1.1 USE OF THE WEBSITE yourseahome.com OF THE COMPANY Your Sea Home IS SUBJECT TO PRIOR ACCEPTANCE OF THE CONDITIONS PROVIDED BELOW.
1.2 THESE TERMS OF USE (BELOW THE "TERMS") GOVERN YOUR USE OF THE SITE yourseahome.com, CONTENT (AS TEXT, DATA, INFORMATION, SOFTWARE, IMAGES OR PHOTOGRAPHS) THAT ARE MADE AVAILABLE BY Your Sea Home AND ITS SUBSIDIARIES (COLLECTIVELY ‘Your Sea Home’) ON THE WEBSITE (COLLECTIVELY, ‘MATERIALS’) AND THE SERVICES (‘SERVICES’) WHICH MAY BE PROVIDED BY Your Sea Home THROUGH THE WEBSITE.
1.3 THE WEBSITE yourseahome.com, MATERIALS AND SERVICES WILL BE DEFINED HEREINAFTER AS THE “WEBSITE” OR AS THE “SITE” OR AS yourseahome.com.
2.1 Your Sea Home SPRL (AC EU CONSULT), registration number n° BE0675.724.863, with headquarter located at Avenue Montjoie 23, 1180 Bruxelles, BELGIUM (tel: +32 (0) 493503996; mail: info@yourseahome.com) is the owner of yourseahome.com.
2.2 The Website is restricted to the exclusive personal, non-commercial use of the user.
2.3 It is strictly forbidden to use the Website for any other purpose, including for reuse on another site not owned by Your Sea Home or, in general, within any IT environment which does not belong to Your Sea Home.
2.4 In addition, and in general, it is strictly forbidden to copy, reproduce, modify, publicly display, publicly perform, or distribute all or any parts of the Website.
2.5 Any unauthorized use of the Website will be a breach of these Terms and may constitute an infringement of the laws of copyright and trademark, and other laws, such as laws on patents.
2.6 Your Sea Home draw the attention of the user on the fact that the breach of laws on intellectual property (copyright, trademarks, patents ...) is not only a civil fault that may expose the offender to pay damages to Your Sea Home, but is also considered in most OECD states, as a criminal offense.
2.7 It is Your Sea Home’s standard policy to pursue those who violate its intellectual property.
3.1 “Confidential Information” means information or materials collected on the Website. However, the Confidential Information will not include, or will cease to include, as applicable, information or materials that (i) were generally known to the public on the disclosure date; (ii) become generally known to the public after the disclosure date, other than as a result of the act or omission of the receiving Party; (iii) were rightfully known to the receiving Party prior to its receipt thereof from the disclosing Party; (iv) the receiving Party lawfully received from a third Party without that third Party’s breach of a confidentiality obligation; or (v) are independently developed by the receiving Party.
4.1 The receiving Party must not (i) disclose any Confidential Information to any third Party other than as allowed hereunder; (ii) make any use of Confidential Information except in the context of these Terms of Use; or (iii) make Confidential Information available to any of its bound or related/associated companies as per laws of Belgium, employees, representatives, consultants or suppliers except those that have signed an agreement containing disclosure and use provisions similar to those set forth herein and have a “need to know” in the context of these Terms of Use (“Authorized Recipients”).
4.2 Each Party is liable to the other Party for any breach of these Terms of Use by its Authorized Recipients. The receiving Party will use the same standard of care to protect the disclosing Party’s Confidential Information as it applies to its own information and materials of a similar nature, but not less than reasonable care.
4.3 Notwithstanding anything herein to the contrary, the restrictions on disclosure and use set forth herein shall not restrict or limit the right of the receiving Party to (a) independently design, develop, acquire, market, service or otherwise deal in, directly or indirectly, products or services competitive with those of the disclosing Party; or (b) assign personnel for any purpose.
4.4 The receiving Party may disclose Confidential Information pursuant to a valid judicial or governmental order, provided that, prior to such disclosure, the receiving Party must notify, and reasonably cooperate with, the disclosing Party in advance so that the disclosing Party has an opportunity to request confidential treatment or other available protection.
