1. ACCEPTANCE OF TERMS
A. This contract, which contains by reference other provisions applicable to the use of HANONYMA.com including among others the additional conditions provided by this contract and which govern the use of certain elements contained on HANONYMA.com, as well as the conditions that apply to its use by users. By using HANONYMA.com from HANONYMA (other than by reading this agreement for the first time), the user agrees to comply with all conditions contained in this agreement. The right to use HANONYMA.com is personal to the user and is not transferable to any other person or entity. The User is responsible for all contract uses (user name and password) and for ensuring that all users of his account fully comply with the provisions of this Agreement. The user will be responsible for protecting the confidentiality of his password, if any.
B. HANONYMA shall have the right to change or terminate any feature of HANONYMA.com including, without limitation, content, hours of availability and equipment necessary for access and use.
2. CHANGE IN CONDITIONS
HANONYMA shall have the right to change or modify the terms and conditions applicable to the user’s use of HANONYMA.com, or to impose new terms and conditions including, without limitation, adding new fees prior to its use. Such changes, modifications, additions or deletions shall be effective following notice on the HANONYMA.com site, by email or by mail or by any other means by which the user shall be notified. Any use of the HANONYMA.com site by the user after the modification of the conditions constitutes acceptance of the changes, modifications or additions by the user.
3. SERVICE DESCRIPTION
Users are responsible for the acquisition and maintenance of the telephone, computers, software and other equipment used to access and use the HANONYMA.com site, as well as the related costs.
5. user behaviour
A. The user must only use the HANONYMA.com site legally. The user shall not post or transmit on or through the HANONYMA site.com an element (1) that violates or infringes the rights of third parties including the right to privacy and publicity rights (2) that is illegal, threatening, abusive, defamatory, vulgar, obscene, profane, (3) that encourages conduct that could be considered criminal or that violates the law (4) or that without HANONYMA’s prior express approval contains advertising or solicitation in connection with products or services of the Company or another entity. Any conduct of a user that HANONYMA believes limits or prevents another user from using the HANONYMA.com Site will not be tolerated. Users may not use the HANONYMA.com site for advertising or commercial solicitations, including but not limited to soliciting users to register for online services competing with those of HANONYMA.
B. The HANONYMA.com site contains elements protected by copyright, trademark names and other personal information including, among others, text, software, photos, videos, images, music and sound and all content of the HANONYMA.com site are protected by copyright as a collective work under international copyright law. HANONYMA owns copyright in the selection, coordination, optimization, arrangement and improvement of the content as well as the original content. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works from, or in any way exploit any content on the Site, in whole or in part. Users may download elements of the site and use them for personal purposes. Except as otherwise provided in the copyright code, no copying, redistribution, retransmission, publication or commercial exploitation of the downloaded material will be permitted without the express permission of HANONYMA and the copyright owners. Notwithstanding permission to copy, redistribute or publish copyrighted material, no change or deletion of the author’s name, trademark legend or copyright notice will be possible. The user acknowledges that he has not acquired any ownership rights at the time of downloading the copyrighted material.
C. The user shall not upload, display or make available on the HANONYMA.com site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the obligation to ensure that an item is not protected by copyright shall remain the responsibility of the user. The user shall be solely liable for any damages resulting from the violation of copyright, property rights or any damages resulting from the submission of such elements. By posting material on the public area of the HANONYMA.com site, the user automatically grants, and warrants that the author of such material has expressly granted, a free, perpetual, irrevocable and non-exclusive right and license to HANONYMA to use, reproduce, modify, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it into other works in any other form, medium or technology now known or later developed during the term of copyright protection protecting such material. The user must also authorize any other user to access, consult, store and reproduce these elements for his personal use. The user grants HANONYMA the right to review, copy, publish and distribute any material made available on the HANONYMA.com site by the user.
6. USE OF SERVICES
The Services may contain e-mail services, bulletin board services, discussion groups, newsgroups, forums, communities, personal web pages, calendars, photo albums, files and/or messaging or communication tools designed to enable the user to communicate with others (each referred to here as a “Communication Service” and collectively as “Communication Services”). The User agrees to use the Communication Services only to post, send and receive content messages that are appropriate, when applicable, in connection with a particular Communication Service. Among other things, and without limitation, the User agrees that he/she will not do any of the following when using the Communication Services:
Use communications services for studies, chain letters, spam or other unsolicited messages (commercial or otherwise).
