The Site is proposed by the public limited company incorporated under Belgian law Radionomy
S.A., (hereinafter Radionomy) whose the number in the Belgian Trade Registry is 0892 300 624 and whoseheadquarters and postal address are:Radionomy SA55K Boulevard International 1070 Brussels Belgium
Radionomy puts the Site at the disposal of the Members as deﬁned hereafter, who have accepted andundertaken to comply with these General Terms. These General Terms can be modiﬁed at any time,particularly to take account of any evolution in the law, jurisprudence or techniques. Radionomy informs theMembers at least 30 days before the new General Terms take effect. This information will be given on theSite, or by sending an e-mail to the Members. These changes will be effective when they are put on-line onthe Site.
The Members are expressly informed that at any time, the only authentic version of the General Terms is theversion that is found on-line on the Site, which the Members recognize and accept without restriction,undertaking to refer systematically to those terms on each connection. Moreover, the user of the Site can also be subject to instructions or special or speciﬁc conditions that will be indicated to him at the time ofutilization.
The General Terms will terminate at the end of the relation with Radionomy. Nevertheless, certain clauses will continue to apply after the end of the relation, which is indicated for each clause concerned.
Under these General Terms, the expressions below will be deﬁned as follows:
Visitor: Any person occasionally consulting the Site, not registered as a Member, having access to thecontent of the Site including the Web Radio stations, the content published on the personal pages ofMembers, Radio Creators and Content Producers.
Radio Creator: any Member who has subscribed to the Radio Creator Pact giving him access to thecreation of a web radio station.
Content Producer: any Member having signed the Content Producer Pact giving him the possibility topropose Content to Radionomy to be made available to Radio Creators. He beneﬁts from a publicationspace to deﬁne his content and from access to the statistics on the use of his content.
Fan: Term referring to a Member who voluntarily accepts to appear on the list of Fans of a radio station.
Blog: Journal put on-line by Radionomy, in which Visitors and Members can leave comments.
Wall: area put on-line by a Radio Creator in which Members can write messages.
Offensive Content: Any content of an illicit, prejudicial nature or that could be shocking for third party,infringing third-party rights or in infringement of the General Terms.
Content: Any content of a Member particularly information, data, texts, sounds, messages, photographs,videos, pieces of music, texts, images and other dossiers created and put on-line by a Member andconstituting an original work of the Member in the meaning of copyright.
Mail: Used as a perfect synonym of: electronic message, e-mail, electronic mail, or other approved terms.
Moderator: Member appointed by a group who oversees compliance with the object and regulates exchanges of electronic or audio messages made in an organized context. The Moderator notably takes care to prevent the publication of unauthorized advertising messages and comments that could constitutecriminal offences. When operating live, the moderator acts by giving warnings and by excluding Members ininfringement.
Tools: Any software tool for creation, publishing and interaction put on-line by Radionomy intended for theMembers for the use of the Services.
Player: also called « reader », this tool for listening to radio stations is made available by the Site. The player can also be used by a Radio Creator in order to listen to pieces of music proposed by Radionomy in adeteriorated version (32 Kbps) in the strict context of constructing his selection from Radionomyʼs record library.
Services: All services supplied by the Site, particularly: host services, enhancement and availability ofmultimedia content, communication between Members, making tools available and more generally any other service proposed by the Site. The Services also include communications intended for Members such as, notably, administrative messages, and newsletters for various Services, chat, forums, etc.
Site: The Internet Site: http://www.radionomy.com and/or any other address that may be added or substituted therefor, and pointed at the same site(s).
Skins: Tools for graphic enhancement made available to personalize the Radio Creatorsʼ personal page.
Identiﬁer: refers to the pseudonym (pseudo), and to the conﬁdential code or password chosen by theMember or attributed by Radionomy enabling the Member to identiﬁer and to gain access to the Services.
Every registration form must be ﬁlled in correctly under penalty of losing access to the Services. Allinformation communicated must be accurate and complete. Any modiﬁcation in the information given at thetime of registration by the Member must give rise to an immediate update of the registration form. Generally speaking, Radionomy reserves the right to refuse registration to the Services without having to give groundsfor that refusal.