5.1 The user undertakes not to use the Website yourseahome.com (including any Materials or services obtained from the website yourseahome.com :
5.1.1 In a manner that violates any law or regulation, including international treaties. OR
5.1.2 In a manner that would interfere in any way whatsoever with the normal functioning of the Site yourseahome.com, servers or
networks connected to the Site yourseahome.com. OR
5.1.3 To monitor, harass, cause harm to a third party or violate the rights of a third-party. OR
5.1.4 To conceal his identity or to impersonate another person.
5.2 The use of data mining tools, robots or other methods of extraction or collection of data on the Site yourseahome.com is also prohibited, as well as any act of hacking, such as theft of password, content modification or unauthorized access to computer systems hosting the Site.
6.1 The user's attention is drawn to the fact that if registered on the Site yourseahome.com to create an account or contact that Your Sea Home via the Site to obtain products or services Your Sea Home may collect personal information about him/her.
6.2 The use by Your Sea Home personal data of users of the Site is governed by the privacy policy of Your Sea Home, which is an integral part of these Terms of Use. The user may create a free account on the Website. The user agrees to provide on the Site only true accurate current and complete information, and to keep the information updated as long as it will have an account on the Site.
6.3 In the context of the use of his personal account, the user must keep his password confidential and bears full responsibility for the activities carried out with it. The user expressly agrees to immediately notify Your Sea Home of any unauthorized use of his password.
6.4 Your Sea Home reserves the right to request the user to change its password if Your Sea Home believes that it is not appropriately secured.
7.1 Subject to section ‘DISCLAIMER AND LIMITATION OF LIABILITY’ below, Your Sea Home reserves the right to terminate, suspend or modify the user registration and access to all or part of the Site without prior notice, at any time, without giving any justification.
7.2 The user may also stop using the Site yourseahome.com at any time.
7.3 In case of non-compliance with any of these conditions, Your Sea Home reserves the right to remove automatically access to the Site yourseahome.com for the user which must immediately destroy any downloaded or printed materials, and any copies thereof.
8.1 The Website yourseahome.com is made available for free, and AS IS. The user acknowledges being fully aware of this situation and declares that he/she fully accepts it.
8.2 The user who wishes to have free access to the Website acknowledges accordingly bearing all risks associated with the use of the Website.
8.3 Your Sea Home disclaims all representations and warranties, including, without limitation, any express or implied warranty.
8.4 Further, Your Sea Home does not warrant neither that the Website will meet the expectations of the user (who may choose to use any other equivalent website) nor that it will be available, up to date, secure and free from defects.
8.5 Your Sea Home does not guarantee that any defect will be necessarily corrected and provides no warranty as to the results obtained from the use of the Website. Your Sea Home also declines all liability with respect to the reliability of the Materials contained on the Site.
8.6 Furthermore, should Your Sea Home be held liable despite the complete disclaimer and limitation of liability referred to in the preceding paragraph and its informed acceptance by the user, the following limitation of liability would apply.
8.7 Your Sea Home can under no circumstances be liable for consequential damages resulting from a defect or fault any in connection with the Site.
8.8 In addition, the responsibility of Your Sea Home, for any reason whatsoever and for any damage, is expressly limited in any case to a lump sum of 50EUR.
9.1 Your Sea Home reserves the right to modify, suspend or terminate the Website yourseahome.com at any time and without prior notification.
10.1 On some Website yourseahome.com (e.g. pages of discussion forums) pages, the user has the opportunity to submit comments, information, data, text, software, music, photographs, images, videos and other materials (hereinafter "Information provided by the user" or "Information").
10.2 When the user submits the information, it grants Your Sea Home a non-exclusive, worldwide, irrevocable, perpetual, transferable license to:
10.2.1 Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and display publicly or all of the information
(and subsequent amendments) transmitted in any format or medium now known or later developed, and to
10.2.2 Use (and permit others to use) the Information transmitted in any manner and for any purposes whatsoever (including but not
limited to commercial purposes) that Your Sea Home deems appropriate in its sole discretion (including but not limited to, the
integration of all or part of the Information and its changes to a technology, product, or service).
10.3 The remuneration of this license is made for each operating mode, by the right to use freely the Site granted to the user by Your Sea Home. Your Sea Home reserves the right to use the Information for purposes of advertising and promotion. Your Sea Home may, but need not, make a preliminary review of Information transmitted or monitor Website pages yourseahome.com on which such Information may be transmitted.
