These terms and conditions (the “Terms and Conditions”) set forth the legally binding terms for accessing, using and visiting any and all web pages and related services and materials of the website http://www.eurocrowd.org (the “Website”) of European Crowdfunding Network. By accessing the Website, You (“You” or the “User”) unconditionally accept the present Terms and Conditions in their entirety. The present Terms and Conditions constitute the agreement between European Crowdfunding Network and the User (the “Agreement”), European Crowdfunding Network is fully owned by European Crowdfunding Network AISBL (European Crowdfunding Network).
“Content” means texts, files, photographs, logo’s, slogans or any other material that is published on the Website;
“Member” means a paying Member who has paid his membership fees;
“User” or “You” means the person using the Website. A User can either be a Member or a person visiting the Website;
“Website” means this website: http://www.eurocrowd.org
3.1 Basic rules
The Website contains discussion groups, information groups, forums, communities and/or other messaging or communication systems. You agree to use the Website exclusively to send and/or receive reports and information that are specific or related to the nature of the Website.
By using the Website, You agree at least to respect the following non-exhaustive list of rules:
1. not to insult, mistreat, stalk, aggravate or threaten anyone, nor to violate the rights of others (especially the rights of the individual, including the right to a private life,) in any way;
2. not to publish, submit, upload to a server, distribute or circulate any topic or element, name or information that is inappropriate, offensive to religious or ethical convictions, racial, libelous, obscene, immoral, unauthorized or that violates any right whatsoever, especially intellectual property rights;
3. not to upload files to a server that contain software or other elements that are protected by intellectual property rights (or by the rights of the individual, including the right to a private life), unless You are a holder of the aforementioned rights, exercise legal control over these rights, or have obtained all the required authorizations;
4. not to upload files to a server that contain viruses, corrupt files or any other comparable software or programs that can impair the operation of another computer;
5. not to participate in or send studies, contests, pyramid systems or chain letters;
6. not to send or post unsolicited messages (‘spam’) to other Members;
7. not to download files that were sent by a User when You know (or should know) that this distribution is illegal or violates its confidential nature;
8. not to make public confidential information or business secrets;
9. not to remove or falsify any statement contained in a file that is uploaded to a server that concerns the author, a legal statement, or any other indication of rights of ownership or that concerns the origin of the source of the software or any other element;
10. not to limit or hinder the normal use of the Website by any other User;
11. not to disclose sensitive information, such as information of racial nature, origin, political or religious beliefs and/or medical data;
12. to acknowledge and guarantee that You use the Website exclusively within the framework of Your commercial and professional activity.
13. to acknowledge that European Crowdfunding Network, at no point in time, has the intention to act as an intermediary in investment services or to enable the intermediation of investment services by others.
14. to acknowledge that at no time European Crowdfunding Network neither asks You to provide financial data related to a public or private offer nor to review such an offer or to provide recommendations on such an offer.
15. to acknowledge the relevant regulation issued by the Belgian financial supervisory authority or any other relevant authority with regard to public or private offerings of securities and expressively guarantee not to use the Website for activities relating to public or private offerings of securities.
Under no circumstances are European Crowdfunding Network, its related partners or corporations, managing directors, principals, agents or employees acting as financial intermediaries, offering public or private securities, providing investment services or intermediating investment services. European Crowdfunding Network does not engage in activities that are intended to bring together investors and regulated firms; European Crowdfunding Network does not intervene toward investors in relation with a public offering, in any capacity on behalf of the offeror, not even temporarily or against compensation of any sort.
European Crowdfunding Network exercises no control nor in any way approves the user-generated Content including the messages or the information that is posted on and/or used in the Website, and consequently European Crowdfunding Network specifically refuses to accept any liability concerning the user-generated Content or any legal claim that results from Your participation in any community on the Website.
You acknowledge that the Website consists of public communication and messages between its Users and that any communication on the Website is not of a private nature. Therefore, You understand and agree that other Users may be able to read Your communication or messages on the Website.
The User is required to regularly update the Content related to its undertaking. European Crowdfunding Network reserves the right to erase, without any prior notice, any and all data uploaded by a User on the Website (i) if no update of the data provided by the User has been made for a period of more than 30 months and/or (ii) if European Crowdfunding Network has been informed by or upon the request of one or more Users, acting in good faith, of the data entered by the User do not constitute the true reflection of the User’s undertaking.
