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User's charter – version 1.0 – 03/04/2006
Access, use, consultation and any other operation on the www.jacquesbrel.com website (hereinafter referred to as ‘ the Site’) and any documents, information, services and models shall be subject to the conditions specified below (hereinafter referred to as ‘the Charter’) and to the applicable legislation.
Editions Jacques Brel (hereinafter referred to as ‘the Editions’) are free to apply any modification, alteration or addition to the Charter at any time and which shall be immediately applicable. The Users must ensure that they have taken cognisance of the latest version of the Charter.
The Charter is accessible at any time on the Site. The Users may make a copy of it or ask it to be sent to their address by post.
By accessing and surfing on the Site, the user accepts, without limitation, the terms of the Charter. If these terms are not complied with, the user will be asked to disconnect from the Site.
This Charter constitutes and expresses the entire agreement between users and the Editions with regard to their use of the Site. Any other verbal or written agreement which existed previously between the parties shall be replaced by the terms of the present Charter.
The Site, its contents and its addresses (URL) belong to Editions Jacques Brel situated at the following address:
11, place de la Vieille Halle aux Blés
1000 Brussels
Belgium
The objective of the Site is for information purposes only and the Site is accessible without any guarantee whatsoever.
Users make use of the Site and any sites linked to it on their own and sole responsibility.
Despite all the care given to the Site’s construction and operation, the Editions cannot guarantee any of the following:
- no errors in the functionalities offered by the Site;
- no interruptions in the operation of the Site;
- immediate correction of any defaults;
- no viruses or any other potentially damaging elements;
- no errors in the information given on the Site.
The Editions is exonerated of any liability in the event of any damage caused by, among others, interruption, defaults, delays in operations or transmissions, computer viruses, breakdown of the network or for any reason whatsoever by the operation of the Site or of its contents.
The Editions shall freely and independently manage the contents of the Site. The Editions may immediately and without prior notice:
- suspend or cancel access to the Site or a part thereof;
- change the information available on the Site;
- change the presentation of the Site, its structure and rubrics.
The users agree and are conscious of the fact that the Internet is not an entirely secured provider of information and consequently, a complete guarantee with regard to privacy cannot be given.
The Editions does everything possible to comply with the Law of 8 December 1992 regarding the protection of privacy of the processing of personal data as modified by the Law of 11 December 1998 transposing European Directive 95/46/EC of 24 October 1995, made obligatory by the Royal Decree of 13 February 2001.
Only personal data that users have volunteered in the distribution list are registered and stored by the Editions and may be used for the promotion of its own services, to update the Site and to keep users informed of the Editions’ activities if they request it.
Personal data communicated for the purpose of ordering articles for sale are only required for the delivery of the articles in question. They are only kept for the duration of the transaction. None of this information will be sent on to third parties or used for commercial purposes.
For reasons of security or to evaluate the number of visitors to the Site, the Editions automatically register the following data: date and time of the visit to the Site, IP address, pages consulted. No information can be registered without the user’s knowledge nor can it be passed on to third parties, used for commercial purposes or to create a statistical profile of the user. Users are at liberty at any time to access, rectify or delete their personal data from the files of the Editions. Deregistration is done in the same way as registration.
4. Respecting the Site and the Internet network The user of the Site undertakes not to commit or omit any acts which are meant to directly or indirectly, or which would lead directly or indirectly to:
- disrupt or interrupt the networks connected to the Site or to the servers of third parties;
- fail to adhere to any regulations or procedures of the Internet network;
- obstruct use of the Site;
- copy, alter, change or interfere with the Site, its use or contents;
- use the Site for illegal purposes, prohibited by the terms of the present Charter or which might infringe the rights of the Editions or the heritage of Jacques Brel, nor to encourage such acts.
No part of the Site or its contents or the intellectual property of the Editions may be copied, reproduced, published, downloaded, used in advertising, translated, transmitted or distributed in any way to another computer, server, website or by any other means of publication or distribution without the express prior written agreement of the Editions. What precedes is not exhaustive.
The User undertakes not to make use of deep-link, page-scrape, robot, spider, or any other means, program, method algorithm and not to interfere with the operation of the Site nor to copy, access, obtain any information, document and material of any kind which has not been voluntarily made accessible by and on the Site.
