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These General Terms and Conditions are applicable to the services that Telenet makes available on http://www.GarageTV.be/, hereinafter referred to as "the Service".
By making use of the Service, you unambiguously agree with the applicability of the content of these user conditions, and you commit yourself to observing these regulations.
Article 1: Definition of certain terms
User/You: A User/You is an end-user of the Service.
Telenet NV: Telenet NV, Liersesteenweg 4, B-2800 Mechelen, Belgium, VAT BE 0439.840.857, RPR Mechelen
Article 2: Provision of the Service
The Service allows, among other things, the User to (1) transmit, exchange and administer digital photos/films, (2) communicate via the Service (blogs, forums), and (3) seek to make contact with other Users. Telenet will utilize technology that conforms to the market and make all reasonable efforts to carry out the Service. Telenet will utilize technology that conforms to the market and make all reasonable efforts to assure the security, integrity and confidentiality of the data. Telenet will regularly make modifications and improvements to its security procedures. Telenet, however, does not guarantee that the Service will be operational without interruption, and Telenet is not liable for damages that may be a consequence of such interruptions in the Service, which occur as a consequence of unforeseen events, server or Internet malfunctions, natural disasters or force majeure.
Article 3: Your use of the Service
3.1 Rights of use
Telenet herewith grants You the personal, temporary, non-exclusive and non-transferable right to use the Service for non-professional purposes. Every other use of the Service is forbidden.
No rights of reproduction or public communication: You accept that You do not acquire any other rights than those foreseen in the first paragraph of Article 3 of these Terms and Conditions. You therefore do not have the right to transmit, commercialize, make publicly accessible or publicly communicate the Service or any part thereof, including the content that has been made available. Nor do you have the right to download, copy, or in any other manner reproduce the Service, either in its entirety or parts thereof, for any purpose whatsoever.
3.2 Code of behavior
You commit yourself to use the Service exclusively for lawful purposes. Telenet has the right to give You instructions with regard to the use that is made of the Service, for operational, quality and security reasons amongst others. You commit yourself to observe these instructions.
3.3 Impermissible use
You commit yourself not to use the Service for the purpose of creating a connection, for transmitting, receiving, uploading or downloading, using or reusing any material, the existence, content, possession, distribution or the use of which would be insulting, improper, threatening, obscene, vulgar, pornographic, racist, gross, libelous, fraudulent or misleading, which is a violation of copyright or any other rights to intellectual property, including portrait rights, business secrets or laws with regard to the protection of privacy, and which represents a crime, or which violates an order of a court or the government, or which is illegal in any other way or manner.
Nor shall You use the Service for causing hindrance, inconvenience or unnecessary apprehension, or for sending unsolicited advertising or publicity material. In general, You shall only use the Service for bona fide purposes, and this in conformity with the accepted user guidelines of the networks that are connected with the Service, with the Internet standards ("netiquette") that are generally in effect and with all applicable legal regulations.
You commit yourself to maintaining the confidentiality of your username and password, never to make it available to third parties, and never to make use of the user name and/or password of another user without the prior permission of Telenet. You furthermore commit yourself never to use the Service for the purpose of pretending to be someone else, including any natural person or legal entity.
3.4 License rights
You declare that You can present all required licenses for software (in applicable cases configured by Telenet) that is available on your computer. Telenet and its employees are in no way liable for the software that is installed on your computer and the corresponding license rights to this software. You indemnify Telenet and its employees against all claims or legal procedures that are a consequence of this, and, more generally, as a consequence of every erroneous use of the Service.
3.5 Reporting obligation
You are requested to inform Telenet about any illegal content that is being made available via the Service, so that Telenet can take the necessary measures. The User of the Service can also notify the authorities directly, amongst others at the Central Reporting Point of the Belgian Computer Crime Unit (www.gpj.be). Telenet reserves the right to remove unilaterally every content from the servers, which at its discretion it judges to represent illegal activities, or of which it is of the opinion that the content is illegal, without being liable in any manner whatsoever for any damages that may be a consequence of such a removal, and it reserves the right to pass on such content to the competent authorities.