Defame, insult, harass, stalk, threaten or otherwise violate the legal rights of others such as the right to privacy.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful subject, name, document or information.
Upload or make available files containing images, photos, software or other elements protected by intellectual property laws, including, for example, copyrights, trademarks, unless the user owns or controls these rights or has received the necessary authorization to do so.
Use documents or information including images and photos that are made available through the Services in a manner that infringes any copyright, trademark, patent, trade secret or proprietary right of any third party.
Upload files that contain viruses, corrupted files or other similar software or programs that may damage the operation of computers or the property of others.
Advertise or offer to sell or buy any goods or services for commercial purposes unless Communications Services specifically authorizes such messages.
Download any file uploaded by another user of a communication service that the user should reasonably know cannot be legally reproduced, displayed, provided and/or published in such manner.
Falsify or delete any copyright management information such as author attributions, legal notes or personal designations, origin labels, or the source of the software or other material contained in a uploaded TV file.
Restrict or prevent another user from using and enjoying the Communications Services.
Violate any code of conduct or other principle applicable to a given communication service.
Collect or collect information about others including e-mail addresses.
Violate any applicable law or regulation.
Creating a false identity in order to deceive others.
Use, download or copy or provide (with or without charge) to any person or entity any user directory of the Services or other information about another user or the use of any part of the foregoing.
HANONYMA has no obligation to monitor the Communication Services. However, HANONYMA reserves the right to review the materials posted on the Communication Services and to remove any materials at its sole discretion. HANONYMA reserves the right to terminate access to communication services by a user at any time, without notice, for any reason whatsoever. HANONYMA reserves the right to provide at any time any information it deems necessary to comply with laws, regulations, lawsuits or any request of the government or even
revise, delete or refuse to post any information or material, in whole or in part, at HANONYMA’s sole discretion.
Materials posted on the Communication Services may be subject to restrictions on use, reproduction and/or dissemination; the user is responsible for compliance with such restrictions if he/she downloads the materials.
Warnings should always be used when you transmit identifiable information to an individual through the Communications Services. HANONYMA does not control or endorse the content, messages, information found in the Communication Services and no action resulting from a user’s participation in the Communication Services. The managers and hosts are not the authorized spokespersons for HANONYMA, and their views do not necessarily reflect those of HANONYMA.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
If any of the services require the User to open an account, the User shall submit to the registration process by providing HANONYMA with current, complete and accurate information. The user will also choose a password and a user name. Furthermore, the user will be fully responsible for all operations carried out through his account. The user also undertakes to notify HANONYMA of any unauthorized use or any other breach of security. HANONYMA shall not be liable for any loss incurred by the User as a result of the use of the User’s account or password by any other person, whether or not the User is aware of such loss. However, the user may be held liable for losses incurred by HANONYMA or any other party as a result of the use of his account or password by another person. The user must not use another person’s account at any time.
8. RESTRICTION ON THE USE OF SOFTWARE AVAILABLE ON THE WEBSITE
Any software made available for download from the Services (“Software”) is copyrighted by HANONYMA and/or its suppliers. Use of the software is governed by the terms of the user license agreement, if any, which accompanies or is included with the software (“License Agreement”). The user shall not install any software that is accompanied by or includes the license agreement unless the user has agreed to comply with the terms of the license agreement.
The software is made available for download only for use by end users in accordance with the license agreement. Any reproduction or redistribution of the software contrary to the license agreement is expressly prohibited by law and may lead to civil and criminal liability. Persons who violate the license will be prosecuted by all remedies available by law.
