TERMS AND CONDITIONS
Subject & Scope
Registration & Use
Restrictions to the use of FRAGMENTZ
Consequences of violations
Application availability, security, backup and third party links
Intellectual Property Rights
Section 1 – Subject & Scope
1.1 These terms and conditions regulate your use of a web application called FRAGMENTZ which consists of a website www.FRAGMENTZ.com, including the underlying database, information, updates, etc. hereinafter referred to as “FRAGMENTZ” or “the Application” as managed by BVBA Food4Inspiration, with registered office at Gontrode Heirweg 199, 9090 Melle, and registered in the Belgian Crossroad Bank for Enterprises with number 0643.756.534.
1.2 Please read the terms and conditions carefully before accessing and using the Application.
1.3 FRAGMENTZ is an online platform with a focus on food and beverage. The Application allows you to create a user account and access the Application and the Content provided on FRAGMENTZ, consisting of, but not limited to photo’s, recipes, etcetera … (hereinafter referred to as “the Content”).
1.4 Access to the Application is subject to the payment of a yearly or monthly subscription fee , as selected during registration of your user account.
1.5 The Application is available to both desktop and handheld mobile devices running on iOS or Android operating systems. In order to use the Application, you are required to have a compatible desktop and/or mobile device, internet access, and the necessary minimum specifications (“Software Requirements”).
1.6 The Software Requirements are as follows:
- iOS 9 or higher;
- Android OS Marshmellow or higher
1.7 The version of the Application software may be updated and/or upgraded from time to time to add support for new functions and services.
1.8 By creating a user account, paying the related subscription fee and accessing the Application, you explicitly accept these terms and conditions.
1.10 Your right to use the Application pursuant to the provisions of these terms and conditions will continue until you remove the Application from your device, stop payment of the subscription fees or terminate your user account, unless your user account is otherwise terminated by FRAGMENTZ in accordance with these terms and conditions.
Section 2 – Registration & Use
2.1.2. Only individuals thirteen (13) years of age or older are allowed to register and create a user account. If you are between the ages of thirteen (13) and eighteen (18) you must review these terms and conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these terms and conditions. Should your parent or legal guardian not acknowledge and agree to these terms and conditions, you should uninstall the Application and discontinue its use.
2.1.3. You will be required to use a password. You must not reveal your password and take reasonable steps to keep your password confidential and secure. You agree to immediately notify FRAGMENTZ if you become aware of or have reason to believe that there is any unauthorized use of your password or account or any other breach of security. FRAGMENTZ is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of its control or due to your failure to maintain their confidentiality and security.
2.2.1. Upon correct registration, the creation of a user account and subject to the payment of the subscription fee, you can access the Application and use FRAGMENTZ to the fullest, making use of its features.
2.2.2. You acknowledge that the use of FRAGMENTZ is entirely at your own risk.
Section 3 – Restrictions to the use of FRAGMENTZ
3.1. General obligations
3.1.1. You can use FRAGMENTZ exclusively for lawful purposes and in accordance with the applicable legal requirements and the present terms and conditions.
3.1.2. You are exclusively and without limitation responsible for your use of FRAGMENTZ and/or your user account. You are also exclusively and without limitation responsible for your conduct and any Content made available on or through FRAGMENTZ.
3.2. Specific restrictions
- You may not create sexually suggestive, vulgar, racist, sexist, discriminatory, offensive, harmful, hateful or political Content.
- You must comply with all local laws regarding online conduct and acceptable Content.
- You must not modify, adapt, copy, reproduce or hack FRAGMENTZ or modify another platform and/or mobile application or website so as to falsely imply that it is associated with FRAGMENTZ.
- You must not access FRAGMENTZ's private API by any means other than FRAGMENTZ itself.
- You must not crawl, scrape, or otherwise cache any Content from FRAGMENTZ.
- You must not transmit any worms or viruses or any code of a destructive nature to FRAGMENTZ.
While FRAGMENTZ prohibits the aforementioned conduct and any illegal or infringing Content on its platform, you understand and agree that FRAGMENTZ cannot be responsible for the Content posted on FRAGMENTZ and you nonetheless may be exposed to such Content by other users.
Section 4 – Consequences of violations
4.1. Without limiting other remedies, FRAGMENTZ has the right to take measures against a user, such as yourself, where specific evidence suggests that the user, through his or her use of FRAGMENTZ, violates or has violated applicable law and/or these terms and conditions.
4.2. If FRAGMENTZ should learn of evidence for breaches of duty on the part of a user, e.g. through complaints from third parties, FRAGMENTZ can remove the concerned Content immediately.
4.3. Without any right for the user to claim damages, without being exhaustive and at its sole discretion, the sanctions that FRAGMENTZ can place on a user include the following:
- issue a written warning to the user, demanding the violation is immediately ceased.
- limit, suspend, restrict or terminate the use of FRAGMENTZ.
- remove Content and any user account containing Content that FRAGMENTZ determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or if it violates any (third) party's intellectual property rights or these terms and conditions.
- take technical and/or legal steps to keep that user from using FRAGMENTZ resulting in the termination of the concerned user account.
- exclude the user from any use of FRAGMENTZ in the future.
Section 5 –Application availability, security, backup and third party links
5.1 FRAGMENTZ strives to make the Application available to you 7 days a week and 24 hours a day. However, due to the nature of software and hardware development and online activities in general, an uninterrupted availability of FRAGMENTZ cannot be guaranteed. The availability of FRAGMENTZ or your access to FRAGMENTZ can occasionally be suspended or restricted for technical and/or other reasons, to allow repairs, upgrades or maintenance, or to introduce new features. In this event FRAGMENTZ shall on no account be liable for such interruptions and for the consequences that might result from any such interruption for you or for any third party.
