The owner of this publicly available website and the secure portal (the “platform”) is QTEM AISBL, an international association incorporated under Belgian law, registered in Brussels, Belgium, with company registration no. 0689.641.294, having its registered headquarters and offices at 50 Avenue Franklin Roosevelt, P.O. Box 135, 1050 Brussels, Belgium, telephone number +3226506758 (“QTEM”).
By using this platform or its content, whether directly or through a third party, you agree to be legally bound by and act in accordance with these Terms of Use. If you disagree with these Terms of Use, you are not permitted to, and agree not to, use this platform or its content.
If you are accepting these terms and conditions on behalf of a company or any other (legal or natural) person, you represent and warrant that you have full authority to bind that company or person to these terms and conditions.
Permitted use
You are not permitted to use this platform (including any mobile app and any webpage and/or data that passes through the web domain at qtem.org), its underlying computer programs (including application programming interfaces (“APIs”)), domain names, Uniform Resource Locators (“URLs”), databases, functions or its content other than for the good fulfilment of your rights and duties in the QTEM network.
Use of any automated system or software, whether operated by a third party or otherwise, to extract any data from this platform for commercial purposes (“screen scraping”) is prohibited. QTEM reserves its right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of this platform.
User content
3.1. You confirm that images, sounds, text or information that you share or create, as well as the metadata attached to these images, sounds, text or information (together: “User Content”) whilst using this platform will meet the Rules of Acceptable Use (as set out below).
3.2. You give QTEM unlimited permission to use and re-use your User Content, to the largest extent permitted under applicable law. This means inter alia that you grant us a worldwide, non-exclusive, royalty-free and perpetual license to use, re-use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license and sub-license such User Content anywhere and in any form for the purposes of operating our platform and business, including for purposes of performing big data analytics and/or generating industry-wide analyses, statistics and reports. Our right to use your User Content does not in any way affect your privacy rights and we will only use personal data as set out in our privacy policy.
3.3. We do not check or moderate any User Content before it is added to the platform. We may later check, moderate, reject, refuse or delete any User Content if we believe that it breaks any of the Rules of Acceptable Use or the applicable law.
Acceptable use
4.1. In addition to the other requirements within these Terms of Use, this section describes specific rules that apply to your use of our platform, including the interactive features (the “Rules of Acceptable Use”).
4.2. When using our platform you must not:
a) circumvent, disable or otherwise interfere with any security related features of the platform or features that prevent or restrict use or copying of the content accessible via the platform;
b) give any false information in your account details;
c) take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity or organization;
d) use the platform if we have suspended or banned you from using it;
e) send junk, spam or repetitive messages;
f) engage in any illegal or unlawful conduct;
g) modify, interfere, intercept, disrupt or hack the platform;
h) misuse the platform by knowingly introducing viruses, Trojans, worms, logic bombs or other similar material or by undertaking any other action which would harm the platform, any platform user’s equipment or have a detrimental impact on any platform user’s experience of using the platform;
i) collect any data from the platform other than in accordance with these Terms of Use;
j) submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive;
k) abuse, harm or bully another platform user, member of our staff or person;
l) submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or
m) submit or contribute any information or commentary about another person which is untrue, private, confidential or defamatory (including personally accusing another person of unproven criminality or serious wrongdoing which could damage their reputation in the eyes of anyone reading your comment).
4.3. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use the platform; (b) immediate, temporary or permanent removal of any User Content; (c) issuing of a warning to you; (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Notice and take down policy
5.1. If you believe that content available through the platform: (a) infringes your rights or any rights of a third party you represent; or (b) otherwise breaches the Rules of Acceptable Use, please tell us immediately by sending an e-mail to privacy@qtem.org.
5.2. When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
5.3. We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
Your account and password
If you set up an account or are given access to the secure portal on our platform, you must treat your login details as confidential. You must not disclose them to any third party. We have the right to disable any account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your login details, you must promptly notify us at privacy@qtem.org.
Intellectual property
Information, data, metadata, underlying computer programs (including APIs), domain names, URLs, databases, and materials presented on the platform, including names, logos, etc., as well as the color scheme and the layout of the platform, may be subject to copyright, trade mark rights, database rights and/or other intellectual property rights. You may use such content only as strictly required for permitted personal, non-commercial purposes. Any other use and/or reproduction of such content, without the prior written consent of QTEM, is prohibited and will constitute a breach of these Terms of Use and may infringe QTEM’s intellectual property rights.
Links
8.1. Links to third party platforms from our platform are provided solely for your convenience. If you use these links you leave our platform. We do not control, and are not responsible for, these platforms, their content or their availability. We in no way endorse or make representations about them, or any material found on them. Accessing third party platforms from our platform is done entirely at your own risk.
8.2. You may link to our publicly available website homepage (www.qtem.org), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our platform on a platform owned or controlled by you on receipt of a request from us.
Limited liability
9.1. To the largest extent permitted under applicable law, QTEM will not be held liable for any losses and/or damages arising from the use of this platform or of any other platform to which this platform provides a link, and/or from the use of information presented on this or any such other platform.
9.2. In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
Applicable law and jurisdiction
It is a condition precedent to the use of the QTEM platform that any such party submits to the sole and exclusive jurisdiction of the Courts of Belgium and to the application of the law in that jurisdiction, including any party accessing such information or facilities on their own behalf or on behalf of others. In the absolute and sole discretion of QTEM, a legal action may be brought by QTEM against any party in breach of these terms, at its election, in Belgium or the place of breach or the domicile of that party, and, if more than one party, in the domicile of any one of those parties, and all other parties shall submit to that jurisdiction.
Miscellaneous
11.1. We reserve the right to modify and update these Terms of Use from time to time. We will bring these changes to your attention should they be indicative of a fundamental change or be relevant to you and impact your rights.
11.2. If any of these Terms of Use is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
11.3. If you would like to provide feedback on our platform, please contact us at privacy@qtem.org.
