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Terms & Policies


1

Governing Law
These Terms & Policies will be exclusively governed under the laws of Belgium. All legal claims, suits or actions related to these Terms & Policies will be subject the the jurisdiction of the courts of Gent, Belgium. We explicitly urge foreign users to be aware that by accepting the use of the Service and the Site, they are using a service based and managed in Belgium.

2

Waiver
If one of the parties fails to exercise to enforce a provision in these Terms a Policies, this shall not mean this right is waived. If any of the provisions would seem invalid or unenforceable or void by a court, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision and all other provisions in the Terms & Policies remain in full force and effect.

3

Acceptance of terms
Not So-So may update these Terms & Policies at any time and will do its best to warn its users in such occasion via a message on the Not So-So site.

4

Description of the service
The “Services” includes (a) the Not So-So website and (b) the services provided by the website and (c) all data, text, sounds, video and images made available through the site (“content”). Any new features added to or augmenting the Service will also be subject to these Terms & Policies.

5

Permission to use the Service
You may access the Service for personal use only and only after explicit compliance with all the clauses in these Terms & Policies. By accessing the Service, you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service. You can link to the Site from your own website. You consent that we can, at any time, decide to stop providing the Service, without providing any notice.

6

Third party content
We do not review contributed content on the Site. Each contributor (user of the Service) remains fully responsible for checking the nature, privacy policy, accuracy and legal restrictions associated with their contribution, be it text, video, sound or image.
You consent that we can, at any time, decide to stop providing the Service, without providing any notice.

7

Security
Our system administrators took all the precautions possible to store your personal information secure. When you are logging into Not So-So, data is encrypted between your computer and our servers. Your personal settings can only be modified when your account authorizes it. We offer our users a possibility to store the password locally on their computer, which offers the possibility to logon to the Service without having to retype the password when accessing the Site. We strongly suggest not to use this feature on a public or shared computer.

8

Your personal information and third parties
We will never sell, neither rent your personal information to third parties. We will only use your personal information to:

  1. respond to your (technical) requests
  2. comply with laws and legal requests
  3. enforce these Terms & Policies
  4. allow the change of ownership of Not So-So, in which case these Terms & Policies will remain applicable

9

Exporting your personal information to other countries
Not So-So is fully owned and operated by a Belgian company, Letinsky BVBA. Our servers are based in Belgium. By complying with these Terms & Policies, you allow us to export your personal information to countries with weaker privacy laws like the ones in your country of residence. However, no matter where your information is stored and processed, the privacy terms in this document remain valid.

10

Exporting your personal information to other countries
You can change your personal information by accessing the Services. If you wish to correct any personal information and do not succeed doing so by accessing the Service, please send a mail to privacy@notsoso.com . We takle your privacy very seriously and will respond to any questions or ideas with regards to our current privacy policies.

11

Minimal age
Only people older then 16 years can use the service. We have the right to close any accounts used by children and will remove instantly any personal information and content submitted by users younger then 16 years.

12

Code of conduct
You will not violate any applicable laws, the rights of others or the operations of the Service. Below a non-limited list of not-allowed actions:

  1. Using the service to promote or conduct fraudulent or illegal activities/
  2. Using the service for actions violating privacy rights or harassing others.
  3. Using the service to spread racist messages or any hatred towards any group of people.
  4. Interfering with any part of the Service, modifying any data of the Service.
  5. Using an automated process causing greater use of the Service then the typical use of a single person.

13

Login
The login to the Service is your e-mail address. By registering as a user, you confirm that you are of age to sign a binding contract. We can, in our sole discretions, suspend our terminate your account when in case of violation of the code of conduct or in any where your actions seem offensive or inappropriate.You agree to keep your password confidential and ensure that you log out from the Service when using it on a public or shared computer.When you are aware of any unauthorized use of your login, pleased notify us immediately via the contact form . You are fully responsible for all activities that happen under your login. We will not be liable for any loss or damage arising from your failure to comply with this clause.You agree that Not So-So, can, without any notice or liability to you or any third party, immediately terminate your login. Reasons for this can be, but are not limited to, extended period of inactivity or violation of the Terms & Policies.

14

Contributions to the Not So-So service
You hereby grant Not So-So and its successors a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, publicly display in any media formats and through any media channels, including for promoting or reselling part of the Service. This license granted by you terminates once Not So-Sp removes your contributions from the Service. You understand that your contributions may be transmitted over various networks and media. Any material or idea you transmit via Not So-So may be used by Not So-So or its affiliates without compensation or liability.

15

Intellectual Property Infringment
If you believe that your work has been copied or distributed without your permission in connection with the Service, please notify us through the contact form or via mail. Your message must contain:

  1. a signature of the person who can act on behalf of the owner of the copyrighted interests
  2. a description of the infringed copyrighted interests
  3. a precise description of the infringing work and its location
  4. information allowing us to contact you
  5. a statement of you telling us that the information the use of the material identified in this complaint is not authorized by the copyright owner
  6. a statement t-of you that the information in the notification is accurate and, under the risk of being prosecuted,, that you are authorized to act on the copyright owner’s behalf

16

Disclaimer of warranties
You understand and agree that your use of the Service is at your own risk. The Service is provided on an “as is’ basis and the fullest extent permitted by law, we expressly disclaim all warranties in connection with the Service and your use thereaf. Not So-So does not give any warranties about the accuracy of the content made available through the Service or any content linked to from the Service. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered through the Service by a third party. Not So-So will not be a party or in any way be responsible for monitoring any transaction between you and third parties. You should use your best judgement and exercise caution where appropriate.

17

Limitation of liability
You understand and agree that Not So-So shall not be liable to you for any direct, indirect, incidental or consequential damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible loss resulting from:

  1. the use or inability to use the Service
  2. bugs, viruses, Trojan horses which may be transmitted through the Service
  3. personal damage of any nature resulting from the use of the Service
  4. any other matter relating to the Service.

When the limitation of liability shall, for any reason, be held unenforceable, you agree that the aggregate liability against Not So-So shale not exceed the amount of 100 (hundred) euros.

18

Indemnification
In case someone else uses your login for accessing the Service, by cooporation or negligence from your side; you agree, at your own expense to indemnify, defend and hold harmless Not So-So, owned by Letinsky BVBA and all its employees, agents and representatives against any claim, suit, action or administrative proceeding arising out of the use of the Service or violation of these Terms & Policies by the person using your login.

Copyright 2007 Not So-So (Letinsky BVBA)