3.3 Use of publicity
Subject to the following conditions, Users are entitled to advertise on the Website. The conditions for publishing banners, buttons, skyscrapers or pop-ups on the Website can be obtained by sending a request the following e-mail address: firstname.lastname@example.org
In addition to the basic rules relating to the use of the Website, publicity sent to other Members should comply with the rules established by the EU Directive 2002/58/EC on privacy and electronic communications, and in particular with the following rules:
1. Publicity and/or direct marketing should be solicited (opt-in) by Users and may not fall under “spam” messages;
2. The right to oppose to future publicity should be mentioned and the means to use this right should be accessible, unambiguous and clear;
3. It is prohibited to provide the e-mail address or identity of third parties for direct marketing purposes;
4. It is prohibited to delete the origin or the (initial) author of the e-mail in order to use the right to block future publicity.
5. Communications of a commercial nature should be clearly identifiable as such and should at all times clearly indicate the name of the natural or legal person on whose behalf the communication was sent.
6. Any promotional offer should be clearly identifiable as such and the conditions thereof should be presented unambiguously.
3.4 Restriction of access, reporting of irregular use and notice and takedown procedure
If a User fails to comply with these Terms and Conditions, European Crowdfunding Network will, if possible, provide a notification thereof to the User concerned. If the User fails to remedy such breach within one (1) day after the notification was sent, European Crowdfunding Network is entitled to temporarily (i) suspend any of its services provided to the User and/or (ii) deny or restrict the User’s access to the Website.
In addition, European Crowdfunding Network explicitly retains all rights to report Users to the competent authorities and to distribute any information in order to comply with all applicable laws or regulations, or to comply with a judicial or administrative order.
In order to enable European Crowdfunding Network to take the required and appropriate measures to restrict access to or to delete any unauthorized or libelous Content, European Crowdfunding Network asks its Users to report any libelous or unauthorised Content that might be accessible on the Website. The Users are requested to use the following e-mail address for this purpose: email@example.com
3.5 Unauthorized Use
You may use the Website only on the condition that You guarantee European Crowdfunding Network that You will not use this Website for unauthorized purposes or goals, nor for violating the Terms and Conditions, applicable laws and/or any contractual provision of the Website.
In addition to the basic rules set forth in Article 3.1, and without limitation thereof, it is prohibited to use the services of the Website for any transaction that results in:
1. illegal access to the data of connected networks, and/or (un)secured communities;
2. damage to the proper operation of the Website or placing at risk the use or the capacity of the transactions of other Users, especially by causing a large amount of unjustified traffic;
3. damage to or destruction of the integrity of the computer data;
4. a violation of any intellectual property right.
In addition to the foregoing, and subject to general and particular criminal rules in any other applicable jurisdiction due to the place where a User is located, You are hereby informed of the following criminal offences for IT abuse under Belgian law:
1. Each person who submits (saved, processed and/or transmitted) data from an IT system to another database or IT system in order to modify, erase or change the data using technological means, and each person who uses such data knowing its origin or the illegal submission and/or fraudulently acquires a benefit or asset using these data, commits an act of fraud and may be held liable for this criminal offence.
2. A person can also be held criminally liable for cracking or hacking, i.e. obtaining illegally access and/or intentionally bypassing the regular access entry to a protected website or a part thereof, and data manipulation, i.e. directly or indirectly inserting, modifying, deleting or changing data by using technological means.
3. Attempting these criminal offences is also criminally sanctioned.
While European Crowdfunding Network attempts to ensure that the Content of the Website has been obtained from reasonably reliable sources, European Crowdfunding Network is neither responsible nor liable for any errors or omissions, or for the results obtained from the use of this Content. The information, products and services included in this Website can contain technical and content-related inaccuracies or typing errors. This Content is subject to periodic change. European Crowdfunding Network and/or its affiliates, employees and suppliers can make improvements and/or changes to this Website at any time.
European Crowdfunding Network and/or its affiliates, employees and suppliers make no statement concerning the appropriateness, reliability, suitability, usefulness and/or exactness of the Content, software, products, services and associated graphics and elements that this Website contains, regardless of its use. All the Content, software, products, services and associated graphics elements are provided ‘as is’, without any type of guarantee and without any warranty of any kind, express or implied, including, but not limited to, warranties of performance, merchantability and fitness for particular purpose, non-infringement or otherwise, including time of performance.
