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Disclaimer

Disclaimer

The website www.designmuseumgent.be (hereinafter the “Website”) is the property of AGB Kunsten en Design – Design Museum Gent (hereinafter “Design Museum Gent”). 

Contact details 

Name: AGB Kunsten & Erfgoed – Design Museum Gent 

Address: Drabstraat 10, 9000 Ghent 

Telephone: +32 9 267 99 99 

Email: museum.design@gent.be 

Company number: BE 0537.520.055

1. General

By accessing and using the Website, the User expressly and unreservedly accepts these Terms of Use and undertakes to comply with them. A “User” (hereinafter also referred to as “You” or “Your”) within the meaning of these Terms of Use is any person who visits and uses our Website to obtain information, regardless of whether that person registers. 

The User is also deemed to have taken note of our General Terms and Conditions, Privacy Notice and all other rights and obligations clearly stated on the Website. 

Design Museum Gent reserves the right to amend these Terms of Use. Users are requested to review these Terms before each new use of the Website.

2. Restrictions on the right of use

The right to use the Website is limited in that the User must refrain from any act that has or may have a detrimental effect on the proper operation and security of the Website, its other Users and/or their use of the Website. The Website may not be used in breach of these Terms of Use, applicable legislation, the rights of third parties or generally accepted standards of internet conduct. 

The following actions are strictly prohibited: 

• Using software programs intended to collect or retrieve data, including spiders, crawlers, robots and similar software. This list is not exhaustive. 

• Using the Website and its data for spam, chain letters, junk mail and/or similar activities. 

• Harassing other Users and/or attempting to persuade other Users of political and/or religious beliefs. 

• Gaining unauthorised access to the User profiles of other Users. 

• Using a false identity and/or false information during registration. 

The above list is not exhaustive.

3. Measures

Design Museum Gent reserves the right to take any reasonable and appropriate measures if a User acts in breach of these Terms of Use, applicable laws and regulations, the rights of third parties or generally accepted standards of internet conduct. Design Museum Gent has broad discretion in determining the nature and scope of any remedial or sanctioning measure. Any measures taken shall, however, always be proportionate to the infringement. 

Among other measures, Design Museum Gent may temporarily or permanently suspend a User's right to use the Website or remove a User profile. In addition, Design Museum Gent may wholly or partially restrict, either temporarily or permanently, the User's general access to the Website or access to specific functionalities. 

Where circumstances so require, such measures may be taken without prior warning or notice. Under no circumstances shall the User be entitled to any refund or compensation in relation to such measures. 

If the User considers that a measure taken is inappropriate or unfounded, the User must notify Design Museum Gent within fifteen (15) calendar days of the measure being imposed. Design Museum Gent will consider the User's arguments but shall not be obliged to revoke or amend the original measure.

4. Limitation of liability

All information provided on the Website is of a general nature. It is not tailored to the specific circumstances of any individual or entity. Users must not regard this information as personal, professional or legal advice, or as an equivalent thereof. Any use made by the User of the information provided on the Website is entirely at the User's own risk. 

Design Museum Gent devotes considerable care and attention to its Website and endeavours to ensure that all information is as complete, accurate, clear and up to date as possible. Despite these efforts, Design Museum Gent cannot guarantee that the information made available is complete, accurate, precise or current. Should the User identify any inaccuracies, the web administrator may be contacted accordingly. 

Design Museum Gent shall not be liable for incorrect or inaccurate information published on the Website, in mailings or on social media channels, even where such inaccuracies result from gross negligence or repeated errors, Website malfunctions, viruses, cybercrime or hacking, including where Design Museum Gent has been informed of the possibility of such damage. Design Museum Gent shall not be liable for failures or malfunctions affecting the contact system. In particular, Design Museum Gent accepts no liability for the transmission of viruses through its Website. 

Design Museum Gent shall not be liable for any direct or indirect damage arising from the use of the information available on this Website. 

Design Museum Gent may, at any time and without prior notice, modify, amend or supplement the content of the Website, including any hyperlinks. Design Museum Gent makes no warranty regarding the proper operation of the Website and shall not be liable for any malfunction, temporary unavailability or interruption of the Website, nor for any direct or indirect damage resulting from access to or use of the Website. 

Under no circumstances shall Design Museum Gent be liable to any person, whether directly, indirectly, specifically or otherwise, for any damage arising from the use of this Website or any other website, including, but not limited to, damage resulting from links or hyperlinks, such as loss of data, interruption of business activities, damage to software, computer systems, hardware or any other property belonging to the User. 

The Website may contain hyperlinks to websites or webpages operated by third parties or partners, or may refer to them indirectly. The inclusion of such links does not imply any approval of the content of those websites or webpages. 

Design Museum Gent expressly declares that it has no control over the content or other characteristics of such websites and shall under no circumstances be held liable for their content, characteristics or for any damage resulting from their use.

