Last update: May 25th, 2018 (Version 1.0)
These terms and conditions (this "Agreement") shall apply to the use of the service Klublr owned and provided by Klublr ("Klublr"), whose registered office is located at Bernheimlaan 81, 9000 Ghent, Belgium. You may only use Klublr if you accept to comply with and be bound by this Agreement. Please read this Agreement carefully before you start using our services, as these will apply to your use of Klublr.
You warrant that you have the legal capacity and are at the legal age, or have the legal consent (e.g. from your parents), to enter into an agreement that legally bind you to the obligations set forth in this Agreement. If you act on behalf of an organization, you warrant that you have the legal capacity to enter into this Agreement and to act on behalf of the organization.
Klublr reserves the right to, at any time and of any reason, amend this Agreement. You will be notified by all amendments, e.g. by push notification and the amended Agreement will also be published in Klublr. All amended terms shall be effective thirty (30) days after they are initially posted in Klublr.
"Application" means, in this Agreement, the website, Klublr's mobile applications named Klublr and the services provided through them.
"Information" means, in this Agreement, all images, logotypes, trademarks, videos, copyright protected information and all other information and data that you or anyone else upload and/or publish or in other ways make available for others at or via the Application.
2. INTELLECTUAL PROPERTY RIGHTS
All Information, software, equipment, data and other material developed or provided by Klublr or its suppliers or affiliates or otherwise used by Klublr to provide the Application, including all intellectual property rights in the same, shall remain the sole and exclusive property of Klublr or its suppliers. You agree to not, except for such actions permitted by this Agreement, sell, license, rent, sublicense, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, editor or create derivative works of the content of the Application or any other way make such content available for someone else without Klublr's written consent.
When uploading Information, you are personally responsible for acquiring all necessary rights of use, operation, reproduction, representation, adaption, disclosing and publishing to the Information. You are not allowed to import or use Information that (i) infringes third party's intellectual property rights, trade secrets or other rights of any other person or entity, (ii) are incorrect or misleading, (iii) constitutes unauthorized or unsolicited advertising or spamming, (iv) is unlawful, threatening, abusive, harassing, fraudulent, pornographic or otherwise can be interpreted as offensive, (v) imposes an unreasonable or disproportionately (in the sole judgment of Klublr) large load on Klublr's computing, storage or communications infrastructure or attempts to gain unauthorized access to the Application or other accounts, or (vi) contains software viruses or other harmful components.
By publishing Information or in other ways make Information available for others at or via the Application you give Klublr an unlimited right to, free of any charge, manage and dispose the Information by, for example, process, store or copy the Information with purpose to fulfil our commitments.
Klublr has the right to, at any time and without prior notice, delete any and all Information or other content in case it infringes third party's intellectual property rights, trade secrets or other rights of any other person or entity or results in violation of this Agreement. Klublr's exercise of this right shall not entitle you to any remuneration.
3. REGISTRATION AND USER INFORMATION
When you register you warrant that you have the legal capacity and are at the legal age, or have the legal consent (e.g. from your parents), to enter into an agreement that legally bind you to the obligations set forth in this Agreement. If you register an organization, you also warrant that you have the right to register, represent and act on behalf of that organization.
When you register, you warrant that all information about you and/or the organization is up to date and correct.
Your login credentials to the Application is confidential and you are responsible to keep them confidential at all times by, for instance, never reveal them to anyone else.
You agree that you will be solely responsible for any and all access or use of the Application that occurs from your account and that Klublr is authorized to use the registered activity of your account as conclusive evidence that you have accessed and utilized the Application.
The Application and all other services provided by Klublr shall be used with common sense, which means that you shall not spam, dishonor or be rude to other users.
The Application and all other services provided by Klublr shall be used for legal purposes only.
When you use the Application and all other services provided by Klublr you warrant and accept that you:
a) do not demean, patronize or in other ways violate any right of anyone else, including Klublr;
b) do not publish or in any other way make available offensive material or other material that is inappropriate, defamatory, infringing, obscene, pornographic, racist, indecent or unlawful;
c) do not, in any way, assist or contribute to spreading viruses or spam or anything else that might harm the Application or another user's property;
d) are solely responsible for ensuring that you have the rights necessary to use, upload, publish and in other ways distribute the Information and that you accept that it is prohibited to upload, publish or in other ways distribute Information on the Application for which you do not have the rights necessary for your use of the Information;
e) are not allowed to download Information that you know, or reasonably should know, are not allowed to reproduce, make available, copy, distribute or in any other way use so that your use results in infringement of third party's right.
5. YOUR ACCOUNT
As a registered user of the Application (a "Member") you will have different functions and roles and in most cases connected to an organization/team (a "Group").
a) As an admin Member (an "Admin") you will, for instance, control a specific Group with more possibilities to add, edit and delete Information.
b) The account for a Member is for you who is not an admin, but is connected to a Group.
You accept that other Members will have the right to act within the competence of their specific roles/account types.
In case someone unauthorized will have the rights of an admin or in other ways control a specific Group which claim to represent a certain organization/team, Klublr will have the right to shut down the connectivity for the unauthorized Member and instead give it to someone authorized by the organization/team.