III. Use of identiﬁers
At the time of registration as a Member, the Member creates his identiﬁer, which will be needed for each access to the Site. Consequently, any use of the Services that are only accessible by means of these identiﬁers will be deemed to have been effected by the Member holding that identiﬁer and the Member will bear full responsibility for the usage of the Site made by means of his identiﬁer. The Member undertakes, under his own responsibility: Ø to keep the identiﬁers conﬁdential; Ø to pre-record his identiﬁer on his own personal computer only; Ø to completely disconnect after any access from a public computer; Ø never to communicate identiﬁers to third parties;
Ø not to choose or use identiﬁers of another person with the intention of usurping the identity of that person or for any other reason; Ø not to use a pseudonym or an address that could jeopardize the rights of third parties in any way, on any grounds; Ø not to use identiﬁers considered as offensive by Radionomy. Ø in case of loss, theft, fraudulent use of his password or if a Member has good reason to believe that his password is used by a third party, to immediately inform Radionomy. In one of the cases listed hereabove, Radionomy can immediately suspend or cancel access of the member, without notice or compensation, and refuse him access, temporarily or deﬁnitively, to all or part of the services.
If the Member has forgotten his password, he should click on the link "Forgot your password?" and Radionomy will address him an e-mail to communicate it to him.
A natural person under age can only register on the Site and use the Services after having obtained authorization from his parents or his guardian or guardians exercising parental authority over him. Such persons are responsible for the acts of their child or children and consequently must supervise the use made by their child or children of the Services and determine whether the Services are or are not appropriate for their child or children.
IV. Unregistering Any Member can unsubscribe from the Site and the Services at any time in his/her settings pages.
The Memberʼs attention is particularly drawn to the fact that if he unsubscribes, he loses all data, if any, in hispersonal space. This information is deﬁnitively deleted and cannot be restored.
The unsubscribing Member can re-register subsequently. Nevertheless, including in the case of reregistration, the Member will not be able to recover the information appearing previously in his personal space.
Radio Creators and Content Producers also have the faculty of unsubscribing, using the same procedure,specifying whether they want to unsubscribe totally or to remain Members. Radio Creators and ContentProducers will nevertheless be required to comply with schedules and conditions set down in the Speciﬁc Conditions of the Radio Creator Pact or the Content Producer Pact. Unsubscribing by a Radio Creator or aContent Producer has the same consequences as for a Member: all data in his personal space, his creationsand in general all data of any kind will be deﬁnitively lost and cannot be restored.
Unsubscribing of a Radio Creator or Content Producer will be effective under the terms and conditions agreed in the Speciﬁc Conditions of the Radio Creator Pact or the Content Producer Pact. .
V. Deactivation by Radionomy of a Radio Creatorʼs or a Content Producerʼs Member account
Radionomy reserves the right to take off line any account of a Member who has not been identiﬁed on theSite for a continual period of six months. In this case, Radionomy can proceed with the deactivation of theMemberʼs account and the deletion of his data on the servers. In this case, all data in his personal space willbe deﬁnitively lost and cannot be restored.Radionomy reserves the right to proceed with the deactivation of a Memberʼs account, and to delete his data on Radionomyʼs servers, if the Member does not comply with the General Terms or has put OffensiveContent on-line.
VI. Use of tools
To facilitate the creation and management of radio stations and more generally the Services, Radionomy willpropose Tools to the Members. The Members undertake to comply with the technical constraints associatedwith the use of these Tools.
Consequently, the information and indications in the technical constraints to be respected will be suppliedand updated regularly in the sections entitled "Help" or "FAQ" and in the technical support Blogs on the Site.
The Tools, as well as the technical indications, are provided "as is". Radionomy cannot be held liable in any way for the supply of these indications or the Tools that it has made available.
Finally, it is speciﬁed that the information, photographs and in general all data of any kind cannot bedownloaded by the Members from Radionomyʼs Site.