Under no circumstances shall European Crowdfunding Network, its related partners or corporations, managing directors, principals, agents or employees be responsible or liable to the User or anyone else for any decision made or action taken in reliance upon the Content of the Website or for any direct, indirect, incidental, special or general, consequential or other damages whatsoever, even if advised of the possibility of such damages. With the exception of direct damages resulting from gross negligence or willful misconduct, European Crowdfunding Network and/or its suppliers will not be held liable for direct damages, incidents, sanctions in the form of damages awarded, collateral damage, extraordinary damage, indirect damage or any other type of damage, whether material or immaterial, especially for damages resulting from a loss of use, of data or a loss of profits resulting from or related to the use or the operation of this Website, the delay related to the use of this website or the impossibility to use it, the delivery or the lack of delivery of services, or for damages related to any form of information, software, products, services and associated graphics elements that were obtained via this Website or that are the result of the use of this Website, regardless of whether it concerns contractual liability, liability due to an unlawful act or quasi-unlawful act, or whether this liability is based on a liability without fault or other, even if the Website or one of its suppliers would have been informed of the possibility of such damages.
Certain hypertext links in this Website will lead You to external websites that are not under the control of European Crowdfunding Network. European Crowdfunding Network accepts no responsibility or liability for the contents of any third party site to which a hypertext link or any other type of link exists and gives no representation or warranty (express or implied) as to the information contained on any such site. European Crowdfunding Network has no control over the nature and contents of such sites and is not recommending the information they contain nor any third party’s products or services.
5.1 Processing of personal data
In principle Users who are not Members are free to visit parts of the Website without being obliged to provide any of their personal data. However, in order to (i) use certain benefits (such as subscriptions to newsletters) or (ii) participate in certain activities (such as contests or other offers) and (iii) communicate with other Users, Users are sometimes required to provide certain personal data in order to become Members. Further information regarding the different types of personal data that are required is provided on the Website.
Any personal data communicated to European Crowdfunding Network is processed and used by European Crowdfunding Network, Rue Montoyer 51/7, 1000 Brussels, who will, if applicable, act as the data controller within the meaning of the Belgian Act of 8 December 1992 on the protection of private life and processing of personal data (the “Privacy Act”). Such personal data are processed and used by European Crowdfunding Network or any of its affiliates in accordance with the Privacy Act. European Crowdfunding Network or any of its affiliates will process the personal data for the following purposes: (i) the promotion of European Crowdfunding Network’s activities, (ii) management of Members (client management) and (iii) for the performance of agreements European Crowdfunding Network has entered into.
The User hereby gives his free and informed consent to European Crowdfunding Network to process and use any personal data communicated by him to European Crowdfunding Network.
Any User, properly establishing his identity by providing a recto verso copy of his identity card, may, without any charge and by means of signed, dated and written document, request European Crowdfunding Network to communicate all personal data related to him and may require European Crowdfunding Network to rectify the data which would be inaccurate or incomplete. Under the same conditions, any User may ask the Website not to process these data for direct marketing purposes. If the User has an electronic identity card, then also a print-out of the content of the chip or an official certificate of domicile is required to exercise these rights.
The User acknowledges and guarantees to European Crowdfunding Network that he has obtained the undisputed, free and prior consent of any and all persons concerned by any and all personal data communicated by the User to European Crowdfunding Network, such persons being fully informed of (i) all possible and eventual use and conditions of use of such data by European Crowdfunding Network, (ii) their right to ask European Crowdfunding Network to communicate the personal data in its possession and to ask the European Crowdfunding Network to rectify data which are inaccurate, incomplete or wrong, after properly establishing their identity by providing a recto verso copy of their identity, (iii) the coordinates of European Crowdfunding Network, (iv) the categories of recipients of these data, (iv) the right to correct their personal data, (vi) the right to oppose themselves, on demand and without any charge, against the processing and/or use of these data for direct marketing purposes. The User acknowledges and guarantees to European Crowdfunding Network that any data communicated to European Crowdfunding Network are correct and accurate at all times.