3.6 Equipment
You commit yourself to connect only properly functioning equipment and software to the Service. As soon as You notice, or can reasonably be expected to notice, that the equipment/software that You use is not suitable for a connection to the Service, does not function properly or hinders or disturbs the use or functionality of the Service or of the Telenet network, You must disconnect your equipment from the Service.
3.7 Indemnity
You must indemnify Telenet for all damages and protect it against all claims by third parties that are a consequence of a use of the Service from your account, which are in contravention of the rights of third parties or applicable legislation and of the provisions of the present General Conditions of Use.
3.8 Termination
If You seriously and/or repeatedly violate your obligations under these General Terms and Conditions, Telenet has the right to suspend the Service by means of a simple written notification, until such time as You fulfill all your obligations, or automatically and legally, without prior notice of default to terminate this Contract without notice or compensation.
Article 4: Limitation of liability
4.1 Guarantees
The Service is provided to You in the condition in which it is currently available and which is known to You. You acknowledge and accept that neither Telenet, nor the suppliers or designers of the software or the content that are a part of the Service, can provide any guarantee whatsoever with regard to the lawfulness, quality, functionality, absence of deficiencies or infectious material (including viruses, worms, Trojan horses, logic bombs and similar items), as well as with regard to the availability of the Service or the content of the Service. Taking into account existing technical limitations, the novelty of the utilized technologies and the magnitude of external (potentially) influencing factors, Telenet is unable to provide any guarantee whatsoever that the Service will always be accessible, nor that there will be no interruptions or errors in the Service.
4.2 Own risk
Own risk. You yourself are responsible for the equipment and the software that is required for connecting to the Service, as well as for the configuration of this equipment and software. Modifications to the configuration of your equipment and/or software are always carried out at your own risk. The downloading of files and content by the User is the responsibility of the User himself. Any damage to the computer, hardware and software of the User, which may be a consequence of downloading any files or content by the User, falls fully under the responsibility of the User. The User accepts that Telenet cannot be held liable for any damages that are caused by the use of the username and password of the User by a third party, with or without his knowledge. Telenet furthermore has no obligations to the User, with regard to checking such activities.
You yourself are responsible for the technical measures that are required to protect your computer against intrusion by third parties and/or for guaranteeing the confidentiality and integrity of your data. We recommend the use of an up-to-date antivirus program, before You take the Service into use.
4.3 Liability
Telenet rejects any and all liabilities, which are partially or wholly the consequence of a provision of elements of the Service by third parties, such as for instance the supply of or granting permission for licenses on software and/or equipment that may be required for the use of the Service, and/or providing services or products via the Service, such as games and content.
Telenet is exclusively liable for its own serious or premeditated errors. The liability of Telenet is in each instance limited to remedying the foreseeable, direct and personal damage that You have suffered, under exclusion of but not limited to all indirect or immaterial damages, such as business losses, income or profit losses, loss or damage of data and any supplementary costs. In all cases, the liability of Telenet is limited to a maximum amount of EUR 100 per user, per damage incident and/or per series of damage incidents that have one and the same cause, even if such a series of damage incidents affects different users.
The content of the communications, which are implemented and created by way of your account, remain your own sole responsibility in all cases, and Telenet is not deemed to be responsible for limiting or monitoring such communications, nor can Telenet be made liable for the content of the received or the transmitted communications of any kind whatsoever.
In the event of a breakdown, maintenance works or a termination of the Service, it may be possible that certain data is lost or can no longer be accessed. Is the responsibility of the User to organize the backup of any such data.
4.4 Complaints
Complaints can be submitted to the Customer Service department of Telenet. The customer service department of Telenet can be reached in the following ways:
Telenet Customer Service, Liersesteenweg 4, B-2800 Mechelen, Belgium, VAT BE 0439.840.857, RPR Mechelen, Tel. +32 (0)15 66 66 66
Article 5: Processing of personal data
The following provisions are only applicable to personal data, which is processed by Telenet during registration or at the conclusion of a contract, or as a consequence of the execution of the Service.
