Terms and conditions

Terms and Conditions for Barbez.eu websites, services and/or software

If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us.

Introduction

By using Barbez.eu websites, services and/or software, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use Barbez.eu websites, services and/or software.

The owner of Barbez.eu (“we”, “us”, “owner of Barbez.eu websites, services and/or software”, “owner” and “our”) offers you access to his interactive applications, online website(s), and services. These Terms of Service, together with our Privacy Policy and any other policies or additional terms which might apply to certain products or services, govern your use of our website(s) (“Website”) or any of our widgets or other applications (“Applications”) – together, our “Services”, “Software”, “Website” and/or “Websites”.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITES, SERVICES AND/OR SOFTWARE. BY USING ANY OF OUR WEBSITES, SERVICES AND/OR SOFTWARE (OTHER THAN TO READ THESE TERMS OF SERVICE FOR THE FIRST TIME) YOU ARE AGREEING TO ACCEPT AND COMPLY WITH THESE TERMS AND CONDITIONS IN FULL AND WITHOUT RESERVATION. THESE TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME AND WITHOUT PRIOR NOTICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE OUR WEBSITES, SERVICES AND/OR SOFTWARE.

You must be at least 18 [eighteen] years of age to use Barbez.eu websites, services and/or software. By using Barbez.eu websites, services and/or software and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to use Barbez.eu websites, services and/or software

You may view, download for caching purposes only, and print pages, files or other content from the Barbez.eu websites, services and/or software for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from Barbez.eu websites, services and/or software in neither print nor digital media or documents (including republication on another Barbez.eu websites, services and/or software);
  • sell, rent or sub-license material from the Barbez.eu websites, services and/or software;
  • reproduce, duplicate, copy or otherwise exploit material on Barbez.eu websites, services and/or software for a commercial purpose – except for content specifically and expressly made available for redistribution such as screenshots;
  • edit or otherwise modify any material on the Barbez.eu websites, services and/or software – except for content specifically and expressly made available for redistribution such as screenshots;
  • redistribute material from Barbez.eu websites, services and/or software – except for content specifically and expressly made available for redistribution such as screenshots; or
  • republish or reproduce any part of Barbez.eu websites, services and/or software through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use Barbez.eu websites, services and/or software in any way that causes, or may cause, damage to the Barbez.eu websites, services and/or software or impairment of the availability or accessibility of the owner of Barbez.eu websites, services and/or software or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use Barbez.eu websites, services and/or software to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to Barbez.eu websites, services and/or software without the owner of Barbez.eu websites, services and/or software’s express written consent.

This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’

You must not use Barbez.eu websites, services and/or software or any part of it to transmit or send unsolicited commercial communications.

You must not use Barbez.eu websites, services and/or software for any purposes related to marketing without the express written consent of the owner of Barbez.eu websites, services and/or software.

Restricted access

Access to certain areas of Barbez.eu websites, services and/or software is restricted. The owner of Barbez.eu websites, services and/or software reserves the right to restrict access to certain areas of Barbez.eu websites, services and/or software, or at our discretion, entire Barbez.eu websites, services and/or software. The owner of Barbez.eu websites, services and/or software may change or modify policy without notice.

If the owner of Barbez.eu websites, services and/or software provides you with a user ID and password to enable you to access restricted areas of Barbez.eu websites, services and/or software or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

The owner of Barbez.eu websites, services and/or software may disable your user ID and password at the owner of Barbez.eu websites, services and/or software’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to Barbez.eu websites, services and/or software, for whatever purpose.

You grant to the owner of Barbez.eu websites, services and/or software a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the owner of Barbez.eu websites, services and/or software the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or the owner of Barbez.eu websites, services and/or software or a third party (in each case under any applicable law).

You must not submit any user content to the Barbez.eu websites, services and/or software that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The owner of Barbez.eu websites, services and/or software reserves the right to edit or remove any material submitted to Barbez.eu websites, services and/or software, or stored on the servers of the owner of Barbez.eu websites, services and/or software, or hosted or published upon Barbez.eu websites, services and/or software.

The owner of Barbez.eu websites, services and/or software’s rights under these terms and conditions in relation to user content, the owner of Barbez.eu websites, services and/or software does not undertake to monitor the submission of such content to, or the publication of such content on, Barbez.eu websites, services and/or software.

No warranties

YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. Barbez.eu websites, services and/or software are/is provided “as is” without any representations or warranties, express or implied. The owner of Barbez.eu websites, services and/or software makes no representations or warranties in relation to Barbez.eu websites, services and/or software or the information and materials provided on Barbez.eu websites, services and/or software.