For information of a more general nature You can also contact the Belgian Commission for the Protection of Personal Privacy at the Ministry of Justice, Waterloolaan 115, 1000 Brussels (02/542 72 30) (http://privacy.fgov.be) (the “Belgian Privacy Commission”).
5.2 Use of information on the Website
European Crowdfunding Network uses personal information as a basis for notifications to Users, “opt-in” e-mails. User names and e-mail addresses (as well as any additional information that a User may choose to post, e.g. in order to have an interesting profile for participating in any community on the Website) are publicly available on the Website site, unless a User elects to ‘opt-out’ of such display of personal information.
Subject to the foregoing, European Crowdfunding Network may conduct surveys or other studies of its Users base and usage for marketing and planning purposes. With respect to information collected from such surveys or studies, and in the event that responses are to be publicly disclosed, Users will be notified at the time they take the survey and the Website will disclose only aggregate information regarding its Users and not personal information identifying any specific individual. Notwithstanding the foregoing, in cases where surveys allow Users to submit written comments, and where European Crowdfunding Network advises Users of the possibility of such disclosure at the time they take the survey, the Website reserves the right to disclose text information provided by any User through such a survey, provided that no personal information identifying that User is disclosed.
5.3 Disclosure of personally identifiable information with third parties
European Crowdfunding Network will not dispose of personally identifiable information to any third party for any purpose other than those defined in the Terms and Conditions. However, European Crowdfunding Network may disclose Your personally identifiable information in the following circumstances:
(i) sometimes carefully selected third parties are used to provide European Crowdfunding Network with support services in connection with its Website and such parties may, from time to time, have access to Your information to enable them to provide those services to European Crowdfunding Network. In such event, European Crowdfunding Network shall use its best efforts to ensure that such third party processes the data under similar conditions and complies with the legal requirements governing the processing of personal data;
(ii) when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to You, or otherwise injuring or interfering with European Crowdfunding Network’s rights, property or operations, other Users of this site, or anyone else who could be harmed by such activities; or
(iii) when European Crowdfunding Network believes the law requires it, or in response to any demand by law enforcement authorities in connection with a criminal investigation, or civil or administrative authorities in connection with a pending civil case or administrative investigation.
(iv) as permitted by You in Your publishing settings and through Your interactions and communication through the Website.
The User acknowledges and agrees that European Crowdfunding Network is entitled to transfer personal data to third parties, such as its partners and processors, who might be located in non-European countries including the United States of America and Israel. European Crowdfunding Network will seek to it that such third parties will provide an adequate level of protection when processing Your personal data in accordance with the Privacy Act.
European Crowdfunding Network’s Website is about sharing information with others. The Website’s network architecture and Your publishing settings allow You to make informed choices about who has access to Your information. European Crowdfunding Network does not provide contact information to third-party marketers without Your permission.
If the ownership of all or substantially all of European Crowdfunding Network’s business, or individual business units owned by European Crowdfunding Network, were to change, Your User information may be transferred to the new owner so the service can continue operations. In any such transfer of information, Your information would remain subject to the conditions set forth in these Terms and Conditions.
When You use the Website, certain information You post or share with third parties (e.g. a friend or someone in Your network), such as personal information, comments, messages, photos, videos or other information, may be shared with other Users in accordance with the publishing settings You select and may therefore become publicly available. All such sharing of information is done at Your own risk.
European Crowdfunding Network will not be held liable for any processing of personal data carried out by a User. Such processing of personal data will be carried out under the responsibility of that User, who will, as the case may be, act as the data controller within the meaning of the Privacy Act.
5.4 Non-personally identifiable information
European Crowdfunding Network also collects and process non-personally identifiable information in aggregate form to track data and for statistic purposes (the total number of visits to the Website, the number of visitors to each page of the Website, the third party links that are shown in using the Website and the domain names of the Users’ internet service providers, etc.) European Crowdfunding Network uses this information, which remains in aggregate form, to understand how Users use the Website so that European Crowdfunding Network may improve it and the services which are offered.
An Internet Protocol (IP) address is a set of numbers that is automatically assigned to Your computer whenever You log on to Your Internet service provider or through Your organization’s local area network (LAN) or wide area network (WAN). Web servers automatically identify Your computer by the IP address assigned to it during Your session online.
