Getyoo User Agreement

Version 1.1 – May 20th, 2010

1. Acceptance of this User Agreement

By joining, accessing, viewing, downloading or otherwise using Getyoo, or any webpage, feature or service available on or through www.getyoo.com, or any related emails, newsletters or services (hereinafter referred to as “Getyoo Services”) or by clicking “I Accept” or a similar icon or button under the text of this agreement in the course of the registration process (hereinafter referred to as “Getyoo Registration”), or by requesting the creation of a Getyoo account and validating the confirmation email, (i) you acknowledge to have read, understood and accepted the terms of this Getyoo User Agreement, including our Privacy Policy which is part thereof, (ii) you represent that you meet the Getyoo Eligibility Criteria set forth below (section 3 hereunder) and (iii) you agree to be legally bound by all the provisions of this User Agreement.

In your capacity of registered user of Getyoo (“Getyoo User”) and subject to the present Getyoo User Agreement, you are granted a personal, non transferable right to access and use Getyoo Services (said right being referred to as a “Getyoo Account” or an “Account”).

Getyoo Services are offered by, and this contract is entered into with, the Belgian company Getyoo S.A., with registered offices at rue des Tanneurs 58-62, 1000 Brussels, Belgium (hereinafter “Getyoo”).

Getyoo reserves the right to amend this User Agreement at any time, with the amendments entering into force immediately. You must therefore regularly check this page to review the most updated version thereof, which you are deemed to have accepted as set forth above regarding the initial version.

Connexion and server logs are legally enforceable evidence of your reading and accepting this Getyoo User Agreemen or the latest version thereof.

2. Clickeys and Tags

A Clickey is a USB-stick, equipped with a short-range RFID tag and containing a personal identifier (which is identical to the serial number of the processor installed on the Clickey). This Clickey identifier remains totally anonymous. A Clickey identifier may correspond to any natural or legal person with a Getyoo account (a “Contact”). We may also assign such identifiers to groups or associations (“Community”). A Tag is a short-range RFID microchip where Getyoo or third parties may store an identifier linking to any web content or file. A Tag identifier corresponds to an address (Uniform Resource Locator) linking to any web content or file, such as video or audio files, texts, pictures or any other information (“Media”). For more information on this subject, see here.

Clickeys and Tags are and remain the exclusive and sole property of Getyoo. Getyoo grants you a limited, strictly personal, and non transferable right to use a Clickey or a Tag for the purposes of experiencing the Getyoo Services and in accordance with the Getyoo User Agreement and the Privacy Policy. Purchase of Clickeys and Tags are subject to our Purchase Terms and Conditions (available here).

You shall protect your Clickey with a personal password, which you shall keep strictly confidential. In case of loss of theft of your Clickey, you shall immediately notify Getyoo in written; in order to prevent unauthorized use of information related to you, you shall also refrain from using the Getyoo Services until Getyoo allows you to resume the use of the Services and provides you with a new Clickey.

Getyoo may at any time direct you to return your Clickey for any reason it deems appropriate. You shall immediately return your Clickey at Getyoo’s first request, by ordinary mail or in the manner indicated by Getyoo.

3. Getyoo Eligibility Requirements

You represent and warrant that (i) you are above the age of 13, (ii) if you are under the age of 18 you have asked and obtained your parent’s authorization prior to becoming a Getyoo User and using the Getyoo Services, (iii) you have not been previously suspended or removed from Getyoo Services, (iv) you are not a direct competitor of Getyoo, (v) you do not have more than one Getyoo Account at a given time, (vi) you have full power and authority to enter into this Getyoo User Agreement and in so doing you do not violate any other agreement to which you are a party.

We have the right to suspend or terminate your Account at any time we think it is appropriate, should you fail to satisfy any of the conditions set forth in this section 3 or otherwise in this Getyoo User Agreement.

You must provide all necessary equipment and software to use the Getyoo Services, except the Clickey which is made available to you by Getyoo in accordance with sections 2 above and 7 below and with the Purchase Terms. If you use a mobile equipment, handset or other device, other than the Clickey, to use the Services, it is under your sole responsibility, and you must use one in working order and suitable for using all or part of the Services.

4. Getyoo Security Requirements

Security Data is any data associated to an Account and aimed at preserving the authenticity of the person accessing the Account and the integrity of the content thereof, e.g. a login, password or other associated data or information that can be used to access the Services. Security Data include in any instance the login and password of a given Account and the security password of a Clickey.

You shall keep all such Security Data strictly confidential and protect the same against breach, loss, leak or theft or other misappropriation. You shall use Security Data only for the purposes of using the Services in accordance with this Getyoo User Agreement, and with our Privacy Policy and you shall refrain from selling, trading or otherwise transferring or making available any Security Data to a third party. You shall not use another party’s Security Data and shall not let another party use your own Security Data.