The Site proposes a technical tool meant for listening to the radio stations: the Player (or "reader"). ThePlayer is Radionomyʼs property. Consequently, no adaptation, modiﬁcation, alteration, attempt at "reverseengineering", and more generally no intervention can be made on the Player.
The Player can evolve at any time. Its characteristics, functionalities or aspects can be maintained,transformed or deleted by Radionomy at its discretion and without notice. Members can under no circumstances claim any rights to the maintaining of a characteristic or a functionality of the Player.
The Player is supplied ʻas isʼ. Radionomy has no obligation of any kind and offers no guarantee of suitability or compatibility of the Player or other Tools with the Memberʼs computer environment, and cannot be heldliable for damages of any kind associated with the use and/or reproduction of the Player or the Tools.
VIII. Putting Content on-line
Radionomy reserves the right to control the Content put on-line and to delete, without prior notice, any Offensive Content, in particular Content in infringement of third-party rights and especially intellectual or industrial property rights. Control is in no way systematic or complete and Radionomy cannot be held liableif Offensive Content is on-line without having been controlled by Radionomy.
The Members also accept that their personal page and its content be referenced by means of hyperlinks, intext and/or images, internal or external to the Site, which point directly to the content of their personal pageor any other page considered appropriate by Radionomy.
This referencing is mainly done in an objective way by an automatic assessment of the number of Internetusers having visited the Memberʼs personal page and Content.
IX. Use of the services
Once a Member is registered, he has access to the Services. This registration enables the Member who sodesires to subsequently register as a Radio Creator or a Content Producer.
Radionomy declares that it will make every effort to guarantee accessibility of the Services continually, but ithas only a "best effort" obligation on the subject. In addition, access to Radionomy may be limited or even impossible in certain countries or places.
The material required to be a member and use the Service optimally is a computer with high-speed Internetaccess. We recommend a computer equipped with Pentium 4 or higher, Windows XP Service Pack 2 or higher,
The cost of equipment enabling access to the Services, as well as the costs related to Internetcommunication will be borne by the Member.
The Site in place is geared to radio broadcasting.
Subject to that which is stipulated in the General Terms, in order to facilitate interaction between a Member and a Radio Creator, any Member has the possibility to make comments on the Wall of the radio station. In this speciﬁc case, the Radio Creator has the possibility of not publishing his wall, or deleting a posteriori any comment posted on his wall.
XI. Duration and termination
The Services are provided by RADIONOMY for an indeterminate duration. The Member expressly recognizes that RADIONOMY has the faculty of terminating all or part of the Services without formalnotiﬁcation, prior notice or explanation of grounds, and without compensation.
Should a Member fail to meet an obligation under the General Terms, the Speciﬁc Terms or more generally inthe event of infringement of laws or regulations in force, RADIONOMY can automatically terminate all or partof the Services supplied to the Member without prior formal notiﬁcation or notice and without compensation.
RADIONOMY can pronounce this termination without prejudice to any damages that it may claim as a resultof this failure to meet obligations and any penalties that may be due to it.
The Member also recognizes that RADIONOMY has the faculty to restrict his right of access or use of all or part of the Services, and to withdraw any Content of which the Member is the author, with immediate effectand to prohibit subsequent access to this Content or to the Services.
The Member has the possibility to use the Blogs proposed on the Site by Radionomy. This Service is open toall Members. Consequently, the Member assumes full responsibility for the messages it communicates in aBlog on the Site. RADIONOMY can under no circumstances be held liable for the Content of messages distributed and transmitted by means of a Blog on the Site. RADIONOMY does not approve nor refute theopinions expressed in Blogs by Members. The Member undertakes and guarantees that its messages donot contain Offensive Content.
On requisition by the judicial authorities, RADIONOMY can communicate to all such authorities any information in its possession concerning the connection and the messages exchanged in Blogs, as well as the elements of identiﬁcation of the Member.
RADIONOMY reserves the right to organize the intervention of a Moderator.
In the case whereby a Member adopts one of the behaviours listed herebelow, Radionomy reserves the right to temporarily block his access to the Site, or to exclude him from the Site and to block any new use of the Services, without prior notiﬁcation, and without prejudice to any recourse or judicial action against him.