European Crowdfunding Network logs the User’s IP address but shall not link IP addresses to any personally identifiable information. IP addresses of Users are used for systems administration purposes only. European Crowdfunding Network shall use such data in order to establish internal statistics and to improve the quality of the services delivered to the User. In practice, this means that the User’s session will be tracked, but the User will not be identified. However, European Crowdfunding Network may use IP addresses to identify Users when it is necessary to enforce compliance with any legal obligation, the Terms and Conditions, or to protect the Webiste and/or other Users.
The Website makes use of “cookies”. Cookies are small electronic files that are placed on the hard disk of the user’s computer. The Website places cookies only for the purposes of carrying out or facilitating the transmission of a communication over an electronic communications network or providing an information society service explicitly requested by the User, such as registering the User’s acceptance of the general conditions, registering a User’s language selection during a browser session and registering that the User has performed a payment. The User can install his web browser in such a way that his browser provides information about the reception of a cookie or makes it possible to refuse the placing of a cookie. However, the User should be aware of the fact that, if he refused the placing of cookies, some parts of the Website may not function properly or may be inaccessible or the requested information, service or activity may not be supplied.
7 Security and confidentiality
7.1 Password and access code
Any Member agrees to respect the secret and confidential character of his or her password and access code. The Member is fully responsible for each use of these identification elements. In the event of loss, theft or fraudulent use of one of these elements, the Member is obliged to inform the Website in writing as soon as possible.
7.2 On-line communication
Messages that You send to or through the Website by e-mail may not be secure. European Crowdfunding Network recommends that You do not send any confidential information by e-mail. If You choose to send any messages via e-mail, You accept the risk that they may be intercepted, misused or modified by a third party.
7.3 Security of the Website
European Crowdfunding Network uses best efforts to secure the Website. To that end, European Crowdfunding Network operates a secure data network that is protected by industry standard firewalls and password protection. European Crowdfunding Network’s Website has also implemented security measures to protect against the loss, misuse and alteration of Your User data under our control.
Except as outlined below, only authorized employees have access to the information You provide us. Further, we impose strict rules on European Crowdfunding Network’s employees who have access either to the databases that store User information or to the servers that host our services. While we cannot guarantee that loss, misuse or alteration to data will not occur, we make every effort to prevent such unfortunate occurrences.
8 Intellectual property rights
8.1 Legal protection of the Website
Any and all the elements of the Content (such as but not limited to texts, lays out, illustrations, pictures, functionalities) and the Website itself are, among others, protected by national and international rules governing author’s rights, including the Belgian law dated 30 June 1994 concerning the legal protection of copyright and neighboring rights (the “Belgian Copyright Act”). Any reproduction, copy, adaptation, translation, modification, alteration, edition and/or diffusion of all, or a part, of the Website, whatever the form and whatever the means, electronic and/or mechanic, is strictly prohibited without the prior written consent of the copyright owner(s). Any violation of author’s rights may lead to civil and/or criminal proceedings.
8.2 Legal protection of European Crowdfunding Network’s database
European Crowdfunding Network has taken the initiative and the risks to create the European Crowdfunding Network database. The European Crowdfunding Network’s database is an original database integrating independent data in a systematic an original way, the creation of which has entailed a substantial investment. European Crowdfunding Network’s database is, among others, protected by national and international rules governing author’s rights, including the Belgian Copyright Act. Any reproduction, copy, adaptation, translation, modification, alteration, edition and/or diffusion of all, or a part, of European Crowdfunding Network’s database, whatever the form and whatever the means, electronic and/or mechanic, is strictly prohibited without the prior written consent of European Crowdfunding Network.
Furthermore, the content of European Crowdfunding Network’s database is protected by the Belgian Act of 31 August 1998 on the legal protection of the databases implementing the directive 96/9/EC of the European Parliament and of the Council of 11 March 1996. According to these legal provisions, European Crowdfunding Network may prevent extraction and/or reutilization of the whole or of a substantial part of the contents of European Crowdfunding Network’s database and may specify to lawful users which parts of European Crowdfunding Network database such lawful users are authorized to extract and/or re-utilize. Lawful users of European Crowdfunding Network’s database may not undertake any action which conflicts with the normal use of the database or which would cause unreasonable prejudice to the legitimate interests of European Crowdfunding Network.
