Article 1 – Editor of the site

The editor of the website “www.streetpage.com”, and its derivatives “www.streetpage.be”, “www.streetpage.fr”, etc. is the company:  Sprl Streetpage (referred to as “Company”) based in 1472 Vieux Genappe, rue Louis Taburiaux,5.

Article 2 – Services Offered

The website Streetpage (referred to as “Streetpage” or “Site”) is a neighbourhood oriented social network based on the concept of street segments.

Article 3 - General

3.1.Access to and use of the Site is subject to the present general terms and conditions (referred to as “Conditions”). The User who visits Streetpage and uses the Site automatically, unconditionally and irrevocably accepts the present Conditions by exclusion of any other terms and conditions.

3.2.The Company reserves the right to modify and alter the present Conditions, the access to the Site and its content at any time and without prior notice. When substantial alterations or modifications are applied  to the present Conditions, a notice shall be posted on the Site.

3.3.The fact that the Company does not invoke any of the provisions set forth in the Conditions at any moment may not be interpreted as if the Company would yield the rights described in and granted by such provisions at a later point in time.

Article 4 – Registration

4.1. Unless explicitly authorized, it is strictly forbidden to register under a false identity and/or in a street which the User does not actually live in. Without prior explicit authorization any registration with a false identity and/or false address leads to the immediate exclusion from the services offered on Streetpage. The Company reserves the right to introduce judicial proceedings.

The Users commit themselves to fill in the registration form with correct, recent and complete information.  The profile information of the Users must also be correct at all times. The Users agree to keep the registration and profile information correct at all times and to modify the information upon any change of the personal situation and more specifically upon change of address. The Users agree to modify the address data upon change of residence.

4.2. The Users are responsible for their access to and their use of the Site. The Users make sure that no-one has access to the Site with their personal login and password. If the Users have knowledge of a security breach where any other person has access to Streetpage with their personal login and password, they will immediately notify Streetpage thereof using the complaint form on the Site.

4.3. Registration is reserved for adults enjoying full legal capacity.

4.4. The Users are wholly and exclusively responsible for any activity taking place on their account and with their access codes, login and/or password. Streetpage may not be held liable for any loss or damage incurred by the Users through improper or unauthorized use of their login and/or password by third parties, even if the Users were not informed of such use.

4.5. Les Utilisateurs n’utiliseront le Site que dans un cadre privé dépourvu de finalité lucrative.

4.6. The Company reserves the right to deny access to Streetpage to any User who is in breach of any of the present Conditions..

4.7. Parties accept that presentation by the Company of all data concerning the use of the Site, registered on his servers, and more specifically of the access codes personally attributed to the Users, is valid as evidence in any dispute between Parties.

Article 5 - Intellectual property

5.1. The Site “Streetpage” and all constitutive elements are the exclusive property of the Company. These elements constitute creations which are protected by intellectual property rights and more specifically copyrights. The trademarks, trade names, logo’s, graphical design, images, animations, sounds, video, text and other distinctive signs on the Site are the intellectual property of the Company. They may not be reproduced, used or displayed without prior, written consent of the Company, under penalty of legal proceedings. Each unauthorized reproduction of any of these elements constitutes counterfeit and is subject to criminal punishment.

5.2. The creation of a hyperlink to the front page of the Site or to any public page of the Site, with exception of any other address, is permitted on the condition that such linking is not harmful for the Company and unless otherwise agreed upon by the Company.

5.3. Upon creation, uploading, saving or communication on the Site of content protected by intellectual property rights, the User grants to the Company a transferable, non-exclusive and free-of-charge licence to use, exploit and divulge, for the duration of the intellectual property rights and for the world, including the right to grant sublicenses, for printed and audiovisual media, for cinema and the internet.

Article 6 - Liability

6.1. All obligations of the Company pursuant to these Conditions are obligations of means, i.e. to perform to the best of its abilities.

6.2. The Company shall and may under no circumstances be held liable for any damage (including indirect damage, loss of revenue or profits) encountered by the User, nor for any action conducted by any third party against the User, in relation to the use of the Site or the Content published thereon by the Company or by any other User or used against the User following the abuse or unauthorized use of elements/information posted on the Site.

6.3. The Company cannot guarantee the permanent availability, without faults or interruptions, of all functions of the Site, nor the immediate correction of such faults, nor the total absence of viruses or any other harmful elements on the Site and on the infrastructure which the Site is hosted on. The Company can only guarantee that the information and the data posted by the Users (files, messages, history,…) shall not be erased. Nevertheless, the Users shall make sure that they keep copies of all information they deem valuable. Temporary restrictions may be caused by technical problems such as interruption of telecommunication, programme bugs and faults, hardware problems, etc. The Company shall and may not be held liable for any loss or damage (direct, indirect, movable or immovable) due to these temporary restrictions, nor in relation to the use of the Site or any incapacity to use the Site. The Users are responsible for upgrading their hardware, their software and their access to the internet.

6.4. When the Company, in spite of the provisions in article 6, should be held liable towards a User, on whichever basis, such liability shall at all times be limited to a maximum amount of € 5, considering the free of charge nature of the service.

