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Legal disclaimer

Definitions and terms

Regarding the application of these terms of use, the words and expressions stated below have the following meaning:

- “Database”: the collection of works, documents, data or other independent elements that are classified in a systematic or methodical way, and that are independently accessible by electronic or any other means;
- “Use” and ”Using”: the viewing, downloading, placing, uploading and/or removal of information and/or material on the website, including but not limited to searching with the search engine;
- “User” and all derived terms: each person viewing the website and/or making someone view it and/or using and/or making someone use it;
- “Information”: all data present on the website, including but not limited to images, articles, concepts, documents, pictures, graphics, links to artistic and creative websites, news facts, drawings, text, etc.;
- “PACKED”: VZW PLATFORM FOR THE ARCHIVING AND PRESERVATION OF AUDIOVISUAL ARTS, with registered office at 1000 Brussels, Koopliedenstraat 62 and registered in the RPR with the number 871.517.086 (Brussels);
- “Website”: http://www.packed.be.

In general

The use of the website http://www.packed.be is subject to the general terms of use as stated above and below.

We request you to read these terms of use as carefully as possible, prior to consulting or using the website in any way.

If you do not agree to these terms of use and/or you do not understand their scope and meaning, we request that you stop using the website and leave it as soon as possible.

Area of application

These terms of use describe the conditions on which PACKED grants you access to its website and the services offered thereon.

Purpose

The purpose of this website is to offer a tool for searching information for persons from the artistic and creative world or for those who show an interest in this field. The website wishes to offer a simple, fast and improved method for the swift search and use of information. Please keep in mind that PACKED provides these services and content with the aim of non-commercial use of this content.

Content and use of the website

As a user you agree that the use of the website or of the information contained therein will take place entirely at your own risk. The website and all information contained therein is available “as is”, meaning in its present condition, as available, with possible imperfections and errors and without any guarantees by PACKED and the collaborators, possibly volunteers, who work in the name and on account of PACKED (hereafter the “PACKED-team”).

Despite all efforts, errors and mistakes may still occur and the available information may be incomplete, incorrect, imprecise or not up-to-date. PACKED can not guarantee that the website, at any moment and under all circumstances, will be flawless and up-to-date. For such reasons, you should not take the information for granted as a user. If a problem arises, PACKED will undertake every reasonable measure deemed to be useful and necessary in order to solve the problem.

In case of doubt, please contact the party issuing the information, in order to check the reliability and quality of the information.

PACKED can in no way be held accountable for a direct or indirect disadvantage that you could experience as a result of wrong, incorrect or incomplete information or as a result of a lack of clarity on the website or on external websites of third parties referred to (by means of a so-called link).

You are solely and without any restriction responsible for eventual losses, work interruptions, damage of programmes or other data on the computer system, or of your equipment or programmes that are the consequence of any use of this website.

Links to external web pages

It is possible that the website contains links to external websites or web pages of third parties. PACKED has no influence whatsoever on the contents of those websites and/or pages and thus can in no way be held accountable for the content of such websites.

The links to other sites do not imply any authorisation by PACKED of the external site or the content thereof.

The links are offered solely for the purpose of information or for your convenience. PACKED does not accept any accountability as such for any direct or indirect damage as a consequence of the use or consultation of such external websites and their contents.

The fact that an external website offers a link to the PACKED website does not at all mean that PACKED recommends that external website or approves it.

Modifications of the website and/or terms of use

PACKED is entitled to alter the information that has been published on the website at any given time, and remove it or have it removed temporarily or forever. In addition, PACKED has the right to adapt, update or change statements in the terms of use. It is your own responsibility to check the statements, conditions, notifications and possible supplementary conditions on a regular basis. In case you continue to use the website after the date of the modifications, you thereby explicitly agree to accept the modifications.

In addition PACKED denounces any form of accountability for eventual damaging consequences, resulting from the use of the material and the information, or from the modifications that were made to the content or the terms of use of the website.

If PACKED is still held accountable by a verdict or a decree that has become final, the organisation’s accountability will in any case be restricted to the smallest of the two, being the amount charged to the user by PACKED for the use of the information and/or the material of which the damage originated, or an amount of 500,- EUR.