You are responsible for whatever happens to your Security Data until you notify Getyoo of a breach, loss, leak or theft or other misappropriation, or prove that your Security Data was harmed due to a failure of our security systems.

You shall keep your Security Data and other information necessary to contact you accurate and up to date. We shall have no liability if you do not receive some important information from or about Getyoo as a result of your failure to maintain your personal information accurate.

5. Compliance with applicable laws and respect of other’s people rights

You must comply with all applicable laws, including the terms of this Agreement, as may be amended from time to time.

As a result, you will not use Getyoo Services or a Clickey to violate the law or to infringe other people’s rights, including intellectual property rights. If we believe this is the case, we reserve the right to remove any illegal or infringing content that you post on Getyoo and to terminate you Account at any time we think it is appropriate.

You will have to indemnify us and hold us harmless for any damages, losses and costs, including attorney costs, arising out of third party claims, and caused by your failure to comply with this Agreement, including, but not limited to, any content that you submit to Getyoo in violation of third parties’ property rights, including intellectual property rights, or any other illegal activity in which you engage using the Getyoo Services or the Clickey.

6. Submitting and sharing content and information

www.getyoo.com is a secured area for all Getyoo Users to post content and exchange information. Every Getyoo User has a personal page centralizing the User’s information (referred to as a “Profile Page”). As a Getyoo User, you may post information on your Profile Page, submit information on a third party’s Profile Page with the consent of the Profile holder, and accept other Profiles as members of your network on a case-by-case basis. Some Profiles are built to promote communities or events and are held by groups, associations, companies, events or brands (hereinafter “Community Profile”) and may, subject to your prior consent, send you promotional messages or offer additional services as described here and here (section 7.4. and 7.5).

You own all the content and information that you post on your Profile Page, and you can control how we share your content, in accordance with our Privacy Policy including your privacy settings (see section 7.5. and section 7.7.)

If you choose to submit anything to us, you thereby grant Getyoo a non-exclusive, assignable, sub-licensable, royalty-free, worldwide license to copy, make available, publicly perform or display, distribute, adapt, and otherwise use, any content that you submit to us, without any further consent, notice and/or compensation to you or any third parties. The effects of this license will end for the future when you delete the content or when you close your account, provided that the content published or shared to others beforehand remains subject to this license perpetually.

By submitting any personal information to us, you represent and warrant that such information is accurate, is not confidential, and is not in violation of any contractual restrictions or of other party’s rights. You further agree to inform us in the event that any such information has changed and, if appropriate, to make such modifications yourself to your Profile Page (in your Profile Information, as defined below at section 7.1.)

We exercise no control over any content you or other Getyoo Users submit while using Getyoo Services. We have no obligation to verify the identity of any Getyoo Users when they are connected to Getyoo. Should you believe that someone is misusing or otherwise appropriating your information or content, you must immediately inform us in the way described under section 10.

7. Privacy and Data Protection

Your privacy is our greatest concern. Please read carefully our Privacy Policy, which summarizes the most important aspects of our privacy and data protection policy. This Privacy Policy forms an integral part of this Getyoo User Agreement.

Getyoo processes your personal data for the purposes indicated in this User Agreement and our Privacy Policy. The general purpose of Getyoo is to enhance your social life by providing the missing link between on-line social networking sites and off-line experience. Thus, the general purposes for which Getyoo processes your information is (a) to allow you to better control what information is shared with others and (b) to let you enjoy enhanced, personalized and targeted messages, including from third parties, based only on such information as you accepted to share with us for that purpose. See more details here, here and here, and please do read our Privacy Policy.

Getyoo is the data controller under the Belgian Act of 8 December 1992 on the protection of private life with respect to the processing of personal data. Under said Act, you have the right to oppose to the use of your personal data for direct marketing purposes, and you have the right to access your data and have the same rectified.

Some information, statements, data and content, including pictures, which you choose to submit or post on Getyoo, may, or is likely to, reveal your or other people’s gender, ethnic origin, nationality, religion, philosophical belief, sexual orientations, or other sensitive information. You agree that you are providing all such information in full acknowledgement of the sensitive nature thereof and under your sole responsibility. By posting sensitive information related to you, which is optional and not required to use the Getyoo Services, you hereby expressly give your informed consent to the processing of such data in accordance with our Privacy Policy.

Unless specifically authorized by us, you may not use any data or information available on the Getyoo Services as a means of generating revenue through the sale of contact or of other information. Community Profiles enjoy specific exploitation rights as described hereunder in section 9 below and they may therefore, subject to your prior consent, use your information or data for direct marketing purposes as explained in our Privacy Policy and in section 7.5.

You hereby agree that we may send to you commercial communications regarding Getyoo by e-mail or through other means, including mobile devices or other devices you use to access Getyoo Services, including the Clickey.

