Terms of Use
Registered MEMBER of KlasCement
Legal Information

Definitions used

For the purpose of this 'Terms of Use', the following definitions apply:

  • '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, and that have possibly been uploaded by a Registered Member, 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 messages on the forum of the Website or the sending and receiving of e-mails from and to other Registered Members;
  • 'Registered Member', 'You' and all its derivative terms: any person who Uses the Website or makes someone Use the Website and who has previously registered in order to do so;
  • ’The Department’: The Flemish Community, represented by its government, by delegation, in the person of Mr. Koen Pelleriaux, general director 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 the management and development of the Website;
  • Use

    General

    Both access to and Use of the Website are subject to the preceding and following General Terms of Use.

    You are requested to read these Terms of Use as thoroughly as possible before consulting the Website or Using it in any way.

    When registering as a Registered Member You have to give Your explicit consent to the stated Terms of Use on pain of the registration being null and void.

    In case You do not agree with these Terms of Use and/or do not understand their scope or meaning, we ask You to stop looking at the Website and/or to break off the registration procedure and to leave the Website immediately.

    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.

    These Terms of Use describe the conditions under which the Department grants You access to its Website, which is managed by the Department, and to the services it provides.

    Purpose

    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 allow Registered Members to add and update Information themselves. Moreover the Department has developed a database facility, which is managed by the Department, allowing Registered Members to offer their teaching services online in the form of extra lessons to other Registered Members and third parties.

    Content and Use of the Website

    You acknowledge and agree that You are personally and solely responsible for all the actions that are performed on the Website with Your user account.

    You agree as a Registered Member 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 Registered Member 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 Registered Member, 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 Registered Member 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 Registered Member 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 Registered Member or a third party makes of the Information supplied.

    Moreover, You agree that downloading or uploading Information or obtaining Information in any other way through the Use of the Website entirely takes place under your responsibility at Your own risk. 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 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 to other sites don’t imply any confirmation of the external site or of its contents by the Department and by no means signifies that the Department approves of that external website or recommends it. The Department cannot guarantee that these websites observe a privacy policy in accordance with the Belgian legislation.

    The links are offered solely for information or for Your convenience. Therefore, the Department does not 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 Registered Member

    In addition to what is mentioned above, You, as Registered Member, engage particularly in observing the following rules of conduct and etiquette. Each Registered Member declares and guarantees:
    - To always Use the Website with the care of a careful and caring person;
    - Not to Use the Website in ways that are in breach of the Terms of Use;
    - 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, uploads viruses or other malicious files, 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.
    - Not to Use the Website for political propaganda, commercial activities or unfair competition between schools, in accordance with the principles concerning careful management in education.
    - To enter His/Her registration and personal data correctly and not to disclose His/Her registration to third parties in any way, and to treat these data as strictly personal.
    - Have reached the age of 18 or will reach it in the current year.
    - Not to be a pupil in compulsory education.
    Breaking these rules of conduct can lead to the irrevocable exclusion of the Registered Member, a decision which is solely the discretionary power of the Department.

    Forum

    As a Registered Member you also have access to the KlasCement Forum. The following rules of conduct apply here, without limiting the foregoing:

    You may not post material on the forum that is illegal, harmful, contrary to public order or common decency, abusive, vulgar, hateful, sexually oriented, invasive of privacy, nor containing viruses, bugs or other malware, or that is otherwise unacceptable or that infringes or could infringe intellectual or other rights of third parties.

    It is, moreover, prohibited to spam or flood the forum, i.e. to repeatedly post the same or strongly resembling messages, nor may You use it for advertising purposes.

    When You take part in a discussion You must always ensure you stay 'on topic' and will only post messages that are relevant to the discussion concerned and do not harm its quality.

    The imitation of persons, whether Registered Members or not, is also not allowed.

    The Department reserves the right to remove or alter content that does not comply with the Terms of Use, without any possibility of resistance from Your side.

