Atelier E.B

Cleo’s

1. Preamble

The “Cleo’s” app (hereinafter “Cleo’s” or the “service(s)”) is a platform to exchange ideas, photos, and build a community of interest around art and experiences you enjoy. Cleo’s allows you to upload your photos, to view other users’ photos, and receive information about upcoming events organized by Atelier E.B (hereinafter “AEB” or “we”), and other users.

These General Terms and Conditions of Use (hereinafter “GTCU”) of Atelier E.B and the Personal data protection charter, constitute the entire contractual framework (the “contractual framework”), between the user and AEB concerning the access to and use of the service, applicable to any use of Cleo’s and for anyone who uses “Cleo’s” (hereinafter, “the user” or “you”). It cancels and replaces any prior communication – oral or written – that may have occurred.

It is important to read, understand and accept each of the following terms, as any use or service provision that occurs on Cleo’s is subject to the application of this contractual framework. If you do not agree with the terms hereof, do not use Cleo’s.This Preamble is an integral part of the GTCU.

2. Legal mentions of the service

The service is published by Atelier E.B, the head office of which is at 3a Queen Charlotte Lane, Edinburgh EH6 6AY, UK., registered in the Companies House (the United Kingdom’s registrar of companies) under no. SC487256.

3. Acceptance of the GTCU

You cannot create an account nor use Cleo if you are under 13 years old.

In conjunction with being of this minimum age to use Cleo’s, you state that you are at the age you are fully able and competent to understand, accept, abide by and comply with the contractual framework in the jurisdiction you are accessing Cleo’s from.

If you don’t have the capacity to act legally on your own regarding the contractual framework, the holder of parental responsibility over you must agree to the contractual framework. In this scenario, you must contact us at cleosapp@ateliereb.com. We will then send you a paper copy of the contractual framework through post and instructions to ensure the existence of a valid agreement.

Use of Cleo’s implies unconditional acceptance of the GTCU. If you do not accept or are not able to accept the GTCU, you may not use Cleo’s and shall leave Cleo’s immediately.

4. Terms and conditions of access to the service

4.1 Accessibility

To the extent possible, AEB strives to keep the service available 24 hours a day, 7 days a week.

AEB reserves the right to terminate, suspend or change without notice access to all or part of the service, in order to perform maintenance or upgrades or for any other reasons, including technical reasons, without such actions resulting in any obligation on the part of AEB or entitling you to receive any compensation.

4.2 User account

Creating an account requires the user to identify himself/herself.

Access to the user account is reserved for the user after login using its full name and a password that the user has freely created.

When creating this account and during registration, the user agrees to provide accurate, complete and current information.

You remain solely responsible for the information stored in your account. You may – at any time – add, modify or remove the information stored there.

You acknowledge that the password is strictly personal and confidential. Use of the username and password on the Internet is made at your own risk. It is your responsibility to take all the necessary steps to protect your data against any attack. In this sense, AEB cannot be held responsible for unauthorised access to your account or any changes made to this account.

You can delete your account by following the adequate procedure available on Cleo’s via the ‘delete account’ link in your account settings

4.3 User obligations

By using Cleo’s, you warrant and certify that:

• You have the legal capacity to enter into this contractual relationship;
• You have read and approved these GTCU and are aware of the Personal data protection charter;
• You are liable for any use you make of the service or any use made by any person using your username and password.

You are aware that everything that you post via Cleo’s will engage your sole and exclusive liability.

You therefore acknowledge that you are responsible for content posted on Cleo’s by you or through your account, for all consequences which may arise from your contributions, any breach of your obligations under the applicable legal provisions or pursuant to these GTCU and for all consequences of such a breach.

4.4 Prohibition of illegal and illicit use

You are informed that all laws and regulations in force are applicable on the Internet. You certify that you will not use the service for any unlawful purposes or for any purposes prohibited by law or these GTCU.

Without this list being exhaustive, you shall not:

• Intercept or attempt to intercept any e-mail or other private communication that is not addressed to you;
• Use any means that would result in limiting the peaceful use of the service by a third party;
• Send an e-mail to other Internet users for any reason other than an individual communication and, in particular, use the service as a means of mass communication to communicate a message of a general nature and unsolicited by the recipients;
• Falsely represent you as an employee, representative or agent of AEB;
• Use all or part of the data provided and collected on the service for any commercial purpose.

The content that you provide on Cleo’s may not, without this list being exhaustive:

• Harm AEB’s image or not comply with the Belgian and European legislation in force;
• Be false, inaccurate or misleading (it should, as far as possible, be genuine and verified);
• Be defamatory, unlawfully threatening or harassing;
• Be obscene (pornography, paedophilia), contrary to public order and good morals;
• Include attacks or insinuations based on race, religious beliefs or lack thereof, ethnic origin, gender or sexual orientation;
• Form, without the following list being limiting, incitements to commit crimes and offences; incite discrimination, hatred, violence or suicide because of race, ethnicity and nationality; false information; rumours; undermine the authority of justice; information relating to adoption, trials, suicide or an individual tax situation; defamation and insults; an invasion of privacy; or acts endangering minors, particularly by the manufacture, transport and distribution of messages of a violent or pornographic nature or likely to seriously undermine human dignity;
• Transmit any unsolicited or unauthorised promotional messages (including indulging in spam, sending junk mail, chain letters or any other form of solicitation);
• Contain viruses, Trojan horses or any other computer programme whose aim is to damage, intercept or expropriate the system, data or personal information;
• Infringe the rights of third parties such as intellectual rights and the right to protect their privacy and personal data.