The Member notably undertakes not to: Ø give false, unspeciﬁc, imaginary or partial information at the time of his registration; Ø use a pseudonym that could infringe third-party rights (notably the use of someone else's surname, pseudonym, trademark or works protected by copyright and/or related rights); Ø give his radio station a name that could infringe third-party rights (notably the use of someone else's surname, pseudonym, trademark or works protected by copyright and/or related rights) in any way and on any grounds whatsoever; Ø use identiﬁers that Radionomy considers offensive; Ø if he is not of age, subscribe to the Services without authorization from his parents or the persons who exercise parental authority over him; Ø gain access or try to gain access to the account of another Member;
Ø give information referring to other sites (whether this be by the creation of hypertext links, or by simply providing information) the content of which could be in infringement with any law and regulation in force, and particularly which could jeopardize the rights of persons and property and/or intellectual property rights; Ø jeopardize the image or reputation of Radionomy, its subsidiaries and/or mother company, as well as the management and/or employees of these companies in any way; Ø broadcast or propagate false rumours such as "hoax mail", or other unsolicited e-mail phenomena such as, for example "junk mail", "chain mail", "collateral spam" or other similar messages; Ø use the space offered or any other Service for promotional purposes and in general propose products and services for commercial purposes for content, products or services that are not personal content. Notwithstanding the above, the Content Producer beneﬁts from a publication space for its news, concerts, list of recordings etc. on his Radionomy page; Ø collect, store and broadcast personal data related to other Members or any third party; Ø transmit any unsolicited or unauthorized message of a promotional nature (i.e. spam); Ø transmit any message containing computer viruses or any other code, dossier or programme designed to interrupt, modify, destroy or limit the functionality of any software, computer, computer system or telecommunication tool of the Site; Ø transmit messages inciting or permitting any act of computer piracy or circumvention of technical protective devices or information/indications on intellectual property rights; Ø hinder or disturb the Services, servers, networks connected to the Site; Ø refuse to comply with the required conditions, procedures, general rules or provisions of regulations applicable to networks connected to the Site; Ø proceed with any infringement of computerized systems used for the supply of Services, including any intrusion or attempted intrusion; Ø transmit any information without authorization or in infringement of a legislative, regulatory or contractual prohibition, (particularly, but not exhaustively: privileged or conﬁdential information, information collected or disclosed in the context of an employment contract or a conﬁdentiality agreement); Ø commit acts of unfair competition and particularly exploit or more generally make use of the content of the Site outside the context of personnel usage as deﬁned by laws and jurisprudence; Ø transmit any information whose content would infringe a patent, trademark, registered drawing or model, manufacturing secret, intellectual property rights or any other property rights belonging to someone else; Ø transmit any Content of which the Member is not the author in the sense of the Belgian law on copyright, or for which he has not acquired all of the intellectual property rights to put that Content on-line in the Radionomy framework; Ø put photographs on-line in which identiﬁable third parties appear without having obtained their authorization beforehand; Ø harass one or several other Members in any way whatsoever; Ø infringe, intentionally or otherwise, any local, national or international law or regulation in force or the limits contained in the General Terms; Ø usurp an identity or pretend to be another person or entity, including a representative of Radionomy; Ø transmit any content defending certain crimes, notably murder, rape, war crimes and crimes against humanity; Ø send or transmit any message whose content is illegal, threatening, abusive, constituting harassment, slander or that is vulgar, obscene, threatening for privacy of others, hateful, racist, anti-Semitic, xenophobic, revisionist or otherwise reprehensible; Ø transmit any content that by its nature could jeopardize respect of the human person and human dignity, equality of women and men, and protection of children and adolescents; Ø transmit any content that could constitute one of the following, without this list being exhaustive: incitement to commit crimes and offences, incitement to suicide, incitement to the use of drugs or prohibited substances, incitement to commit attacks, provocation to discrimination, hate or violence due to origin, skin colour, gender, sexual orientation, family situation, state of health, disability, morals, political or philosophical opinion, the fact, true or supposed, of belonging or not belonging to a given ethnic group, nation, race or religion; Ø transmit any content that could constitute false news, false rumours, jeopardize judicial authority or proceedings; broadcasting surveys and simulations of votes concerning an election or referendum outside authorized conditions, slander and insults; Ø transmit any content that could constitute breach of privacy; Ø transmit messages, images or videos of a violent or pornographic nature or of a nature that seriously jeopardizes human dignity, particularly, not to: import, transport, export or have exported, transport, or
import, for the purposes of exhibition or marketing and/or distribute written texts, printed texts, images, photographs, ﬁlms or other objects of a pornographic nature, or put them in circulation in any way; Ø transmit any content of a paedophilic nature; Ø jeopardize minors in any way; Ø transmit any content describing or encouraging cruelty to animals; Ø more generally, transmit any content contrary to the law, public order and good morals.