    If the Department suspects that you have breached the Terms of Use or any other obligation arising from other provisions in these Terms of use, the Department can deny You access to and Use of the Website without any prior notice, be it temporary or permanent.

    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.

    When a Registered Member wishes to upload content on the Website, the following applies: when uploading content, you will be asked a number of questions relating to the required consent of the owners thereof and the possibilities of reuse by other Registered Members or users of the Website. The answer to these questions will result in a tailor-made Creative Commons licence which you will have to add to the content You wish to upload, or in an assertion of the existing licence formerly issued for this content. In this way it is clear to third parties what they can or cannot do with Your Information without having to ask your prior permission.

    These questions must be answered truthfully and You acknowledge and agree that when this is not the case, it may potentially lead to the violation of intellectual rights associated with the upload and that you are solely liable. In such a case You acknowledge that You issued a Creative Commons licence to the content while You could not do this in a legally valid way and that You will thus deceive other Registered Members, the Department and third parties with the result that they, in their turn, will possibly and in all good faith infringe the intellectual rights involved. In such a case you are required to indemnify these other Registered Members and third parties, and this on top of Your general obligation of indemnification regarding the Department. Upon notification of a breach of intellectual property rights, the Information will be removed pending further enquiry.

    Concerning the reproduction and communication of Information, the following rules apply.

    As a general principle, it is allowed to reproduce or pass on the Information by way of illustration in education for a non-profit objective within the normal activities of the educational establishment, without infringement of the normal exploitation of the work by the author(s) provided due acknowledgements. Only under these conditions can the Information be reproduced or passed on without the permission of the author(s). The author may be the Registered Member or a third party, whose copyright material is used in the Information. When this digital exception for education is applicable on the required permission, it has preference over the Creative Commons licence and according to the laws and regulations in force no compensation is owed to the author(s).

    As a Registered Member, You get the non-exclusive right from the Department 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 Registered Member has to evaluate on his own authority and responsibility to what extent the Information can be reproduced and/or disclosed publicly. Specifically, the Registered Member 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 Registered Member 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 or the KlasCement Team will not determine in your stead who the rightful claimants are or add acknowledgements. 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 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, possibly the Registered Member).

    Confidentiality

    All the Information You pass to the Department, including data or reactions concerning the contents of this Website, will be considered public.

    Personal Data

    All Your personal data that You pass to the Department when registering are kept and/or treated in accordance with our Privacy Statement.

    Non-waiver Clause

    The failure of the Department to have, at any moment or during a period, any provision of these Terms of Use exercised or the failure of the Department to exercise any right based on these Terms of Use, cannot be interpreted as a waiver of this provision or of its rights, and does not in any way influence the right of the Department to enforce this clause or exercise this right at any time.

    Validity of Terms of Use

    The nullity of one or more provisions of these Terms of Use does not affect the validity, applicability and enforceability of any other provision. If one or more provisions are deemed or declared invalid on the basis of a law, regulation or final decision of a competent court, the remaining provisions retain their unchanged strength and scope. The invalid provision will be replaced by a new provision that aims as much as possible at the original objectives of the invalid provision.

    Applicable Jurisdiction and Competent Courts

    These Terms of Use are governed exclusively by Belgian law. The Registered Member agrees that only the courts and tribunals of Brussels have the authority to take cognizance of a possible dispute concerning the application or the interpretation of the Terms of Use, excluding any other court.

    Changes to the Website and/or the Terms of Use

    The Department has the right to modify the Website or the Information at any time, or have it temporarily or permanently removed. Moreover, the Department has the right to adapt, update or change the provisions of the Terms of Use. It is Your own responsibility to review these provisions, conditions, notices and possible additional terms regularly. In case You continue to Use the Website after the commencing date of the changes, You acknowledge explicit consent to these changes and accept them.

    Moreover, the Department rejects any liability for possible adverse consequences that might arise from the changes that are made to the content of the Website or to the Terms of Use.

    Contact

    For questions and/or remarks: Feedback of Contact.