Therefore, you must ensure that all information and/or documents from third parties included in the content that you provide, are used with the prior express consent of the relevant third party.

Depending on your country of origin, you may also be subject to special regulations which you undertake to inform yourself of and respect.

5. Guarantee and liability

The service and its contents are provided “as is” without any express or implied guarantee as to the conditions of their use and/or their availability.

5.1 Quality of the information and content

AEB is only bound by an obligation of means; it bears no obligation of result of any kind whatsoever.

In general, AEB does not guarantee the completeness, comprehensiveness, accuracy, legitimacy, reliability or availability of information content and services offered. AEB will employ all means at its disposal to provide quality content to users but cannot under any circumstances accept any liability for any consequences resulting, in particular, from the use of such services by the users or resulting from the information provided through these services. This information is the responsibility of each user who provides it, configures it, modifies it and controls it.

5.2 Security / access

AEB reasonably and diligently strives to maintain the security and operational integrity of the service by adopting security measures appropriate to the nature of the data and the risks posed by its activities. However, many factors beyond the control of AEB may interfere with the functioning of the service. Therefore, AEB does not guarantee continuous, uninterrupted or secure access to its services. Accordingly, AEB may not, in no case, be liable for interruption of access to the service or for the consequences that may ensue.

AEB can never be held liable for any damages (direct or indirect) or for a temporary or permanent incident that may be caused to the user’s data or hardware when accessing the service or when visiting his/her account or, in general, when downloading onto his/her device the files and software that make up the service. In particular, AEB is not responsible for any viruses that may be transmitted through its service.

AEB is not responsible for the fraudulent use of its distribution resources and disclaims any liability in case of intrusion into its computer systems and data theft, it being understood that AEB implements the appropriate means to prevent such illegal intrusions.

5.3 Updates

Despite efforts to ensure the accuracy of the information and/or documents on the service, AEB disclaims all liability of any kind whatsoever, for any inaccuracies or failure to update information and/or a document present on the service.

5.4 Damage

Within the established legal limits, AEB shall not be liable for damage suffered by the user related to a case of force majeure or in connection with any commercial loss, loss of customers, loss of brand image, commercial problem or any other special, incidental or consequential damage arising out of or in connection with the service or these GTCU.

6. Hyperlinks to other services

The service may link to other services over which AEB has no technical control or control of the content. The existence of a hyperlink to another service does not constitute an endorsement of this service or its content.

Therefore, AEB cannot provide any guarantee as to the completeness or accuracy of the content of these third-party services, any more than with regard to their availability.

AEB disclaims any liability for direct or indirect damage caused as a result of visiting or using the services to which the service refers or due to consulting any information posted on these services. AEB also disclaims any liability for the processing of personal data on these services.

AEB invites the user to read the general terms and conditions and privacy policies of those services.

7. Intellectual property

7.1 AEB Intellectual property

AEB only grants the user a free, personal, non-exclusive and non-transferable right to access and use the service, conditioned by compliance with these GTCU.

The user is thus authorised to use the content of the service for his/her personal information, as a source of information or data collection.

The service (considered as an indivisible whole) and the various elements appearing on the service (such as text, photographs, catalogues, layouts, trademarks, logos, illustrations, specific software, videos) are protected by the intellectual property rights owned by AEB or its licensors. Where required, they have been subject to an authorisation of publication, distribution or right of use acquired from these third parties.

The logo, name of the products, services or company names mentioned on this service may constitute trademarks, trade names, or company names of their respective owners. The user expressly undertakes to respect these intellectual property rights.

Subject to the exceptions provided by law, and without this list being exhaustive, the user shall refrain from: modifying, copying, distributing, transmitting, broadcasting, publishing, granting under licence, transferring, selling, reproducing or having reproduced any or part of the information, software, products or services obtained from the service, temporarily or permanently, by any method, known or unknown, in any medium, without the prior written consent of AEB. Failure to comply with this prohibition constitutes an infringement for which the offending party may be held liable for civil and criminal penalties.

You shall indemnify and defend AEB from and against any and all third party claims, demands, actions, proceedings or suits brought against AEB alleging that the services, or the use thereof by you, infringes or misappropriates any intellectual property and/or image rights, and you will hold AEB harmless from any and all damages, losses, liabilities, costs (including reasonable legal costs), expenses and other amounts to the extent awarded by a court of final jurisdiction relating to any such claim, or agreed to in a monetary settlement of such claim.

You must inform AEB immediately and by registered mail with acknowledgement of receipt of any infringement claim; you must communicate to AEB any information available to you regarding this claim; and you must cooperate with AEB in all matters of the defence, the dispute, or the settlement of the claim.  If you fail to comply with the above, you shall enjoy no recourse under the provisions of this article.