XIV. Alerts and notiﬁcation of illegal activities
Radionomy undertakes to take diligent action to sanction any patently illicit behaviour or manifestly in infringement of the General Terms. While Radionomyʼs objective is to continually improve measures against Offensive Content, it is recalled that Radionomy nevertheless has the role of a server and that is its only responsibility in the sense of the law; it does not intervene in the editing process.
Any person who remarks Offensive Content on the Site can draw Radionomyʼs attention to it by sending an e-mail to the address notiﬁcation@radionomy.com containing the following information: Ø The full identity and address of the notifying party and his address; Ø a description of the offensive events; Ø their exact location on the Site;
The e-mail address of the notifying party; The Page of the Site concerned or the name of the radio station concerned; Type of content (musical or content sequence...); Approximate date and time of the incident; Description of the offensive events and their accurate location on the Site Or by selecting the option "report abusive use" appearing on the Site under the tab Contact, presented notably on the home page. If disputed content is reported, Radionomy will make its best efforts to neutralize this content and to proceed to withdraw the content, if it is considered to be illicit. Radionomy will under no circumstances have to justify its decision of withdrawal nor wait for any judicial decision that deﬁnes whether the Content is legal or not. In this way, Radionomy oversees correct usage of the tools of creation and interaction that it makes available to its Members. Radionomy reserves the right to report any illegal activities to the judicial authorities that the law requires it to denounce should these activities be brought to its knowledge by a Visitor or Member.
XV. Limitation of liability
As the Site is a service of the information society, accessing it entails risks that every Member accepts in advance. Radionomy cannot be held liable for any damages incurred during or after navigating on the site. Radionomy cannot be held liable for the use that will be made of the Services by the Members. In particular, RADIONOMY can under no circumstances be held liable for the Content on display, on-line, sent, received or transmitted by the Members. The Member recognizes that RADIONOMY is free to modify the name and content of its Services at any time, without this being a modiﬁcation hereof and without that modiﬁcation opening the right of any kind for protest. Radionomy makes no undertaking with regard to the performances and the modiﬁcations of the Services that may intervene, given notably the quality of the Internet network and/or technical conﬁgurations.
RADIONOMY gives no express or implicit guarantee with regard to continuity, performance, permanence, compliance or compatibility of a Service or a speciﬁc usage, quality or absence of fault or defect in the Services, eviction and non-infringement of laws and regulations or of the General Terms by others (non- exhaustive list). Radionomy assumes no liability with regard to the information made available to Members on the Site, insofar as that information is supplied by the Members and its content is the responsibility exclusively of the respective suppliers of information. Radionomy notably does not guarantee the accuracy of information supplied; such information in no way binds Radionomy whose role is limited to that of making tools available, with the exception of messages for marketing, promotion and presentation of Radionomy and its Services, messages containing editorial content to promote artists or producers of content on Radionomy, and any action and content published by Radionomyʼs announcers/moderators.
