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Disclaimer

The website www.designmuseumgent.be (hereafter: the “Website”) is an initiative of: AGB Kunsten en Design – Design Museum Gent (hereafter: “Design Museum Gent”)

Contact

Name: Design Museum Gent

Address: Jan Breydelstraat 5, 9000 Ghent

Telephone: +32 9 267 99 99

Email: museum.design@gent.be

Company number: BE 0537.520.055

Competent court: Ghent

1. General

Every User who consults and/or uses the Website, declares to be aware of the Terms of Use and to accept the full implementation thereof. A “User” (hereafter also “You”) within the meaning of these Terms of Use is anyone who visits and uses our Website in order to retrieve information, regardless of any registration. These Terms of Use apply to us, Design Museum Gent, as well as to the User.

The User is also expected to examine our Privacy Statement and all other rights and obligations that are clearly mentioned on the Website.

In that respect, Design Museum Gent urges every User to carefully study these Terms of Use prior to the use of the Website as well as in the event of any notified adjustments.

2. Registration

Registration can be necessary. The User who wishes to obtain access to the functioning and information on the Website then needs to register on our Website. To register, the User must be at least 18 years of age. Design Museum Gent is free to adapt and define the conditions of registration at any time.

The registration by a minor (-18 years of age) is only allowed with the prior explicit approval of the parent(s) or legal guardian.

When registering, the User must create a personal profile (hereafter: “User Profile”) by providing correct, truthful and up-to-date personal data. Depending on the type of User, it may be absolutely necessary to mention certain information.

This obligation applies both at the time of the creation of the User Profile, as for the future. It is the exclusive responsibility of the User to correct or delete any incorrect data.

Each User Profile is strictly individual, personal and confidential. The User cannot transfer his User Profile to a third party without the explicit consent of Design Museum Gent. The User is exclusively responsible for every action made by the User Profile and the confidentiality of the data of the User Profile, including login details.

The User must report any breach of the confidentiality of the User Profile to Design Museum Gent. Design Museum Gent will take the necessary measures to restore the confidentiality.

3. Limitations to the right of use

The right of use is limited in the sense that the User should refrain from any actions that have or could have a harmful impact on the proper functioning and safety of the Website and the other Users and/or on the use of the Website. The use of the Website may not be in violation of these Terms of Use, the applicable law, the rights of third parties and/or the generally accepted Internet code of conduct.

The following actions are absolutely prohibited:

• Using software programs that focus on the collection and acquisition of data. This includes spiders, crawlers, robots and similar software, but is obviously not limited to those listed.

• Using the Website and their data for spamming, chain letters, junk mail and/or similar variations.

• Stalking other Users and/or trying to convince them of political and/or religious beliefs.

• An unauthorized access to the User Profiles of other Users.

• Using inaccurate personal data or a false identity by the registration.

The above enumeration is in no way exhaustive.

4. Measures

Design Museum Gent reserves the right to take all necessary and appropriate measures in case the User acts in violation of the Terms of Use, the applicable law, the rights of third Parties or general accepted rules of conduct of the Internet. Design Museum Gent preserves a large margin of appreciation to take punitive or remedial measures and to determine the scope of that measure. Measures will always be in proportion to the violation.

Design Museum Gent has the possibility to temporarily or permanently suspend the right of use. In addition, Design Museum Gent can limit the general access of the User to the functionalities on the Website, in part or in full and temporarily or permanently.

Where circumstances require, the abovementioned measures can be taken without prior warning. The User does not have the right to ask reimbursements or damages for measures taken. The User has no right to request a refund or compensation for measures taken.

If the User finds that the measure taken is inappropriate or unfounded, he must bring this to the notice of Design Museum Gent within fifteen (15) calendar days after the action has been taken. Design Museum Gent will take these arguments into account without being obliged to reverse the measure(s) taken.

5. Limitation of liability

All information on the Website is of a general nature. The information is not adapted to the specific circumstances with regard to a certain person or entity. The User cannot consider this information as a personal, professional or legal advice. Every use of the Website is always at the User’s own risk.

Design Museum Gent takes all necessary and reasonable measures to ensure that the information presented on the Website is complete, correct, up-to-date and accurate. Design Museum Gent can, however, not give any guarantees with regard to the quality and completeness of the information on the Website. Should the User notice any inaccuracies, the User is requested to contact the web administrator. As a consequence, Design Museum Gent cannot be held liable for (direct and indirect) damages suffered by the User by consulting the information on the Website.

Design Museum Gent cannot be held liable for any incorrect or false information on the Website or in the emails, even if this results from gross negligence or repeated error caused by the Website, by viruses, computer crime, hacking, and even if Design Museum Gent was warned for this damage. Design Museum Gent cannot be held liable in the event of the malfunction of the contact system. In particular, Design Museum Gent is not liable for the possible transmission of viruses via its Website.

Design Museum Gent cannot be held liable for direct or indirect damage resulting from the use of the information on this Website.

Design Museum Gent may modify or supplement the content of the site (including links) at any time without notice or notification to the User. Design Museum Gent does not guarantee the proper functioning of the Website and cannot be held liable in any way for a malfunctioning or temporary (un)availability of the Website or for any form of damage, direct or indirect, that may result from access to or use of the Website.