AEB will have no indemnification obligation for infringement claims to the extent arising from your use of the services other than as permitted under the GTCU.

7.2 Your intellectual property

The intellectual property over the content you create, upload and share (photos, texts…) is your own. Unless explicitly mentioned in this article, nothing in this Agreement constitutes, or shall be construed to constitute, any transfer of title or ownership to AEB with respect to your intellectual property including without limitation transfer of any copyrights or intellectual property on photos your upload.

However, for you to be able to upload content on Cleo’s, AEB needs certain authorisations. On any content you upload (photos, texts…) protected by intellectual property rights, you grant us a free, worldwide, personal, non-exclusive and non-transferable right to host, use, modify, transmit, transfer, reproduce, copy without your prior written consent. This right is strictly limited to what AEB needs to ensure Cleo’s functions properly.

You must ensure that you own or have secured all rights necessary to grant the licences and rights that you (or someone on your behalf) grant to us under the GTCU, including:

• Intellectual property rights: you can only upload photos on which you own the right to license the necessary intellectual property rights to do so;
• Image rights: if a person is identifiable on a photo you upload, you must obtain the authorisation of this person (as well as any other person whose authorisation is required) to upload it before you do so, even if you are the author of said photograph and/or own the right to license the necessary intellectual property rights on this photo.

8. Processing of personal data

The user is referred to the Personal data protection charter.

9. Deletion of the account

You can delete your account at any time. Deletion of your account cancels all of our contractual relations with you related to the services, including these GTCU.

AEB may, on its own initiative, delete your account. This deletion of the account may be due to the following reasons, with this list not being exhaustive:

• This deletion on our initiative will be a result of your account not being used for a given period;
• This deletion on our initiative is a temporary or permanent measure taken by us against a suspicious account, for example when we have reason to believe that you are not observing these GTCU;
• This deletion on our initiative may be the result of a request from a third party alleging a violation of its rights, or from a competent authority.

To the extent possible, we will give you prior notice of our decision to delete your account and give you a reasonable amount of notice.

The user may not claim any compensation as a result of the removal of his/her account, even if done erroneously.

After the deletion of your account, we will keep your data and content that you have posted on Cleo’s for as long as the technical operations to delete the account require, and in any case, within the limits and obligations imposed by the applicable laws and the Personal data protection charter.

10. Removal of content

AEB may remove content that you upload in breach of the GTCU. We may not be able to notify you when we remove your content. We invite you to report content or behaviour that you believe violates your rights or this contractual framework.

11. Various clauses

11.1 Modifications of the GTCU

The GTCU may be modified at any time by AEB, without notice, depending on changes made to the service, changes in laws, or for any other legitimate reason.

In the particular case of needing to adapt the service to changes in the law, AEB will make every effort to make these modifications as soon as possible. During this period, the user of the service recognises that AEB may not be held liable for temporary non-conformities.

The new GTCU are posted on 17.09.2018 with reference to the date of the update and are immediately applicable to any user.

The version of the GTCU enforceable between the parties, is available at all times via a link to AEB’s website on Cleo’s.

The user undertakes to keep up to date with these changes by regularly visiting the page of the service where the GTCU are displayed.

11.2 Agreement in relation to Proof

AEB and the user agree that they can proceed to electronically exchange any information needed for the service. Any electronic communication between the parties is presumed to have the same probative force as a communication written on paper. The use of the user’s identifying information enables the service to consider that it is the user himself who is using the service.

A printed version of the GTCU and any warning issued in electronic form will be admissible in any judicial or administrative proceedings related to this contractual relationship, in the same way and under the same conditions as other business documents and records created and saved in printed form.

11.3 Divisibility

If one or more clauses of the GTCU should be declared void, invalid, illegal or unenforceable under applicable law, in whole or in part, such a situation shall not affect the validity of the remaining clauses. The void, invalid, illegal or unenforceable clause shall be replaced retroactively by a valid, enforceable clause which reads as close as possible to that of the original clause.

11.4 Force majeure

Notwithstanding any provision to the contrary, neither party shall be liable for any delay in performing or for the failure to perform its obligations resulting from events of force majeure (such as strike, war, earth-quake, disaster of any kind, direct or indirect effects of explosion, fire, release of heat, flood and other events of force majeure which are external, unforeseeable and unavoidable, such as this concept is defined in Belgian law).

11.5 Relationships

These GTCU shall in no way be construed as a partnership, a joint venture or any other association between you and AEB, and neither party may be considered the agent or employee of the other.

In case of a dispute between the users of the service or between the users and a third party, AEB has no obligation to become involved. You release AEB, its directors, employees and other members of any action and damages of any nature whatsoever, known or unknown, relating to such conflicts to which it is linked.

11.6 Notification

Any communication or notification to the user shall be valid if it is sent to the e-mail address he/she has provided, even if it is no longer valid.

11.7 Applicable law and jurisdiction

The GTCU are governed by and interpreted in accordance with Belgian law.

Any dispute concerning the use of this service and the validity, interpretation, performance or non-performance of these GTCU shall be referred to the exclusive jurisdiction of the Belgian courts, and this applies to any type of procedure.