Non-registered USER of KlasCement
- "Website": www.klascement.net and all its components;
- "Database”: the collection of works, data and other independent elements that are systematically or methodically arranged and are independently accessible by electronic or any other means;
- "Information": all the data contained on the Website, including, but not limited to: photos, pictures, graphs, teaching documents, links to educational sites, software, drawings, texts, etc.;
- "Use" and "To use": viewing, downloading and/or uploading of Information on the Website as well as, but not limited to posting content on the Website;
- "User", “You” and all its derivative terms: any person who Uses the Website and/or makes someone Use the Website;
- ’ The Department’: The Flemish Community, represented by its government, by delegation, in the person of Ms. Ann Verhaegen, Secretary-General of the Department of Education and Training, situated Koning-Albert II-laan 15 – 1210 Brussel, further called the Department.
- “KlasCement Team”: the collaborators of the Department who are in charge of for the management and development of the Website;
Area of Application
The Department is owner and administrator of the Website and of the intellectual properties on it and is in charge of the further development of the Website.
The purpose of this Website is to provide a tool for finding Information for teachers from the educational sector. The Website wants to offer a simple, rapid and improved method to search and Use Information quickly by means of a closed network, and also to keep the Information up-to-date.
Content and Use of the Website
You agree as a User that the Use of the Website and of the Information is entirely at Your own risk. The Department acts as the administrator of the Website and merely provides the technical facility in order to allow a User the Use of Information.
The Website and any Information contained therein are provided 'as is', i.e. in its present state, as available, with possible inaccuracies and errors and without guarantees in this respect from the Department and its collaborators, often volunteers who in name of and on behalf of the Department work and (help to) maintain the Website (from now on 'the KlasCement team').
Despite all efforts made, errors and mistakes can thus occur and the Information made available may be incomplete, incorrect, inaccurate or not updated. The Department can not guarantee that the Website and the Information it makes available are at any time and under any circumstances updated and error-free, or suitable for a particular purpose. For these reasons You, as a User, should not trust the recorded Information blindly.
When a problem is identified, the Department will take all reasonable measures that it deems useful and necessary to remedy this. If in doubt best is to contact the party the Information originates from, in order to check the reliability and quality of the Information.
Each User declares and guarantees to defend and indemnify the Department and the KlasCement Team against all claims, legal actions and proceedings, judgments, damages, costs, fees, compensations and demands brought on by third parties on the grounds of an infringement or alleged infringement of any intellectual property right (or any other right of a third party) and the User is liable for all consequent costs, including contingent legal costs.
The Department limits its liability at any time to the amount of € 2,500, and any claims for compensation must be made within the year following the occurrence of the damaging fact. The Department and/or the KlasCement Team will never be liable for indirect damages, broader damages, penal sanctions or loss of profit, and cannot be held accountable for the Use that the User or a third party makes of the Information supplied.
Moreover, You agree that downloading Information or obtaining Information in any other way through the Use of the Website entirely takes place under Your responsibility. You are solely and without any restriction responsible for any possible losses, work stoppages, damage to programs or other data on the computer system, or of your hardware or programs as a consequence of the downloading or uploading of Information or of any other Use of this Website. the Department cannot be held accountable for a direct or indirect loss or damage you might suffer as a consequence of faulty, incorrect or incomplete Information or as a consequence of a lack of clarity on the Website or on external third party websites referred to (via a so-called link).
Links to External Web Pages
It is possible that the Website contains links to external websites or web pages of third parties. The Department doesn’t have any influence on the content of these websites and/or pages and therefore can under no circumstances be held accountable for the content of such websites or the accuracy of the information they contain, nor offer any guarantee in that sense.
The links are offered solely for information or for Your convenience. Therefore, the Department doesn’t accept any accountability for direct or indirect damage ensuing from consulting or using such external websites and their contents.
Operation of the Website
The Department is doing its utmost to make the Website continuously available and to protect it with all reasonable means. Additionally, the Department does all that is reasonable to limit as much as possible any inconvenience caused by technical errors. However, the Department cannot exclude that wrong technical manoeuvres or unauthorized interventions take place or that so-called viruses or other forms of malware are introduced. Therefore the Department cannot guarantee to You that the access to the Website will not be interrupted in any way or that You will not be hindered in any other way.