Any data, and in particular any software downloaded by a Member or obtained in any other way during theuse of the Services is done so at the risk of the Member who is the only party liable for any damage incurredby its computer or any loss of data further to the downloading of this data or the consultation and utilizationofthe Services. No advice or information, be it oral or written, obtained by the Member or during its use of the Services creates any guarantees not expressly stipulated in these Terms.Radionomy cannot be held liable for any prejudice incurred directly or indirectly by the Member resultingfrom the publication of inaccurate content or in violation of a conﬁdentiality agreement, or concerning privacy,or contrary to public order, or otherwise prejudicial to third parties.
Radionomy assumes a "best effort" obligation in the execution of the Services.
Consequently, it can under no circumstances be held liable for defects in the operation of the Player or theTools as a result simply of their existence. Members expressly recognize the technical impossibility for aservice provider to ensure continuous operation of the Player or the Tools and of their being totally free of errors.
The Services are intended for natural persons, for personal and non-professional purposes. Radionomyʼs liability can only be established in the case of serious misconduct and proven negligence in the execution ofits obligations and will be expressly limited to direct damages, to the exclusion of any consequential damage,of any kind whatsoever, particularly operating losses, loss of clientele, loss of trademark image.
Except in the case of serious misconduct or proven negligence, Radionomy cannot be held liable for loss ofdata or ﬁles, transmission of corrupted or illegible ﬁles or any other damage resulting from the transmissionof data by or via Radionomy servers.
The rates of transfer and the response time and information circulating from the RADIONOMY platform toInternet are not guaranteed by RADIONOMY. The Member recognizes that the speed of transmission ofinformation does not depend on the Services offered by RADIONOMY, but on characteristics inherent to theelectronic communication networks and the technical characteristics of his type of connection and his Internet access.
RADIONOMY provides no personalized assistance, nor "hot line". Members can address comments on theServices to RADIONOMY, however, by sending an e-mail to email@example.com without this creating an obligation of response or processing by RADIONOMY.
In any case, Radionomyʼs liability with regard to execution of these General Terms cannot exceed EUR
500.00 per year and per issue.
The General Terms in no way exclude compensation for bodily injury caused by intentional fault ofRadionomy
XVI. Intellectual and industrial property
All rights concerning the Site, the Services, the Tools, the content not belonging to the Members, their original and innovative nature, particularly intellectual property rights to the texts, literary, graphic,photographic and audiovisual creations, computer developments, HTML developments or other works protected by copyright and related rights, and generally all creations which could be protected by intellectualproperty rights such as images, logos, the style sheet, graphic charter, structure, ergonomy, colour codes,typography, character fonts, basic graphic elements, graphic organization of screens, layout, pagebackgrounds and generally the individual identity of the Site, the elements of sound or trademarks andpatents belong exclusively to Radionomy without any limitation.
RADIONOMY grants the Member, for personal use, the non-exclusive and non-transferable right to use theServices and software that may be associated therewith, it being speciﬁed that it is prohibited for theMember (and the Member cannot grant authorization to a third party) to copy, modify, create a derivativework, inverse the conception or assembly, or in any other way try to obtain the source code of the related
software (except in cases stipulated by law), sell, allocate, sublicense or transfer in any way whatsoever any right pertaining to the Services or related software.
Each member guarantees that he is the holder of all required authorizations as concerns intellectual property rights (such as notably copyright, related rights, trademark rights, industrial property rights, etc.) and generally all rights pertaining to his creation and publishing space and his Content allowing all operations on all communication networks, particularly by Internet, it being recalled that data on Internet are open to dissemination, reproduction and representation by Internet users. The Member also guarantees to Radionomy that his Creations do not infringe privacy or third-party rights.
Each member is also exclusively responsible for all links, hypertext or other, that it creates. Radionomy simply makes available systems and technical equipment allowing import of content under the exclusive responsibility of the Member or the Content Producer, and under no circumstances can these systems and equipment be used to propose content that does not comply with intellectual property rights. In the event that the authorizations obtained by the Member or the Content Producer include operating restrictions, he undertakes to comply with them. The Site, all its elements, including the tools for creation and interaction, as well as the Services, are protected by Belgian law and international conventions on intellectual and industrial property rights.