5.1 Purposes of the processing of personal data
Telenet processes the personal data that is made available by You, including your electronic contact data and your account, for the following purposes:
To provide the Service;
to assure a good functionality of its contract, payments and customer administration;
to carry out market research and user profiling; and
to make promotion and prospecting procedures such as direct marketing possible, both for the current and future activities of Telenet and for its associated companies.
5.2 Storage and transmission of personal data
Telenet may store your identification and traffic data, for the purpose of fulfilling its legal obligations regarding the storage of such data. Traffic data consists of technical data, which Telenet processes for the implementation of a communications service, or for invoicing such communications services. In exceptional cases, your identification data and your traffic data may be made available to police and criminal investigation departments, under provisions and warranties provided by applicable legislation.
Your personal data may be provided to third parties or organizations that are contractually linked to Telenet, for the purposes that are listed in Item 5.1. from (i) up to and including (iii). A list of such organizations will be provided to You on a simple request. Under strict conditions, which are designed to ensure the confidentiality of your personal data, Telenet may make such data available to third parties, within the context of a takeover or sale of the company or a company division.
5.3 Processing of personal data for direct marketing or publicity purposes
Telenet is permitted to use your electronic contact data for offering its own products or services, which are similar to the Service.
You at all times have the possibility of objecting to the use of the personal data, which has been obtained from You and processed by Telenet within the context of the delivery of the Service, for direct marketing purposes. A possibility of objecting to such a use of your personal data is offered, at the time that You register for the Service. Furthermore, You can object to such a use at any moment after registration, by means of directing a simple request to the above-mentioned address, or forwarding such an objection to the e-mail address info@staff.telenet.be.
5.4 Access and correction
You have the right of gaining access to your personal data, and of correcting any incorrect information contained in your personal data. If you wish to make use of this right, You must submit a written request to Telenet at the above-mentioned address. Such a request must be dated and signed, and it must include a copy of your identity card.
5.5 Cookies
To make the delivery of the Service easier, it may be necessary for Telenet to install "cookies" on your computer. Cookies are small files, which make it possible for Telenet to temporarily store certain choices that You have made, making it easier for You to use the Service (for instance, the storage of a password, an indication of links that You have clicked, etc.). Telenet may also place cookies, which permit the preparation of a marketing profile. You have the possibility of blocking cookies, by activating the "Privacy" button in the control panel found in your computer settings.
5.6 Additional information
If You have any further questions with regard to the processing of your personal data, You can always send a letter to the above-mentioned address, or send an e-mail to info(at)staff.telenet.be. Telenet will make sure your question is answered as quickly as possible. You can also consult the public register of automated processing, which is maintained by the Belgian Commission for the Protection of Privacy. If You require additional information about the manner in which Telenet processes personal data, You can find such information in this register.
Article 6: Copyright guidelines
Click here to view the copyright guidelines.
Article 7: Other provisions
In the event that one or more of the provisions of these General Terms and Conditions should be or become invalid or null and void, this does not prejudice the validity of the remaining provisions. An invalid or null and void provision will be replaced by a valid provision, which comes as close as possible to the intention of the invalid or null and void provision.
Telenet has the right to modify these General Terms and Conditions at any moment, on the condition that a notification of such changes and their publication is carried out on the portal site, and on the webpage on which the current General Terms and Conditions are made available. Such modified conditions come into effect immediately upon publication on the website. Your agreement with such modified General Terms and Conditions is indicated by your continued use of the Service.
You cannot transfer your contract with Telenet, or any part thereof, to another natural person or legal entity, without the express agreement of Telenet. Telenet does have the right of transferring this Contract, on the condition that You are given prior notification of such a transfer.
This Contract is exclusively subject to Belgian material law. Every dispute with regard to the establishment, interpretation and execution of these General Terms and Conditions, is the exclusive competency of the courts of law in Mechelen, Belgium.
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