Article 7 – Privacy protection

During the registration procedure on Streetpage and upon access to the Site, the Users communicate personal data to the Company. After registration, the Users are given the opportunity to communicate other personal data upon completion of their profile. All such data are processed by the Company as the responsible for the processing of personal data in accordance with the provisions of the Belgian Privacy Act of December 8^th 1992.

The User gives his full, deliberate, specific and informed consent for the use of his personal data by the Company for the following purposes: administration of registrations, animation and administration of the use of the Site, and promotion. The Users have the right of access to and modification of the processed data.  For these purposes, the User may address his request to: Streetpage SPRL, rue Louis Taburiaux 5, 1472 Vieux Genappe.

Article 8 - Relations with Business Partners, Advertisers and External Websites

In case of offers, promotion or commercial advertisement of a third physical person or incorporation, with or without the consent of the Company, with or without any commission fee or remuneration to his advantage, the Company shall and may not be held liable for any payment, delivery, guarantee or any other aspect binding the User with an advertiser or business partner.

The Company can and may not be held liable for any loss or direct or indirect damage resulting from the authorized or unauthorized presence of offers, promotions or commercials advertisements on the Site, coming from any third party, regardless if it is a physical person or an incorporation.

Article 9 – Use of the service

9.1. All information, data, text, software, music, sounds, pictures, images, video footage, messages, links to third party websites, or any other electronic file originating from a User (jointly referred to as “Content”), publicly communicated to other Users, to only a few of them, or privately transferred peer-to-peer, is communicated or transferred at the sole and exclusive responsibility of the User whose account the Content is sent or communicated from. Therefore, such User is solely responsible for the Content which is transferred or publicly communicated through Streetpage. The Company does not pre-emptively, preventively or a priori monitor the Content transmitted, published, posted or stored through or on the Site and therefore does not guarantee under any circumstances the appropriateness, legality, legitimacy, honesty or quality of the Content. The Company can and may under no circumstances be held liable for the Content, more specifically for its illegal nature, for the non-compliance with the Conditions, for faults or omissions, for any loss or damage resulting from the use of any Content.

• the processing of personal data of other Users, more specifically collecting such data for commercial or promotional purposes;
• the creation, storage or distribution of Content that is objectionable or illegal, encourages criminal behaviour, causes damage or threatens to do, harasses (or encourages harassment), is defamatory or libellous against a User or non-User, is discriminatory or incentivizes discrimination, is vulgar, obscene, contrary to good moral standards, hateful, racist, historically revisionist or negationist, homophobe or untruthful, which violates someone else’s privacy, relates to suicide of minors or threatens to violate the human dignity;
• hurting minors ;
• the storage or dissemination of all Content forbidden by law or any legal act or document (more specifically all reserved and confidential information);
• stocker ou diffuser tout Contenu violant tout droit de propriété intellectuelle appartenant à autrui (en ce compris toute information ou tout programme incitant ou facilitant cette violation);
• the creation, dissemination or facilitating the dissemination of all unwanted or unauthorized commercial and/or promotional messages (including chain emails);
• attempts to mislead other Users and non-Users, more specifically through use of a false name, identity or, more generally  every message of fraudulent nature;
• concealing or altering the source of Content through the Site;
• the creation, storage or dissemination of all Content containing computer viruses or any other code, folder or programme designed to interrupt, destroy or limit the functionality of the Site, or more generally disturbing or affecting files, databases, hard disk drives and computers of the Company or the Users;
• disturbing the functioning of the Site or accessing restricted areas of the Site (more specifically the areas reserved for administration of the Site).

9.3. The Company does not pre-emptively, preventively or a priori monitor the Content communicated, published, posted or stored, including third party content. Nevertheless the Company reserves the right (without implying any obligation) to erase, refuse or relocate any Content at its sole discretion, more specifically when the Content violates the present Conditions or a legal provision or when such Content would be deemed objectionable or harmful in any way.

The User is warned about his duty of care and discernment when using the Site and the Content, including third party content. The Company can and may not be held liable for any damage actually done to the User because of the Content, including third party content, hosted on the Site and of which the Company as hosting provider is a mere technical intermediary.

The User accepts that the Company may be obliged to publish a part of the Content to get itself in line with a legal obligation or when he deems such act to be necessary (i) in relation to a judicial procedure, (ii) to enforce the present Conditions, (iii) to respond to complaints on the violation of third party rights, or (iv) to protect the rights and interests of the Company and the Users.

Article 10 – Various

The nullity, forfeiture or unenforceable nature of all or part of the preceding provisions shall never lead to the nullity of the present Conditions as a whole. Such provision shall be regarded as never being written and the User accepts that the Company shall replace such provision by one having the same function, to the extent possible.

The present Conditions and the relationship between the Company and the Users are subject to Belgian law and must be interpreted according to Belgian law. The courts and tribunals of Brussels are exclusively competent to decide on any dispute in relation to the constitution, validity, execution, compliance and interpretation of the present Conditions.

The original version of these Conditions is drafted in French. In the event of any dispute, these Conditions are to be interpreted in accordance with the text and the spirit of the French version

Version April 21st 2010

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