The User must not interfere with the use of the Site by third parties by, for example, obtaining access to personal data, passwords or by tracing any information about third parties having access to the Site.
The user shall not try out the capacity of the Site or its vulnerability and shall refrain from any act which may infringe the Site’s security or integrity. The user also undertakes not to carry out any act resulting in an overloading of the pass band.
The Editions or its employees shall not accept or examine submitted ideas or projects including ideas for new campaigns, exhibitions, books, products, events, or anything else.
Users are therefore requested not to send in any ideas, handmade products, suggestions or any other items to the Editions or to any person working for the Editions.
The sole objective of this clause is to prevent any misunderstandings in the case a similar project would come from the Editions.
If, despite the above, ideas, products or projects are sent to the Editions, these will be immediately deemed to be the sole property of the Editions, without payment of any compensation and the Editions shall be free to use them as they wish including passing them on to third parties.
The Visitor’s Book accessible on the Site is a space for free expression and exchange in which users can contribute to the Site by expressing their impressions, memories, remarks and other comments about Jacques Brel and his work. The information provided in this space shall not be used for any other purposes.
The Editions shall not in any way be held liable in the event of damage suffered following the insertion of personal, confidential or sensitive information on the Golden Book.
The user undertakes to use the Golden Book with the greatest respect (in accordance with the regulations of Netiquette) and the laws in force. Any comments made on this Site must relate to Jacques Brel and may not contain:
- any abusive, malicious or defamatory language;
- incitement to hatred, discrimination or violence of whatever kind;
- excuses for crimes, murders, rapes, war crimes or crimes against humanity;
- promotional, commercial or advertising messages;
- messages infringing on the rights of others.
The Editions reserves the right to omit all or part of any messages on the Visitor’s Book which would contravene the above. The decisions of the Editions relating to this subject are discretionary and without appeal and shall not lead to any right to any indemnity or to any other form of compensation in favour of the concerned users.
The Site, its contents and any other material or elements of the Site such as texts, songs, graphic illustrations, interfaces, photographs, logotypes, fonts, interviews, brand names, music, source codes, sound and visual excerpts including the design, structure, expression, and general impression of the Site (hereinafter referred to as “the Contents”), are the exclusive property of the Editions and controlled by them. They are protected by copyright law and related rights (Law of 30 June 1994) and by all international laws in force.
By virtue of the above texts, it is strictly prohibited, without the prior written permission of the Editions, to reproduce (totally or partially, permanently or temporarily) the Contents of the Site on any graphic or numerical support or to modify, adapt, use, translate, distribute or communicate to the general public, the Contents of the Site for whatever purpose and for whatever means whatsoever.
However, the user may download the information available on this Site under the following conditions:
- the name of the holder of the rights shall not be removed;
- this information shall only be used for strictly private and non-commercial purposes;
- this information shall not be placed on any computer on the network or on any other type of media;
- the documents and information available shall not be modified.
The users of the Site shall have the possibility of ordering certain items via the Site.
All these items for sale may be examined at the showroom of the Editions in Brussels.
The Editions reserves all intellectual property rights on items offered for sale. Users may not claim any transfer of rights whatsoever on the items in question except after having been given the express written agreement by the Editions. Furthermore, users may not claim to have the right to (make) modify items, distribute them publicly, put them on sale, reproduce them, transfer rights to third parties, infringe the moral rights of those who are entitled to those rights, etc. This is list is not exhaustive.
The items ordered are destined exclusively for private use and within the buyer’s own family circle.
The Editions may not under any circumstance be held responsible for a lack of available stock.
The prices indicated are inclusive of VAT. The valid price is that indicated on the Site on the day the order was registered.
The Editions reserves the right to increase or lower the announced prices based on criteria at its own discretion and to change the prices valid abroad depending on evolution of dispatching costs. Whatever the circumstances, the price shall not vary between the placing of the order and the delivery of the product.
The placing of the order implies acceptance of the price indicated for the article ordered.
The Editions cannot be held responsible for late delivery for reasons outside its control. Except for indication to the contrary, delivery of the goods is 20 working days.