5.2 FRAGMENTZ ensures to the best of its capabilities that FRAGMENTZ is free of unauthorized bugs, viruses, Trojan horses and spyware. However, there is still the possibility that these may be found. FRAGMENTZ can on no account be held liable for any resulting damage and/or loss to the user or any third party. FRAGMENTZ strenuously advises anyone accessing the Application to install firewalls, antivirus software and other necessary protection software on his/her devices.
5.3 FRAGMENTZ will not be liable to you for any modification, suspension, or discontinuation of FRAGMENTZ, or the loss of any Content.
Section 6 - Termination
6.1 FRAGMENTZ may terminate the use of the Application at any time by giving notice of termination to you.
6.2 Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Application.
6.3 If you or FRAGMENTZ terminate the use of the Application, or if FRAGMENTZ suspends your access to the Application in accordance with the provisions of these terms and conditions, you agree that FRAGMENTZ shall have no liability or responsibility to you and FRAGMENTZ will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
Section 7 – Intellectual Property Rights
7.1. Uploaded Content
7.1.1. FRAGMENTZ does not claim any ownership with regards to the Content that is made available, is posted or shared on or through FRAGMENTZ by you or any of the users.
When you provide and/or upload Content to FRAGMENTZ, it is however explicitly agreed that you grant FRAGMENTZ a non-exclusive, universal, perpetual, irrevocable, royalty-free, fully transferable and sub-licensable license to use, reproduce, translate and/or modify the Content and/or parts thereof for commercial, promotional and any other purposes in any format and using any media, at FRAGMENTZ’s sole discretion. This license encompasses all copyright, neighboring rights, publicity, trademarks, database rights and intellectual property rights in the Content or related to the Content.
You fully agree and understand that in case of termination, on whatever grounds, you will no longer have access to your uploaded content through FRAGMENTZ.
7.1.2. You represent and warrant that you own the Content provided for or uploaded to FRAGMENTZ or you have the right to grant the license set forth in this section.
7.1.3. To the fullest extent permitted under applicable law, you waive all moral rights and promise not to assert such rights against FRAGMENTZ.
7.1.4. You represent and warrant that none of the following infringe any third party intellectual property right: your provision of Content to FRAGMENTZ, your posting of Content using FRAGMENTZ on social media, and our use of such Content (including works derived from it).
7.2. FRAGMENTZ’s Intellectual Property Rights
7.2.1 Any and all data, information, company logos, texts, programs and images of advertisements placed on or through FRAGMENTZ by FRAGMENTZ might be subject to intellectual property rights, including but not limited to copyright, neighboring rights, trademarks, database rights and any other (intellectual) property rights. The modification, further processing and usage by you, any other users and/or third parties in media of any kind is not permitted without prior consent in writing by FRAGMENTZ and/or the proprietor of the concerned (intellectual) property right.
Section 8 – Limited liability
8.1 All Content posted on FRAGMENTZ is the sole responsibility of the user from whom such Content originates. FRAGMENTZ does not control the Content posted on FRAGMENTZ by its users and shall not be liable in any way for the legality of said Content. Unless it is legally required to do so, FRAGMENTZ will not monitor the Content transmitted or stored. FRAGMENTZ will not actively search for possible illegal or infringing Content of its users.
8.2 FRAGMENTZ does not accept any responsibility for any occurrences resulting from the user’s connection to the internet via FRAGMENTZ and/or resulting from the use of FRAGMENTZ. In particular, FRAGMENTZ does not accept responsibility for any damage or loss caused in any way to users, their devices and/or to data which is stored on any such device, or to their personal, professional or commercial activities.
8.3 Except if essential contractual obligations are violated, FRAGMENTZ will be liable for damages only if and to the extent that FRAGMENTZ, its legal representatives, executives or other persons employed by FRAGMENTZ are culpable of having acted intentionally.
8.4 FRAGMENTZ is not involved in any interaction that comes into being between users. If a user has a dispute with another user, it is explicitly agreed that FRAGMENTZ, including all affiliated companies, officers, directors, legal representatives and employees, are warranted against all claims, demands and damages (actual or consequential), of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
8.5 In any case, the aggregate liability of FRAGMENTZ towards you or any third party is limited to the subscription fees paid by you in the year preceding the event triggering such liability.
Section 9 - Miscellaneous
9.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, that provision will, to that extent only, be severed from the remaining provisions of these terms and conditions, which will continue to be valid to the fullest extent permitted by law.
9.2 Moreover, FRAGMENTZ and you commit to negotiate in good faith, where applicable, in order to replace the void, invalid and/or unenforceable provision by a valid and enforceable provision, which comes closest to representing the intent of both parties.
9.3 Changes in or additions to these terms and conditions are only valid if they have been agreed in writing between the parties, in which case they will form an integral part of these terms and conditions.
9.4 Should you have any questions regarding these terms and conditions or the use of FRAGMENTZ, you are welcome to visit www.fragmentz.com. You can also send an e-mail to the following e-mail address: email@example.com.
9.5. The terms and conditions are governed by and construed in accordance with the applicable laws in Belgium.
9.6. It is agreed to submit to the exclusive jurisdiction of the Belgian courts and tribunals, and more specifically the Court and Tribunals of the Antwerp judicial district.