In order to improve and develop the Application, Klublr has the right to, at any time and without prior notice, change the rights linked to the different types of Members or an Admin.
FOR YOUR OWN SAFETY, WE RECOMMEND YOU TO NEVER PUBLISH YOUR SOCIAL SECURITY NUMBER, PASSPORT NUMBER, BANK ACCOUNT NUMBER, PASSWORD OR OTHER HIGHLY SENSITIVE INFORMATION ("CONFIDENTIAL INFORMATION") IN THE APPLICATION OTHERWISE THAN EXPLICITLY REQUESTED BY KLUBLR. IN CASE OF FAILURE TO COMPLY TO THIS RECOMMENDATION, KLUBLR IS NOT RESPONSIBLE FOR THE CONFIDENTIAL INFORMATION POSTED IN THE APPLICATION AND SHALL NOT BE LIABLE FOR DAMAGES DIRECTLY OR INDIRECTLY CAUSED BY ANY CONFIDENTIAL INFORMATION THAT IS PUBLISHED.
7. LIMITATION OF LIABLILITY
KLUBLR AND OUR AFFILIATES, ASSIGNEES, OFFICERS, EMPLOYEES, AGENTS OR OTHER APPLICATION USERS SHALL NOT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, PERSONAL INJURIES, DEATH, GOODWILL, DAMAGED GOODS, USE OR DATA) EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. KLUBLR AND OUR AFFILIATES, ASSIGNEES, OFFICERS, EMPLOYEES, AGENTS OR OTHER APPLICATION USERS SHALL NEITHER BE RESPONSIBLE OR LIABLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES CAUSED IN CONNECTION WITH (I) YOUR USE OR MISSUSE OF THE APPLICATION, (II) OTHER USER'S USE OR MISSUSE OF YOUR INFORMATION, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (IV) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR INFORMATION OR OTHER DATA. IN ANY CASE, KLUBLR AND OUR AFFILIATES, ASSIGNEES, OFFICERS, EMPLOYEES, AGENTS OR OTHER APPLICATION USERS, AGGREGATE LIABILITY UNDER THIS AGREEMENT AND FOR YOUR USE OF THE APPLICATION SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY TO KLUBLR FOR YOUR USE OF THE APPLICATION DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
8. NO WARRANTIES
THE APPLICATION, ALL ITS CONTENT AND ALL PRODUCTS AND SERVICES PROVIDED BY KLUBLR, OUR AFFILIATES AND ASSIGNEES ARE PROVIDED, EXCEPT TO THE EXTENT PROHIBITED BY THE LAW, "AS IS", "AS AVAILABLE" AND, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, YOUR EXPECTATIONS OF THE APPLICATION, THE INFORMATION'S ACCURACY, TRUENESS OR CORRECTNESS OR NON-INFRINGEMENTS. HENCE, KLUBLR, OUR AFFILIATES AND ASSIGNEES DO NOT WARRANT THAT: (I) THE CONTENT OF THE APPLICATION IS ACCURATE, RELIABLE OR CORRECT; (II) THE APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULT OF USING THE APPLICATION WILL MEET YOUR REQUIREMENTS. THE USE OF THE APPLICATION IS SOLELY AT YOUR OWN RISK.
YOU SHALL INDEMNIFY KLUBLR AND OUR AFFILIATES, ASSIGNEES, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO ALL LIABILITY, LOSSES DAMAGES, COSTS, LOST PROFITS OR OTHER EXPENSES HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR BREACH OF THIS AGREEMENT, (II) YOUR GROSS NEGLIGENCE, (III) YOUR INFORMATION AND (IV) YOUR USE OR MISSUSE OF THE APPLICATION.
10. LIMITED ACCESS AND TERMINATION
If you act in conflict with this Agreement or other user instructions or if Klublr, in its sole discretion, believe that you might do so, Klublr has the right to limit, restrict or stop your access to the Application and/or your user account.
Klublr also reserves the right to limit, restrict or stop your access to the Application or remove your user account and delete your Information, without prior notice or liability, if the Information or your continued use of the Application risks harming Klublr's trademark or reputation.
Klublr's exercise of the rights mentioned above shall not entitle you to any remuneration.
11. DURATION AND TERMINATION
This Agreement is considered to be in effect from the day you accept it until you or Klublr terminate it. You can terminate this Agreement by deleting your registered account. When you delete your registered account you agree that Klublr will save and store your Information and that Klublr are allowed to use and exploit the same in any manner Klublr sees fit.
The Information will, when your registered profile is deleted, have no connection with you or your deleted profile and will be seen as material generated from Klublr.
12. ASSIGNMENT OF THE AGREEMENT
You may not in wholly or partly assign or pledge you rights and/or obligations under this Agreement to any third party without the prior written approval of Klublr.
If any provision of this Agreement between Klublr and you is held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that this Agreement otherwise remain in full force, effect and enforceability.
Klublr's failure to exercise its rights or failure to declare that your default shall not conclude a waiver of Klublr's rights under this Agreement.
15. GOVERNING LAW
This Agreement shall be construed in accordance with and governed by the laws of Belgium.
Disputes arising out of this Agreement shall be settled in Belgian public court with Ghent civil court as the first instance.