves the right to require the publication of the content created on https://www.happiedays.com to be removed, on simple request, from any site other than https://www.happiedays.com. Genscom also reserves the right to take action against any other form of distribution by any means whatsoever, including but not limited to, distribution on paper by the user.
5. Uploading files/License rights
Under the terms and conditions established in these Terms and Conditions of Use, in principle you retain the copyrights and other intellectual property rights belonging to you with regard to the files that you make available to visitors of the Website via the Website.
You acknowledge and agree that by making files, data and/or materials available to the Service (which in these Terms and Conditions of Use include: uploading them), you automatically grant Genscom:
5.1. A free, unencumbered, worldwide, sub-licensable, non-exclusive license
5.1.1. To use, duplicate, distribute and publish the files, data and/or materials in connection with the Genscom service; and
5.1.2. To use and duplicate the files, data and/or materials (and allow third parties to use and duplicate them) in any media for marketing and/or promotional purposes in connection with Genscom's services.
5.2. The right to delete any files, data and/or materials made available by you from the servers of Genscom and the Website, intentionally or unintentionally, for whatever reason and without providing any reason, without Genscom being liable in any way to you or a third party as a result of its deletion.
5.3. The license referred to in Article 5.1 ends when you or Genscom deletes the relevant files, data and/or materials from the Website.
5.4. You acknowledge and agree that the files, data and/or materials you make available to the Service will be used by other users of the Service. Genscom does not accept any liability for compliance with these Terms and Conditions of Use by users of the Service. You acknowledge that there is a possibility that the files, data and/or materials that you make available to Genscom are used by third parties in a way that is contrary to, or not provided for in, these Terms and Conditions of Use. Genscom is not liable for any actions by third parties that violate these Terms and Conditions of Use or any legal provision, or for any other unlawful act by third parties related to the files, data and/or materials made available by you.
5.5. You are fully, independently and solely responsible for all the use you make of the website, including but not limited to, the provision of files, data and/or materials, and for sending and sharing files, data and/or materials.
5.6. You guarantee to Genscom that you have full rights to the files, data and/or materials referred to in Article 5.1 and that you have full rights and authorisation to grant the license as referred to in these Terms and Conditions of Use. You indemnify Genscom and all affiliated companies and persons against all third-party claims that are based on the allegation that the files, data and/or materials infringe any valid (intellectual property) rights of third parties or are otherwise unlawful towards third parties, and all claims arising from your actions in violation of these Terms and Conditions of Use. All costs incurred and damage suffered by Genscom in any way related to such claims will be reimbursed by you.
5.7. By making files, data and/or materials available to the Service, you guarantee that:
5.7.1. You are authorised to do so in accordance with these Terms and Conditions of Use and that you are entitled to grant Genscom the rights referred to in these Terms and Conditions of Use;
5.7.2. The files, data and/or materials you make available are not in violation of any law, or violate any rights of third parties, including rights arising from a contract, intellectual property rights, privacy rights, and are not otherwise unlawful towards third parties or Genscom, and that no permission or license is needed or required from you or any third party for the use of the files on the website;
5.7.3. You are not restricted by any lack of competence, limitation or prohibition with regard to your right to act in accordance with these Terms and Conditions of Use and/or to make files, data and/or materials available;
5.7.4. Genscom shall not be obliged to make any payment of any kind whatsoever to anyone, including to persons and parties whose performance or ideas are contained in the files, data and/or materials that you make available, or to the producer (s), publisher (s) or creator (s) thereof, including to collective rights organisations;
5.7.5. You are exclusively responsible for all licenses, reporting and payment obligations towards any third party including, but not limited to, collective copyright organisations, in connection with the use of the files, data and/or materials you make available as referred to in these Terms and Conditions of Use.
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.