In no event can Design Museum Gent be held liable to anyone, directly or indirectly, in any special or other way, for damage caused by the use of this site or any other, in particular as a result of links or hyperlinks, including, without limitation, all losses, work interruptions, damage to programs or other data on the computer system, equipment, software or other of the User.

The Website may contain hyperlinks to websites or pages of third parties or of its partners, or indirectly refer to them. The inclusion of links to these websites or pages does not in any way imply an implicit approval of their content.

Design Museum Gent explicitly declares that it has no control over the content or other characteristics of these websites and can in no case be held liable for their content or characteristics or for any other form of damage resulting from their use.

6. Intellectual Property Rights

Creativity deserves protection. So does our Website and its content. Such protection is provided by intellectual property rights and is entitled to all parties, i.e. Design Museum Gent and third parties. Content means the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, et cetera. This content is protected by copyright, software rights, database rights, designs and model rights, and other applicable (intellectual property) rights. The technical nature of our Website is protected by copyright and by the rights on software and databases. The trade name Design Museum Gent, the related taglines, logo(s), color combinations and every trade name that we use on our Website ourselves are also protected by the applicable intellectual property rights. We ask our Users not to use and/or modify the intellectual property rights as described in this article, without the consent of the entitled party.

The User undertakes not to violate the intellectual property rights of Design Museum Gent or any other party in any way. Design Museum Gent can in no way be held liable should the User violate the intellectual property rights of third parties. Possible factual or legal consequences are thus fully for the account of the User.

7. Protection of personal data

Design Museum Gent attaches great importance to the protection of privacy. Although most of the information on this Website is available without having to provide personal data, it is still possible that the User is asked for personal data. This data will only be used in the context of our customer management and provision of information. By providing personal data to Design Museum Gent, the User explicitly authorizes Design Museum Gent to process this data for the purposes mentioned below.

Design Museum Gent collects the personal data concerning the Users, on the basis of the information provided on the Website or by filing in a contact form or via an e-mail. Design Museum Gent commits not to distribute this information to third parties, unless this is required by law or requested by the judicial authorities or police services. These personal data are confidential. They will only be used by Design Museum Gent internal services for the purpose of strengthening or personalizing communication, in particular via letters and/or informative e-mails and to keep the User informed of Design Museum Gent services and also to provide the User with the requested information. Design Museum Gent also uses personal data for its own marketing purposes.

The User has a right to access and a right to rectification of his or her personal data. Subject to proof of identity (copy of identity card), the User can obtain the written notification of his personal data, free of charge, via a written, dated and signed request to Design Museum Gent. If necessary, the User may also request the rectification of inaccurate, incomplete and non-pertinent personal data.

Design Museum Gent may collect anonymous or aggregated data of a non-personal nature, such as the browser type or IP-address, the used operating system or the domain name of the website through which the User accessed the Website or through which the User left the Website. This allows Design Museum Gent to optimize the Website for the User on a permanent basis.

For more information about the protection of your personal data, we kindly refer you to our Privacy Statement.

8. The use of cookies 

During a visit on the Website, cookies can be placed on the hard drive of the computer, but this solely for the purpose of tailoring the Website to the needs of the returning User. The information collected by these mini-files or cookies are not used to track your browsing activity on other websites or services. The allows the User to prevent the use of cookies, to receive a warning when a cookie is installed and to delete the cookies on his/her hard drive. The User can do this by consulting the help function of the internet browser. This Website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses ‘cookies’ to help the Website analyze how Users use the Website. The information generated by the cookie about the use of the Website (including your IP address) is transferred to and stored by Google on servers in the United States of America. Google uses this information to keep track of how the User uses the Website, to compile reports on website activity for website operators and to provide other services relating to website activity and internet usage. Google may provide this information to third parties if Google is legally obliged to do so, or if these third parties process the information on behalf of Google. Google will not combine the IP address of the user with other data available to Google. The User can refuse the use of cookies by choosing the appropriate settings in his or her browser. However, Design Museum Gent informs the User that he or she may not be able to use all features of this Website in that case. By using this Website, the User consents to the processing of the information by Google in the manner and for the purposes described above. You can find more information about the use of our cookies in the Cookie Statement on our website. 

9. General Provisions 

Design Museum Gent reserves the right to change, limit or discontinue the Website and related services at any time and to any extent. We may do so without noticing the User. This does not give rise to any form of compensation. If a provision of these Terms of Use is deemed invalid, the invalidity of such provision shall not affect the validity and enforceability of the remaining provisions of these Terms of Use, which shall remain in full force and effect. We retain the right to propose a valid modification of the disputed clause(s). The titles we use in our Terms of Use are always illustrative. They have no legal value.   

10. Applicable Law and Competent Court 

These terms and Conditions are exclusively managed and interpreted in accordance with Belgian Law. In the event of any dispute regarding the implementation of this agreement, the parties are expected to do everything in their power to find an amicable solution. In the absence of an amicable solution, the dispute can be submitted to a center for arbitration and mediation (such as CEPINA) or a competent court. Disputes fall under the jurisdiction of the courts of the district of Ghent.