WITHOUT LIMITATION, COPYING OR REPRODUCING THE SOFTWARE TO ANOTHER SERVER OR LOCATION FOR FUTURE REPRODUCTION OR DISTRIBUTION IS EXPRESSLY PROHIBITED BY LAW EXCEPT WHERE SUCH REPRODUCTION OR REDISTRIBUTION IS PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. THE SOFTWARE IS ONLY WARRANTED IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS PROVIDED IN THE LICENSE AGREEMENT, HANONYMA DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WARRANTIES AND CONDITIONS IN CONNECTION WITH THE SOFTWARE, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
HANONYMA MAY, AT YOUR CONVENIENCE, MAKE TOOLS AND UTILITIES AVAILABLE TO YOU AS PART OF ITS SOFTWARE PRODUCTS OR SERVICES FOR USE AND/OR DOWNLOAD. HANONYMA GIVES NO ASSURANCE AS TO THE ACCURACY OF THE RESULTS OR PRODUCTS THAT MAY BE DERIVED FROM SUCH USE OF ANY TOOL OR UTILITY. YOU MUST RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN YOU USE THE UTILITIES OR TOOLS MADE AVAILABLE BY THE SOFTWARE.
9. RESTRICTION ON THE USE OF DOCUMENTS AVAILABLE ON THE WEBSITE
Permission to use the Documents (such as papers, press articles, data sheets and FAQs) from the Services is granted in accordance with the following conditions (1) copyright notices appear on all copies, (2) use of said documents from the Services is informational, non-commercial and for personal use and said documents will not be copied or displayed in a computer network or distributed through any media and (3) no changes will be made to the documents. Accredited educational institutions such as universities, private and public colleges, high schools can download and reproduce materials for distribution in classrooms. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in civil and criminal liability. Persons who violate the license will be prosecuted according to the remedies granted by law.
HANONYMA AND/OR ITS CONTENT PROVIDERS MAKE NO PROMISE AS TO THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED IMAGES THAT ARE PUBLISHED AS PART OF THE SERVICES IN RELATION TO ANY OBJECT WHATSOEVER. ALL DOCUMENTS AND RELATED IMAGES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HANONYMA AND ITS RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SUCH INFORMATION INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF A THIRD PARTY RIGHT. IN NO EVENT SHALL HANONYMA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA AND PROFITS WHATSOEVER BY ACTION OF CONTRACT, NEGLIGENCE OR OTHER OMISSION ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION MADE AVAILABLE BY THE SERVICES.
DOCUMENTS AND RELATED IMAGES PUBLISHED THROUGH THE SERVICES MAY CONTAIN TECHNICAL INFORMATION. THE INFORMATION IS UPDATED PERIODICALLY. HANONYMA AND/OR THE RESPECTIVE SUPPLIERS MAY MAKE CHANGES AND/OR IMPROVEMENTS TO THE PRODUCTS AND/OR PROGRAMS DESCRIBED HEREIN AT ANY TIME.
10. NOTES RELATING TO SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THE SITE
IN NO EVENT SHALL HANONYMA AND/OR THE RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM LOSS OF USE, DATA AND PROFITS WHATSOEVER BY ACTION OF CONTRACT, NEGLIGENCE OR OTHER OMISSION ARISING OUT OF OR IN CONNECTION WITH THE USE OF SOFTWARE, DOCUMENTS, THE PROVISION OF OR INABILITY TO PROVIDE THE SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
11. INFORMATION PROVIDED TO HANONYMA OR POSTED ON ONE OF ITS SITES
HANONYMA does not claim ownership of the materials that the User provides to HANONYMA (including feedback and suggestions), or uploads, posts or submits to any service or its associated services for viewing by the general public or by members of a public or private community, (individually referred to as “Submissions” and collectively “Submissions”). However, by posting, uploading, including, providing and submitting Submissions, User grants to HANONYMA, its affiliates and sublicensees to use User Submissions in connection with their online commerce (including, without limitation, all HANONYMA services including, without limitation, all HANONYMA services), the license rights to copy, distribute, transmit, publicly use, publicly display, reproduce, revise, translate and reformat user submissions, publish the user’s name with the user submissions, and the right to grant license rights to any provider of the Services.
12. WARRANTY Waiver; Limitation of Liability
a. the user expressly acknowledges that the use of the hanonyma.com site is at his sole risk. HANONYMA, ITS SUBSIDIARIES, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT SUPPLIERS MAKE NO WARRANTY THAT THE HANONYMA.com SITE WILL WORK WITHOUT INTERRUPTION AND WITHOUT ERRORS; THEY MAKE NO WARRANTY NO LONGER RESULTS MAY BE OBTAINED FROM THE USE OF THE HANONYMA SITE.com, NI SON EXACTITUDE, SA CREDIBILITY OR CONTENT OF INFORMATION, SERVICES OR PRODUCTS PROVIDED BY THE BIAIS DU SITE HANONYMA.com.