For the reasons stated above, You cannot hold the Department or the KlasCement Team responsible for such errors, malfunctions, incidents and problems that may arise from any access and/or Use of the Website or of the external websites of third parties and the resulting damage.
Furthermore you acknowledge and accept the right of the Department to interrupt access to the Website at any time and without prior notice, amongst others for the following reasons but not limited to these: detection or suppression of possible cases of abuse and/or fraud, or to resolve technical and operational malfunctioning, or in case of an injunction from a court for alleged violation of (intellectual) rights of third parties or of having actual knowledge of such infraction, or in case of cessation of the activities of the Department, etc.
Such interruptions are essential to make changes and improvements to the Website, as well as to allow for regular technical maintenance and the updating of its contents. Under no circumstances can You hold the Department or the KlasCement Team liable for any harm that You might suffer due to such interruptions.
Obligations of the User
In addition to what is mentioned above, You, as User, engage particularly in observing the following rules of conduct and etiquette. Each User declares and guarantees:
- To always Use the Website with the care of a careful and caring person;
- To prevent that by careless Use of the Website or by Use with bad intent, s/he damages in any way the contents of the Website, makes unauthorized changes, causes malfunctions or a temporary or permanent unavailability of the Website or contributes to any incident that could cause harm to the Department, the KlasCement Team or third parties;
- Not to Use the Website for illegal purposes, offences of common decency, or with the purpose to harm the reputation of the Department, the KlasCement Team or third parties.
Intellectual Property Rights
You acknowledge and agree that the Website and the Information are protected by the intellectual rights of the Department or third parties and that these must be respected at all times.
Concerning the reproduction and communication of Information, the following rules apply.
As User, You get from the Department the non-exclusive right to Use the Website for non-commercial educational purposes. This means that you may view the Website and download Information and that you may take cognizance of this Information and Use it in a normal way within the framework of services provided by the Website and reproduce it for non-commercial purposes for the benefit of education.
Regarding the Information, the User has to evaluate on his own authority and responsibility to what extent the Information can be reproduced and/or disclosed publicly. Specifically the User shall conclude him/herself to what extent the Information is protected by intellectual rights and whether the Information is released under a free licence model, such as Creative Commons. The User acknowledges that such licensing models may involve certain obligations and accepts that it is his/her sole responsibility to respect these.
When the Information is not released under a free licence model, the common rules of the relevant intellectual property apply. Here again, only and solely the User bears the responsibility for not Using the Information in a manner that is in conflict with the rights of the holder of the relevant intellectual property rights or the applicability of any exclusions or exceptions to these rights.
The Department is producer of the Database(s) located on the Website and therefore the Law of 31 August 1998 transposing into Belgian law the European Directive of 11 March 1996 concerning the legal protection of databases is fully applicable.
The ownership of and the intellectual rights on these Database(s) lie with the Department. The ownership of and the intellectual property rights on the content of the Database(s) lie with the owner(s) of the content in question. The content of the Database(s) is possibly protected by applicable copyright laws or other laws and by conventions on intellectual property, and the use of it must be in accordance with the rules stated above.
It is prohibited to reproduce and/or communicate the Database(s) to the public, unless such reproduction is intended for use in administrative or judicial proceedings and only concerns a part of the Database(s) .
Any permitted Use of the Database and the Information contained therein also requires that you always clearly and visibly mention the source of Information. This means that you, in addition to citing the author of the Information, should also mention the name of the Department as the producer and the name of the Database(s).
Notwithstanding the preceding, You may not (in any way or on any information carrier), in full or partially, copy, adapt, translate, sell, rent out, loan or communicate to the public or create derivative works from the aforementioned elements, without the express and prior consent of the Department (or the author concerned).
All the Information You pass to the Department, including data or reactions concerning the contents of this Website, will be considered public.
All personal data that you may possibly pass to the Department are kept and/or treated in accordance with our Privacy Statement.
Applicable Jurisdiction and Competent Courts