The Editions cannot be held responsible for any loss or damage to the items caused by their transport, including transportation and taxes.
In accordance with the Belgian law of 14 July 1991, the buyer has the right to notify the Editions that he has cancelled the purchase, without any penalty or having to justify the cancellation, within seven (7) working days following the day of the product’s delivery. Cancellation shall be done by registered letter.
In this case, the item must be returned to the Editions on the working day following the cancellation (authenticated by the postmark), sealed and with the costs being borne by the cancelling party.
The Editions reserves the right to refuse cancellation of the purchase of an item whose packaging has been opened or which has been damaged.
Any payment must be one off, within eight days after delivery, to the account number indicated on the Site. The bank deposit statement must indicate the identity of the buyer.
The Editions maintain the material ownership of the item until full payment has been effected.
In case of default of payment within the deadlines mentioned above, the legal interest for payment start to run automatically, without need for prior notice, and every started month shall be deemed to be a full month.
Permission to operate hyperlinks to the Site must be obtained from the Editions beforehand and in writing.
Obtaining such authorisation in no way means a licence has been granted on the contents of the Site, nor any liability of the Editions with regard to the site managing the link.
No authorisation shall be granted or maintained if the requesting party does not agree to at least the following:
The decisions of the Editions in this respect are discretionary and without appeal and do not give the right to any indemnity or other form of compensation whatsoever for the benefit of the users concerned.
The Site may contain links to other websites belonging to third parties (“Linked Sites”). These Linked Sites are placed at the disposal of users for their convenience and are not under the control of the Editions. Moreover, the Editions shall not assume any responsibility for their contents or for the information contained therein. Users access these sites on their own free will and on their own responsibility.
If, despite the provisions of the present Charter, the Editions should be held liable for any damage or loss originating from or connected to the use of the Site and its Contents, the liability of the Editions shall not exceed € 1.000.
The user undertakes to cover the Editions, its employees, entitled persons, agents, affiliates, sub-contractors, etc. in the event of an action, loss, claim, compensation for damages, (including solicitors’ fees), cases against the company introduced by any third party with regard to and as a consequence of using the Site.
12. Infringement of the User’s Charter The Editions may communicate any information concerning users,(including their identity), if deemed necessary, in the event of a complaint or investigation concerning use of the Site which is not in compliance with the present Charter or applicable legislation.
To this end, the Editions may keep any files, data and information sent to it via the Site.
This shall also be the case in order to be able to identify, contact or introduce legal proceedings against any person causing injury to or interfering with the Site or the rights of the Editions, or the rights of other users of the Site.
The Editions reserves the right to reveal any information at any time that is deemed necessary in accordance with the legislation in force, with regard to a judgement or at the request of the public authorities including the exchange of information between companies with the aim of preventing fraud.
The Editions may freely stop access to the Site, without having to serve prior notice, for any user infringing the terms of the present Charter or code of conduct applicable to the use of the Site or at the request of the public authorities.
The Editions may freely stop access to the Site, without having to serve prior notice, for any user in the event of a technical problem or for the purposes of site housekeeping.
Any infringement of the Charter shall be considered as an act of unfair competition worthy of pecuniary reparation or any other form of reparation which would be deemed the most appropriate by the Editions.
If the Editions is forced to bring an action against anyone due to infringement of the terms of the Charter by a user, the latter shall be obliged to pay back any legal costs that the company has incurred including reasonable solicitor’s fees, costs and expenses, in addition to any compensation owed to the Editions.
If one or more clauses of this Charter is pronounced null and void by a court, the minimum only shall be considered as null and void and will be replaced by valid provisions complying with the objective of the present Charter.
The provisions of the Charter shall be entirely under the jurisdiction of Belgian law. The same applies to all relations between the Editions and the use made of the Site buy its users.
Only the courts of the district of Brussels acting in French shall be competent in the event of litigation..
The information contained on this Site may be modified without any prior notice. |
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User's charter |  |
11 place vieille Halle aux Blés - 1000 Bruxelles - Tél : +32-(0)2-511.10.20 - Fax : +32-(0)2-511.10.21