B. THE HANONYMA SITE.com IS PROVIDED BY USERS ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPLICITED OR IMPLIED BETWEEN OTHER WARRANTIES OF TITLE, IMPLIED WARRANTIES OF A MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT FOR IMPLIED WARRANTIES WHICH MAY NOT BE EXCLUDED, RESTRICTED OR MODIFIED IN ACCORDANCE WITH THE LAW APPLICABLE TO THIS CONTRACT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGE OR INJURY CAUSED BY ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION AND UNAUTHORIZED ACCESS, ALTERATION OR USE OF DATA, WHETHER BY BREACH OF CONTRACT, MISCONDUCT, NEGLIGENCE OR ANY CAUSE OF ACTION. THE USER SPECIFICALLY ACKNOWLEDGES THAT HANONYMA IS NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF DAMAGE RESULTING FROM THE FOREGOING REMAINS THAT OF THE USER.
D. IN NO CASE HANONYMA, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISSEMINATION OF HANONYMA.com OR HANONYMA SOFTWARE SHALL NOT BE LIABLE FOR ANY DAMAGE BETWEEN OTHER INDIRECT, CONSECUTIVE, SPECIAL, ACCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM THE USE OR DISABILITY TO USE THE HANONYMA.com SITE. THE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE CONDITIONS SET FORTH ABOVE, NEITHER HANONYMA NOR ITS SUBSIDIARIES, CONTENT PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE AND DURATION OF ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE INFORMATION CONTAINED ON THE HANONYMA SITE.com WHICH THEIR INAUTHENTICITY, OR COMPLAINTS AND LOSSES RESULTING FROM THE USE OF THE SITE OR OCCASIONED BY THE SITE. NONE OF THE ABOVE PARTIES SHALL BE LIABLE FOR ANY CLAIMS OR LOSSES OF ANY KIND THAT THIRD PARTIES MAY SUFFER AS A RESULT OF USING YOUR WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND ANY DAMAGES.
F. FORCE MAJEURE – NEITHER PARTY WILL BE LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS DUE TO REASONS BEYOND ITS CONTROL INCLUDING, WITHOUT LIMITATION, FORCE MAJEURE, WAR, RIOTS, EMBARGOES, STATE REASONS, FIRES, FLOODS, SOFTWARE OR TELECOMMUNICATION INTERRUPTIONS, POWER OUTAGES, NETWORK OUTAGES, SERVICE INTERRUPTIONS BY THIRD PARTY SERVICE PROVIDERS (INCLUDING INTERNET AND TELECOMMUNICATIONS SERVICE PROVIDERS). THE PARTY AFFECTED BY SUCH AN EVENT SHALL NOTIFY THE OTHER PARTY NOT LATER THAN FIFTEEN (15) DAYS AFTER ITS OCCURRENCE. COMPLIANCE WITH THE COMMITMENTS CONTAINED IN THIS CONTRACT WILL BE SUSPENDED FOR AS LONG AS THE EVENT PREVENTS THE AFFECTED PARTY FROM MEETING ITS COMMITMENTS.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS SECTION WILL ALLOW YOU TO LEAVE THE HANONYMA SITE FOR OTHER SITES. THE SITES TO WHICH YOU ARE LINKED ARE NOT UNDER THE CONTROL OF HANONYMA AND HANONYMA IS NOT RESPONSIBLE FOR THE CONTENT OF THOSE SITES OR ANY LINKS CONTAINED ON THOSE SITES OR ANY CHANGES OR UPDATES TO THOSE SITES. HANONYMA IS NOT RESPONSIBLE FOR INTERNET TRANSMISSIONS OR OTHER FORMS OF TRANSMISSION RECEIVED FROM THESE SITES. HANONYMA MAKES ITS LINKS AVAILABLE TO YOU AS A SUGGESTION AND THE INCLUSION OF A LINK TO A SITE DOES NOT IMPLY ENDORSEMENT OF THE SITE BY HANONYMA.