5. Intellectual Property Rights

Creativity deserves protection, and so do our Website and its content. Such protection is provided through intellectual property rights and belongs to all rights holders, namely Design Museum Gent and third parties. The term "content" is understood in its broadest sense and includes photographs, videos, audio recordings, text, ideas, notes, drawings, articles and similar materials. All such content is protected by copyright, software rights, database rights, design rights and other applicable intellectual property rights. The technical aspects of the Website itself are protected by copyright, software rights and database rights. Design Museum Gent (TM), its taglines, logo(s), colour combinations and any trade names used on our Platform are likewise protected by the applicable intellectual property laws. We therefore request that Users do not use, reproduce, modify or otherwise interfere with the intellectual property rights described in this Article without the prior consent of the relevant rights holder. 

The User undertakes not to infringe, in any manner whatsoever, the intellectual property rights of Design Museum Gent or of any other party. Any infringement by the User of the intellectual property rights of third parties shall under no circumstances be attributable to Design Museum Gent. Any factual or legal consequences arising from such infringement shall be borne exclusively by the User.

6. Protection of Personal Data

Design Museum Gent attaches great importance to the protection of your privacy. Although most information available on this Website can be accessed without providing Personal Data, the User may be requested to provide certain personal information. Such information will be used solely for the purposes of customer relationship management and the provision of information. By providing his or her Personal Data to Design Museum Gent, the User expressly consents to the processing of such data for the purposes described below. 

Design Museum Gent collects Users' Personal Data on the basis of the information provided via the Website, through the completion of a contact form or by email. Design Museum Gent undertakes not to disclose such data to third parties unless required to do so by law or upon request by judicial authorities or law enforcement authorities. These Personal Data shall remain confidential. They shall only be used by the internal departments of Design Museum Gent to improve or personalise communications, including by means of letters and/or informational emails, to keep Users informed of our services and to provide requested information. Design Museum Gent also uses Personal Data for its own marketing purposes. 

The User has a statutory right to access and, where appropriate, rectify his or her Personal Data. Upon providing proof of identity (such as a copy of an identity card), the User may obtain, free of charge, written confirmation of the Personal Data processed by Design Museum Gent by submitting a written, dated and signed request to Design Museum Gent, Drabstraat 10, 9000 Ghent, or by email to museum.design@gent.be. Where appropriate, the User may also request that any inaccurate, incomplete or irrelevant Personal Data be corrected. 

Design Museum Gent may collect anonymous or aggregated non-personal data, such as browser type, IP address, operating system or the domain name of the website from which the User accessed or exited the Website. This enables Design Museum Gent to continuously optimise the Website for its Users. 

For further information regarding the processing of your Personal Data, please refer to our Privacy Notice.

7. Use of Cookies

During a visit to the Website, cookies may be placed on the User's computer hard drive solely for the purpose of better adapting the Website to the needs of returning Users. These small files or cookies are not used to monitor Users' browsing behaviour on other websites. The User's internet browser allows the User to prevent the use of cookies, to receive a warning whenever a cookie is installed, or to delete cookies afterwards from the hard drive. Users may consult the help function of their internet browser for further information. 

This Website uses, among other services, Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses cookies to help analyse how Users use the Website. The information generated by the cookie regarding use of the Website (including the User's IP address) is transmitted to and stored by Google on servers located in the United States of America. Google uses this information to monitor the User's use of the Website, compile reports on Website activity for Website operators and provide other services relating to Website activity and internet usage. Google may disclose this information to third parties where required to do so by law or where such third parties process the information on Google's behalf. Google will not associate the User's IP address with any other data held by Google. The User may refuse the use of cookies by selecting the appropriate settings in their browser. However, Design Museum Gent draws the User's attention to the fact that, in such circumstances, certain functionalities of the Website may no longer be available. By using this Website, the User consents to the processing of information by Google in the manner and for the purposes described above. 

Further information regarding the cookies used by Design Museum Gent is available in our Cookie Policy on our Website.

8. Miscellaneous Provisions

Design Museum Gent reserves the right to modify, expand, restrict or discontinue the Website at any time. The exercise of this right shall not require prior notice to the User and shall not give rise to any entitlement to compensation. 

Should the operation or validity of one or more provisions of these Terms of Use be affected, this shall not affect the validity of the remaining provisions. In such circumstances, we shall be entitled to replace the affected provision with a valid provision having a similar purpose and effect. 

The headings used in these Terms of Use are provided for convenience only and shall not be used for the interpretation of these Terms or have any legal effect.

9. Applicable Law and Competent Courts

These Terms of Use shall be governed by and construed exclusively in accordance with the laws of Belgium. 

In the event of any dispute relating to the performance of this agreement, the parties shall use their best endeavours to reach an amicable settlement. Failing such settlement, the dispute may be submitted to an arbitration or mediation centre (such as CEPINA) or to the competent court. Any disputes shall fall within the exclusive jurisdiction of the courts of the judicial district of Ghent.