Violation of European Crowdfunding Network’s database rights may lead to civil and/or criminal proceedings.
8.3 Legal protection of the Content
When the User provides or uploads Content (such as texts, logos, drawings, pictures, images, sounds, audio, video and audiovisual files (such as on or in which the User himself or any other individuals appear)) to the Website or data (such as names and e-mail addresses of himself or other individuals), then he:
1. grants to European Crowdfunding Network, without any charge and for the duration of copyright under Belgian law, a worldwide, irrevocable, non-exclusive, transferable and sub-licensable right to, wholly or partially, in any form, in any way and on any medium (including the Website), separately or in combination with any other works, use, reproduce, communicate to the public, arrange, adapt, modify, film, make images, photographs or drawings of, translate, make available, exploit, distribute, commercialize, possess or offer for commercial purposes, put into commerce, sell, disseminate, rent, lend and/or integrate in the Website or another website or medium, the Content. To the extent permitted by law, the User refrains from exercising his moral rights against European Crowdfunding Network for the Content he has uploaded to the Website;
2. warrants that he is entitled to do so and grant said rights and that the Content, the provision and uploading thereof and the granting of said rights do not violate any intellectual or industrial property rights, privacy rights, rights of image or any other rights of any third party. If any third party makes a claim or initiates any legal proceedings against European Crowdfunding Network in connection herewith because of an alleged violation of any right of that third party, then the User will, at his own costs and at the European Crowdfunding Network’s first request, provide European Crowdfunding Network with all possible information, help and assistance (i.e. voluntarily intervening in a negotiation, mediation or proceedings) which enables European Crowdfunding Network to optimally defend itself, and integrally compensate European Crowdfunding Network for any compensations, fines, costs and other damage (including attorneys and experts fees and costs) in connection with or arising out of such claim or proceedings.
9 Term and Termination
9.1.1 For Users who are not a Member
As regards the Users who are not a Member, this Agreement is valid for an indefinite period.
9.1.2 For Members
As regards to Members, this Agreement is valid for an indefinite period.
European Crowdfunding Network may terminate this Agreement by e-mail notification, without any prior recourse to the court and without any further notice, if;
a) the User materially and repeatedly fails to perform any of its obligations under this Agreement, and such failure is not substantially rectified within one (1) day after written notice from European Crowdfunding Network to the failing party reasonably specifying the nature of the failure;
b) the User defaults in the timely payment of any amount due to European Crowdfunding Network pursuant to this Agreement, and does not cure such default within ten (10) days after being given written notice by European Crowdfunding Network, such notice specifying the termination date.
Termination of this Agreement pursuant to Article 9.2 above, will not affect any licenses granted by the User pursuant to Article 8.3.
10.1 Changes to the Terms and Conditions
European Crowdfunding Network preserves the right to adapt and amend all Terms and Conditions of access and/or use of its website and the User obliges himself to consult any and all Terms and Conditions, mentioned above, before each use of the website. Any access and/or use of the Website implies the agreement of the User on the content of any and all Terms and Conditions in force at the moment of access and/or use.
10.2 No waiver
The failure of the Website to exercise or enforce any right or provision of the Terms and Conditions shall not operate as a waiver of such right or provision.
10.3 Suspension and/or removal of Content
With a view to improving or maintaining quality of the Website, European Crowdfunding Network may, without notice, suspend access to this Website in whole or in part, or temporarily or permanently suspend or remove some Content. Under no circumstances will such suspension or removal result in any compensation.
In case a provision or a condition provided in these Terms and Conditions becomes, for whatever reason, invalid or unenforceable, this will not affect the validity and enforceability of the other provisions of the Terms and Conditions. The User accepts that a similar condition will apply, that is as close as possible with the purpose and consequences of the invalid or unenforceable provision.
10.5 Governing law and jurisdiction
Any dispute relating to or resulting from, directly and/or indirectly, the use of, the (lack of) access to, the visit of and the (illegal or prohibited) use of the Website are governed solely by Belgian law. The Courts of Brussels shall have exclusive jurisdiction over any dispute relating thereto, without prejudice to European Crowdfunding Network’s right of making choice of any other court having jurisdiction on such a dispute under any applicable law.
The use of the Website is not allowed in countries where the totality or a substantial part of the Terms and Conditions, including this paragraph, is not applicable.