Without prejudice to the generality of the foregoing paragraph, the owner of Barbez.eu websites, services and/or software does not warrant that:

  • Barbez.eu websites, services and/or software will meet your requirements; or
  • Barbez.eu websites, services and/or software will be constantly available, or available at all; or
  • Barbez.eu websites, services and/or software will be reliable, error-free, secure, useful, timely, merchantable, fit for a particular purpose; or
  • errors in Barbez.eu websites, services and/or software or its content will be corrected; or
  • the information on Barbez.eu websites, services and/or software is complete, true, accurate or non-misleading.

Nothing on Barbez.eu websites, services and/or software constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

The owner, officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or other entities related to Barbez.eu websites, services and/or software will not be liable to you (whether under the law of contract, the law of torts or otherwise) for any events or “damages” relating to, arising out of the use of, or in any way connected with Barbez.eu websites, contents, services and/or software or these terms of service:

  • to the extent that the Barbez.eu websites, services and/or software are/is provided free-of-charge, for any direct loss;
  • for any indirect, incidental, special, consequential or exemplary loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;

Your sole remedy for dissatisfaction with our Barbez.eu websites, services and/or software including, without limitation, service content is to stop using our websites, services and/or software. Such limitation shall also apply with respect to damages incurred by reason of goods received through or advertised in connection with Barbez.eu websites, services and/or software or any links placed in our services, as well as by reason of any information or advice received through or advertised in connection with Barbez.eu websites, services and/or software or any links placed therein. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party using our services.

These limitations of liability apply even if the owner of Barbez.eu websites, services and/or software has been expressly advised of the potential loss.

Nothing in Barbez.eu websites, services and/or software disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Notwithstanding anything to the contrary contained herein, in no event shall the cumulative liability of owner, officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or other entities related to Barbez.eu websites, services and/or software exceed the lesser of the total payments received from you during the preceding twelve (12) month period. Furthermore, you agree that any cause of action arising out of, relating to, or in any way connected with any of our services or these terms of service must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

Reasonableness

By using Barbez.eu websites, services and/or software, you agree that the exclusions and limitations of liability set out in Barbez.eu websites, services and/or software disclaimer are reasonable.

If you do not think they are reasonable, you must not use Barbez.eu websites, services and/or software.

Other parties

You accept that the owner of Barbez.eu websites, services and/or software has an interest in limiting personal liability of himself. You agree that you will not bring any claim personally against the owner of Barbez.eu websites, services and/or software’s officers or employees in respect of any losses you suffer in connection with the Barbez.eu websites, services and/or software.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in Barbez.eu websites, services and/or software disclaimer will protect the owner of Barbez.eu websites, services and/or software’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the owner of Barbez.eu websites, services and/or software.

Unenforceable provisions

If any provision of Barbez.eu websites, services and/or software disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of Barbez.eu websites, services and/or software disclaimer.

Indemnity

You hereby indemnify the owner of Barbez.eu websites, services and/or software and undertake to keep the owner of Barbez.eu websites, services and/or software indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the owner of Barbez.eu websites, services and/or software to a third party in settlement of a claim or dispute on the advice of the owner of Barbez.eu websites, services and/or software’s legal advisers) incurred or suffered by the owner of Barbez.eu websites, services and/or software arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to the owner of Barbez.eu websites, services and/or software’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the owner of Barbez.eu websites, services and/or software may take such action as the owner of Barbez.eu websites, services and/or software deems appropriate to deal with the breach, including suspending your access to the Barbez.eu websites, services and/or software, prohibiting you from accessing the Barbez.eu websites, services and/or software, blocking computers using your IP address from accessing the Barbez.eu websites, services and/or software, contacting your internet service provider to request that they block your access to the Barbez.eu websites, services and/or software and/or bringing court proceedings against you.

Variation

The owner of Barbez.eu websites, services and/or software may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of Barbez.eu websites, services and/or software from the date of the publication of the revised terms and conditions on Barbez.eu websites, services and/or software. Please check this page regularly to ensure you are familiar with the current version.

Assignment

The owner of Barbez.eu websites, services and/or software may transfer, sub-contract or otherwise deal with the owner of Barbez.eu websites, services and/or software’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the owner of Barbez.eu websites, services and/or software’s Privacy Policy constitute the entire agreement between you and the owner of Barbez.eu websites, services and/or software in relation to your use of Barbez.eu websites, services and/or software, and supersede all previous agreements in respect of your use of Barbez.eu websites, services and/or software.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Kingdom of Belgium, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Kingdom of Belgium.

You can contact the owner of Barbez.eu websites, services and/or software using the link at the top of Terms and Conditions document.