HANONYMA is a distributor (not a publisher) of content provided by third parties or by its users. As a result, HANONYMA has no editorial control over such content. Any opinion, advice, statement, service, offer or other information or content expressed or made available to others by any third party whose content providers, users or other users of HANONYMA.com are those of their respective authors or distributors and not those of HANONYMA. Neither HANONYMA nor any third party who provides information guarantees the accuracy, completeness and suitability of any content, or the merchantability and fitness of the content for any particular purpose.
In many cases, the content on HANONYMA.com constitutes the opinions and judgments of the respective information providers, the user or any other user not under contract with HANONYMA. HANONYMA neither endorses nor is responsible for the accuracy or credibility of any opinion, advice or statement made on the HANONYMA.com site by anyone other than an authorized HANONYMA spokesperson employee while working in his or her official capacity. In no event will HANONYMA be liable for any loss or damage caused by a user’s reliance on information obtained through HANONYMA.com. It is the user’s responsibility to evaluate the accuracy, completion and usefulness of any information, opinion, advice, statement or other content available through HANONYMA. The user is advised to seek professional advice in evaluating any specific information, opinion, advice or other content.
14. UNSOLICITED IDEAS POLICY
NOR HANONYMA OR ANY OF ITS EMPLOYEES ACCEPTS OR TAKES INTO ACCOUNT UNSOLICITED IDEAS, INCLUDING BUT NOT LIMITED TO SUGGESTIONS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIAL CONTENT, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ORIGINAL ARTWORK, SAMPLES, DEMOS OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL DISAGREEMENTS OR DISPUTES WHERE, FOR EXAMPLE, HANONYMA’S MARKETING STRATEGIES ARE SIMILAR TO THOSE SUBMITTED OR SUGGESTED TO IT. WE THEREFORE ASK YOU NOT TO SEND ANY UNSOLICITED IDEAS TO HANONYMA OR ANY HANONYMA EMPLOYEES. IF YOU DO NOT COMPLY WITH THIS CLAUSE, PLEASE BE AWARE THAT HANONYMA GIVES NO GUARANTEE OF CONFIDENTIALITY REGARDING THE TREATMENT OF YOUR IDEAS.
15. SITE CONTENT CONTROL
HANONYMA has the right, but not the obligation, to monitor the content of the HANONYMA.com site including chats and forums to ensure that they are in compliance with this Agreement, the operating rules established by HANONYMA and any laws, regulations or governmental requirements. HANONYMA has the right, in its sole discretion, to revise, refuse to post or remove any material submitted to or posted on HANONYMA.com. Without limiting the foregoing, HANONYMA shall have the right to remove any material that HANONYMA, in its sole discretion, considers to be in violation of the provisions of this Agreement or otherwise objectionable.
16. END OF CONTRAT
HANONYMA or the User may terminate this Agreement at any time. Without limiting the foregoing, HANONYMA shall have the right to immediately terminate the User’s account in the event of conduct on the part of the User that HANONYMA, in its sole discretion, deems unacceptable, or in the event of any breach of this Agreement by the User.
17. MISCELLANEOUS PROVISIONS
This Agreement and any rules governing the HANONYMA.com website established by HANONYMA constitute the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any prior oral or written agreements between the parties with respect to such subject matter. This contract shall be interpreted in accordance with Belgian law, Levels excluding conflict of laws rules. No waiver by any party of any breach or default of this Agreement shall be deemed a waiver of any prior or future breach or default. Section titles are used here for convenience only and will not have legal effect.
18. TRADE NAMES
HANONYMA and its logo are the international registered trademarks of HANONYMA, all rights reserved. All other trademarks appearing on HANONYMA.com are the property of their respective owners. The names of actual companies or products mentioned in this agreement may be the trademarks of their respective owners. Examples of companies, organizations, products, domain names, e-mail addresses, logos, persons and events described here are fictitious. No association with companies, organizations, products, domain names, e-mail addresses, logos, persons and events are intended. All rights not expressly granted are reserved. The brand HANONYMA is administered under the company HUNTEEEZ.com having its registered office at 1380 LASNE.