PACKED will in no case be held accountable for indirect damage, broader damages, penal sanction or loss of profit. PACKED can also not be held accountable for the use that the user and/or a third party makes of the material and the information.

Operation of the website

The PACKED-team tries its utmost to make the website available without interruption, and to secure it with all reasonable means available. Furthermore PACKED does all that it can in order to restrict any possible discomfort caused by technical errors. PACKED can not exclude the possibility that wrong technical manoeuvres or non-permitted interventions may take place, or that so-called viruses are introduced. For this reason, PACKED can not guarantee you that the access to the website will not be interrupted in any way, or that you will not experience any hindrance.

For the above mentioned reasons, PACKED can not be held accountable for such errors, functional interruptions, incidents and problems that can be the consequence of any access and/or the use of the website or the external websites of third parties and the consequential damage.

In addition, you acknowledge and accept the right of PACKED to interrupt the access to the website at any given time and without preliminary warning, amongst others for, but not limited to, the following reasons: tracing or suppressing possible cases of abuse and/or fraud, solving technical or operational errors of functioning, in case of a final demand and notice of a court because of a suspected violation of the (intellectual) rights of third parties, or in case of discontinuation of the activities of PACKED due to sale or closure, etc.

Such interruptions are essential to update and improve the website, and to guarantee a regular technical maintenance and the updating of the content. In no case PACKED can be held accountable for any disadvantage you would suffer because of such interruptions.

PACKED is producer of the Database(s) that is available on the website and in consequence is protected by the Law of 31 August 1998 adopted by the European Directive of March 11 1996 on the legal protection of databases in the Belgian Law.

All rights granted by these terms of use are exceptional rights related to the property rights of the makers and producers and are therefore to be interpreted restrictively.

All rights which have not been explicitly mentioned in these terms of use, are reserved to PACKED or to the right holding third parties.

The ownership of and author’s rights on the database(s) belong to PACKED.

The ownership of and the intellectual property rights on the contents of the database(s) belong to the owner(s) of the particular content. The content of the database(s) is possibly protected by the applicable author’s laws or other laws and treaties regarding intellectual property.

It is not permitted to reproduce the database(s) and/or to communicate it to the public, unless this reproduction is made for the purpose of use in an administrative or judicial procedure and only concerns a substantial part of the database(s).

Other than that, reproduction or communication is also allowed for the purpose of education or for scientific research, but only when the following conditions are cumulatively met: I
1. f it can be justified that the nature of the goals of such institutions is non-profitable.
2. When no harm has been done to the normal exploitation of the database(s).
3. In as far as this reproduction covers only a substantial part of the database(s).

Each permitted use of information means that you should indicate the source of this information in a clear and visible way. This means that you are obliged to indicate the name of the producer and the name of the database(s), and add the following copyright notice: “© 2009 PACKED vzw (RPR 871.517.086) – All rights reserved”.

Apart from what has been mentioned above, you may not (in any way or with any information carrier available) partly or as a whole, copy, adapt, translate, sell, rent, lend, communicate to the public, or create your own derived works of the aforementioned elements without the explicit and preliminary permission of PACKED (or the particular author).

Confidentiality

All information you transfer to PACKED, including the data or reactions regarding the contents of this website, will be considered as public.

Personal data

All personal data you transfer to PACKED during the registration will be treated and/or processed according to our Privacy Statement. Click here for more information about our Privacy Statement.

Non-renouncement stipulation

The disregard of PACKED to have a statement of these terms of use executed at any time or during a period, or the disregard of PACKED to exercise any right based on these terms of use, can not be interpreted as a renouncement of this statement or of its rights and does not in any way influence the right of PACKED to have this statement executed or have this right exercised at any other time.

Legitimacy of the terms of use

The nullity of one or more statements from these terms of use does not harm the validity, applicability and the binding character of the remaining statements. If one or more statements, based on a law, a regulation or a definitive verdict of an authorised court, are deemed or declared to be invalid, the remaining statements will keep their initial force and scope. The invalid statement will be replaced by a new statement, that will aim for the original goals of the invalid statement as much as possible.

Applicable law and authorised courts

These terms of use are exclusively under the control of Belgian law. The user agrees that only the courts of Brussels are authorised to take knowledge of a dispute on the application or the interpretation of the terms of use, thereby excluding any other court from doing so.

Contact

Questions and/or remarks: .