Unless indicated otherwise, Radionomy grants no licenses or authorization pertaining to the intellectual property rights that it holds for the Site, the elements or the Services and no reproduction of the Services, in all or in part, in any form whatsoever and by any means whatsoever, is permitted without prior written authorization from Radionomy.
Unless indicated otherwise at any part of the Site, the use of documents (forms, logos for example) and information are available under the following conditions: Ø the documents can only be used for the utilization stipulated in the General Terms; Ø the documents can only be used for personal purposes, for information, and in a strictly private context; Ø the documents and information cannot be modiﬁed in any way whatsoever; Ø the documents and information cannot be distributed outside the Site without express authorization. The rights awarded hereabove constitute an authorization of use and under no circumstances entail a transfer of rights, property rights or other, pertaining to the Site or its content. In addition, the layout of the Internet Site is not covered by this use license. This authorization can be revoked at any time in keeping with the General Terms.
In a general way, the Member undertakes to comply with copyright and related rights, and all third-party rights, and particularly to mention the name and capacity of any right holders in an accessible way, and if applicable to respect the integrity of technical measures for protecting information if they exist.
Each member grants Radionomy a worldwide, non-exclusive license to its Content for the reproduction, publication and use of the Services for the entire duration of the intellectual property. The Member gives Radionomy the right to sublicense this license to other Members.
In the case of non-complying use or abusive use of the Elements of Intellectual Property, RADIONOMY reserves every legal means to cease the infringementof its intellectual property rights.
Every user undertakes to guarantee and compensate Radionomy, its representatives, employees, partners,and/or all third parties, against any damages, complaint or application issued by third parties further to theuse of the Services, and particularly pertaining to the sending, disseminating, transmitting of Content by theMember pf the Services. This guarantee covers compensation that may possibly be due as well as legalfees and court costs within a reasonable limit.
XVIII. Hypertext links and linked sites
Radionomy does not systematically control the content of sites linked to the Site. Consequently it cannot beheld liable for the content presented on other Internet sites to which these links refer.
Radionomy reserves the right to delete or not to use any hypertext link in the case whereby this link points toan illicit activity or one that seriously jeopardizes the Membersʼ rights.
All communications between Radionomy and a User are done electronically. Consequently, Radionomy communicates with Members by e-mail only or by putting certain information on-line on the Site.
XX. Force Majeure
A. Deﬁnition of Force Majeure.
All events simultaneously meeting all the conditions listed below are considered cases of Force Majeure: · Unforeseeable; · Irresistible; · Insurmountable. Therefore, notably, total blocking of a means of transport or procurement, total shut down of telecommunications networks or difﬁculties within telecommunications networks, orders by administrative authorities, ﬁre, ﬂood, epidemics, quarantine, energy crisis, strikes, social disorder, war, act of terrorism, riots, accidents or shortages are considered “force majeure”.
B. Effects of Force Majeure.
Radionomy cannot be held liable with regard to a Member in the case whereby the execution of its obligations were delayed, restricted or made it impossible as a result of the occurrence of a case of ForceMajeure.
XXI. The independence of stipulations.
Should one of the stipulations of the General Terms be declared null, illegal or not enforceable, the validity,legality or enforceability of the remaining stipulations will not be affected or reduced in any way. In this case,Radionomy will modify the General Terms so as to replace the disputed clause by an equivalent clause.
Failure to exercise or delay in exercising any right or prerogative that Radionomy may hold under theGeneral Terms cannot be considered a waiver of this right or prerogative.
XXIII. Transfer the Contract
A Member cannot transfer his registration and his acceptance of the General Terms to a third party.
XXIV. Integral nature of the Contract
The General Terms represent entire exclusive agreement between Radionomy and the Member as concernsthe object hereof, and they prevail over all previous or simultaneous contracts and agreements, written or oral, pertaining to the same subject.
XXV. Applicable Law and Jurisdiction
This Contract is governed by Belgian law and is interpreted in keeping with Belgian laws. Any dispute or action originating with the Contract, not solved to by conciliation or arbitration, will be submitted to theexclusive jurisdiction of the courts of Brussels, in the French language, not withstanding multiple defenders or referral to a third-party.