10.4 The user is solely responsible for the Information it provides. Your Sea Home Is not required to host, display or dissemination of the Information transmitted by the user on the Website yourseahome.com. Your Sea Home may eliminate or reject this Information at any time for any reason whatsoever. Your Sea Home cannot be held responsible for loss, theft or damage of any kind caused to third parties by the Information transmitted by the user.
10.5 The user acknowledges and agrees that the Information it transmits will be considered non-confidential and free access and Your Sea Home is free to disclose to third parties in respect of personal data protection regulations.
10.6 When the user submits the Information, he/she represents and warrants that:
10.6.1 He/she is 18 years old or at least 13 years old, and in this case, has the consent of its parents to use the Site.
10.6.2 he/she has all the rights to the Information (including audio, video and digital copyright) and is able to transfer them under as
provided under the previous paragraph;furthermore, the user waives voluntarily all moral rights that may be linked to the Information
which is communicated.
10.6.3 The Information is not, to his/her knowledge, false, inaccurate or misleading.
10.6.4 The Information does not violate any law (including laws concerning consumer protection unfair competition or false
advertising) or, in general, any third party rights.
10.6.5 The Information is not defamatory, does not incite hatred, is not racist and does not affect an ethnic group or religion or is not
based on other illegitimate prejudices, it also ensures that Information is not offensive or intrusive to the privacy of others and do not
constitute a threat or unlawful harassment of any person whatsoever; finally it ensures that Information is not pornographic or obscene.
10.6.6 He/she will not seek any reward or recognition in exchange for the Information he/she makes available, except the right to
use freely the Websites in accordance with these Terms.
10.6.7 The Information does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files or, in
general, any illegal content or content potentially harmful to others.
11.1 Links contained on the Website yourseahome.com and leading to third-party websites are offered only for information purposes and without any guarantee. Your Sea Home is not required to monitor the content of third-party sites and is not responsible for those sites. Access to third-party sites falls under the full and sole responsibility of the user.
11.2 The user has the ability to create links to this Site provided that he/she complies at all time with these Terms and in particular with the conditions set out below:
11.2.1 The user can establish a link to any Material (including Your Sea Home’s logo), but does not have the right to reproduce it.
11.2.2 Users must not mislead third parties as to the nature of his relationship with Your Sea Home.
11.2.3 The user should not suggest that Your Sea Home endorse his actions or the goods or services that may put at the disposal of
others.
11.2.4 Users must not provide false or misleading information concerning Your Sea Home, its products or services.
11.2.5 The user shall not include unpleasant or offensive content or content that would not be suitable for all ages.
12.1 The user agrees to support, indemnify and hold harmless Your Sea Home against all losses or damages (including attorney's fees) arising from any complain or claim filed against Your Sea Home and that would be resulting from a violation of these Terms by the user (or by a person using his account).
13.1 These Terms constitute the complete, exclusive and final text of the agreement between Your Sea Home and the user relating to the use of the Website yourseahome.com. Any alleged prior agreement cannot be opposed to Your Sea Home.
13.2 These Terms and, in general, the relationship between Your Sea Home and the user shall be governed exclusively by law of the judicial district responsible for the registered office of Your Sea Home and any dispute about them is subject to the exclusive jurisdiction of the courts located in the judicial district responsible for the registered office of Your Sea Home.
13.3 If Your Sea Home does not exercise any right or enforce any provision of these conditions, this could never be interpreted as a waiver of such right or provision.
13.4 If any provision of these Terms should be declared invalid by a court of competent jurisdiction, the parties expressly agree that this provision is replaced by a clause having valid effect and as close as possible to the original provision. The cancellation of one or more provisions of these Terms does not invalidate the other, which remain in force.
13.5 The titles of articles contained herein are aimed at increasing the readability of the Terms and have no legal value.
13.6 These Terms, as well as the rights and licenses granted hereunder thereof, may not be transferred by the user and are strictly personal.
13.7 Your Sea Home may modify these Terms at its sole discretion. Your Sea Home, however, will display a message on the changes made on the Website. If the user does not agree with these changes, the user may stop using the Website yourseahome.com. If the user continues to use the Website yourseahome.com after the changes has been made, following the above notification, he/she is deemed to have accepted such changes.