We reserve the right at any time, and from time to time, with or without cause to:
Any such amendments or changes made will be effective immediately upon us making such changes available on the Website or otherwise providing notice thereof. You agree that your continued use of the Website after such changes constitutes your acceptance of such changes.
To use the Website, your computer or mobile device requires a WIFI or mobile internet connection. The access to such WIFI or mobile internet connection is your sole responsibility. Please make sure that your computer or mobile device meets these minimum system requirements. If your computer or mobile device does not meet these minimum system requirements, we cannot ensure that the Website will function properly. FASEAS will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You shall be solely responsible for maintaining the confidentiality and security of your Account login information such as your password and shall be fully responsible for all activities that occur under your Account. You agree to immediately notify FASEAS of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. FASEAS will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Furthermore, FASEAS may, in its sole discretion, provide you with certain updates of the Website. For the avoidance of any doubt, FASEAS is not obligated to provide you with any updates of the Website.
Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Website, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the Website.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (hereafter collectively the “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Website is owned and controlled by FASEAS or its affiliates, and is protected by copyright, patent and trademark laws, and various other intellectual property rights.
Without prejudice to the paragraphs above, you are allowed to read, view, print, download and copy content on the Website for personal and non-commercial use, provided that you acknowledge that all rights with respect to the Website are reserved by FASEAS. Unless specifically indicated, no other use of the material is permitted. Nothing contained in this Website should be construed as conferring any licence or right under any intellectual property (including software, database, patents, trademarks and copyright) of FASEAS or any third party.
FASEAS claims no ownership in, nor any affiliation with, any third-party trademarks appearing on this Website. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of FASEAS should be inferred from the use of these marks.
In case you need technical support, you can contact webmaster@MCSsolutions.com.
To the maximum extent permitted under applicable law, FASEAS shall only be liable for personal injury or any damages resulting from (i) its gross negligence; (ii) its willful misconduct or (iii) any fraud committed by FASEAS.
By Faseas. EXCEPT AS EXPRESSLY PROVIDED UNDER THIS SECTION AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND IT CONTENT IS PROVIDED ON AN “AS IS” BASIS AND FASEAS MAKES NO REPRESENTATIONS (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, COVENANTS OR REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, SUITABILITY, AVAILABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO YOU BY FASEAS. THE USER ACKNOWLEDGES AND AGREES THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION ON THE INTERNET AND THAT FASEAS IS NOT RESPONSIBLE AND CANNOT BE HELD LIABLE FOR ANY LOSSES OF YOUR DATA, INCLUDING BUT NOT LIMITED TO THE USER CONTENT.
IN ADDITION, FASEAS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRODUCT SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ACTUAL EQUIPMENT MAY DIFFER IN APPEARANCE FROM IMAGES SHOWN. COPYRIGHTS FOR THE PICTURES REPRODUCED HEREIN ARE VESTED WITH THE INDIVIDUAL PHOTOGRAPHERS OR FASEAS, AND MAY NOT BE REPRODUCED IN ANY FORM WITHOUT PRIOR PERMISSION FROM THE CREATORS.
By You. You represent and warrant to FASEAS that (a) you have the authority to enter into this binding agreement personally and (b) that any User Content provided by you is accurate and truthful and shall not (i) infringe any intellectual property rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage FASEAS’ system or data; or (v) otherwise violate the rights of a third party. You furthermore acknowledge and agree that FASEAS is not obligated to back up any User Content. You agree that any use of the Website contrary to or in violation of these representations and warranties shall constitute unauthorized and improper use of the Website for which FASEAS cannot be held liable.
By Faseas. FASEAS shall defend and indemnify you as specified herein against any founded and well-substantiated claims brought by third parties to the extent such claim is based on an infringement of the intellectual property rights of such third party by the Website and excluding any claims resulting from (i) your unauthorized use of the Website, (ii) your or any third party’s modification of any part of the Website, (iii) your failure to use the most recent version of the Website made available to you, or (iv) your use of the Website in combination with non-compatible software or services.
Such indemnity obligation shall be conditional upon the following: (i) FASEAS is given prompt written notice of any such claim; (ii) FASEAS is granted sole control of the defense and settlement of such a claim; (iii) upon FASEAS’ request, you fully cooperate with FASEAS in the defense and settlement of such a claim, at FASEAS’ expense; and (iv) you make no admission as to FASEAS’ liability in respect of such a claim, nor do you agree to any settlement in respect of such a claim without FASEAS’ prior written consent. Provided these conditions are met, FASEAS shall indemnify you for all damages and costs incurred by you as a result of such a claim, as awarded by a competent court of final instance, or as agreed to by FASEAS pursuant to a settlement agreement.
In the event the Website, in FASEAS’ reasonable opinion, is likely to or becomes the subject of a third-party infringement claim, FASEAS shall have the right, at its sole option and expense, to modify the ((allegedly) infringing part of the) Website so that it becomes non-infringing while preserving materially equivalent functionalities.
The foregoing states the entire liability and obligation of FASEAS and your sole remedy with respect to any infringement or alleged infringement of any intellectual property rights caused by the Website or any part thereof.
FASEAS recognizes and understands the importance of your privacy and wants to respect your desire to store and access personal information in a private and secure environment. Please note that FASEAS has to be considered as the “Data Controller” for the processing of any Personal Data via the Website or any part thereof. Please note that FASEAS shall at all time determine the purposes of processing and decide on the allowance to make use of the features and the technical operation of the Website. Furthermore, this implies that FASEAS also (i) determines the instructions on which your Personal Data shall be processed and (ii) provides appropriate technical and organizational measures against any unauthorized or unlawful processing of your Personal Data or its accidental loss, destruction or any unauthorized access thereto.
Please e-mail any questions, concerns or comments regarding the above legal information to (webmaster@MCSsolutions.com) or write to us by mail at Faseas NV/SA, Sneeuwbeslaan 20 bus 3, 2610 Wilrijk, Belgium.
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