7.1. What information do we collect and how?

The following information is collected and/or processed by Getyoo:

Account Information: this is basic information you must provide us with in order to create an account, i.e. your name, email address and password;
Profile Information: this is personally identifiable information you may choose to communicate or not when creating your Profile Page, i.e. your name, email address, country, address, occupation, gender, birth date, phone and fax numbers, company, company address, etc.;
Activity Information: this is all the information that you decide to post on your Profile Page, subject to the possibilities offered by Getyoo. Activity Information may include (i) Media, Communities or Contacts that you add to your Profile Page, (ii) comment posted by your Contacts and (iii) personal information published on third party platforms such as Facebook, Twitter or similar social networking services providers, subject to your prior consent;
Information collected and generated by the use of the Clickey, as explained here

All that information is centralized in your personal Profile Page. Your Profile Information is publicly available to all, unless you specifically restrict it, as explained here and here. Your Activity Information is available to all Getyoo members, and may also be retrieved by any third party using search engine or other standard internet technology, since it is publicly available at the address (URL) of your personal Profile Page (such as http://www.getyoo.com/FirstnameSecondname).

The general purpose of Getyoo is to enhance your social life by providing the missing link between on-line social networking sites and off-line experience. Thus, the general purposes for which Getyoo processes your information is (a) to allow you to better control of what information is shared with others and (b) to let you enjoy enhanced, personalized and targeted messages, including from third parties, based only on such information as you accepted to share with us for that purpose.

7.2. What are Clickeys and Tags and how do they work ?

Clickeys and Tags are devices that enhance your social networking experience while allowing you to better control your privacy. The use of Clickeys or Tags is not mandatory to enjoy the Getyoo services. You may however want to use them in order to expand your network and to control with whom and when you decide to share information. If you don’t have a Clickey, you may obtain one subject to our Purchase Terms.

7.2.1. How does the system work?

A Tag is a short-range RFID microchip where Getyoo or third parties may store an identifier linking to any web content or file. A Tag identifier corresponds to an address (Uniform Resource Locator) linking to any web content or file, such as video or audio files, texts, pictures or any other information (“Media”).

With your Clickey, you may choose to collect the identifiers of other Clickeys and/or of Tags, as indicated below. Once collected, you decide whether or not to add these Contacts, Communities or Medias to your Profile Page (Activity Information).

You decide whether or not to collect Clickey or Tag identifiers

The Clickey must be switched on to be activated and shall automatically switch off after 10 seconds. Provided that your Clickey is activated, the RFID tag therein will send your identifier to, and collect the identifiers from, (i) any other Clickey which is activated and which is distant from less than five centimetres and from (ii) any Tag which is distant from less than five centimetres (Tags are always activated by default).
After transmission, all identifiers are temporarily stored on a separate memory of the Clickey, with a limited storage capacity.
You decide whether or not to retrieve which Getyoo accounts own these identifies

Your Clickey has built-in software that will automatically run once the USB-stick is plugged to a personal computer. The software will automatically read all identifiers (Clickeys and/or Tags) available on your Clickey, and transfer that information to www.getyoo.com. You will then see which Contacts, Communities or Medias correspond to the identifiers you have collected, and you will have the possibility to add them to your Profile Page.

If you have not created a profile yet, a welcome message will be displayed and provide you with the information necessary to create your profile.
You decide whether to add these accounts to your Profile Page

Only then will you have to choose whether or not to add these Contacts, Communities or Medias to your Profile Page, on a case-by-case basis. If you decide to add a Community or Media to your Profile Page, your membership of the Community or your relation with the Media will be part of the Activity Information, and therefore be publicly accessible. Also, you will be able to receive structured messages from, or to enjoy specific services delivered by, that Community (see here and here).

7.2.2. What personal information exactly is collected or disclosed through the use of the Clickey?

Clickeys and/or Tags can only send and receive identifiers, and no other type of information. The transmission of your own identifier requires your prior consent on a case-by-case basis, since you must switch on the RFID tag to activate the key (see above), be it to collect another Clickey or a Tag identifier.

Subject to your prior consent (given by activating your Clickey), we therefore only collect your identifier and the identifiers collected by your Clickey, as well as the time and duration of the transmission of those data. We do not collect the location of the transmission, since we do not and cannot collect the location of the Clickeys. However, your collecting a Tag identifier, and placing it on your Profile Page may allow third parties to indirectly find out at which place you collected the same Tag.

All identifiers that are collected by your Clickey are stored on the memory of the key, and not on the RFID tag itself. The memory has a limited capacity of 200 identifiers. Identifiers exceeding this capacity are erased automatically and irrevocably.

An identifier is normally linked to a Getyoo profile. Before the user’s profile is created, the identifier is linked to an empty and anonymous profile. We use the identifiers only in order to deliver our services, as explained here and we share that information with others only subject to your prior consent, as explained here.

Each Clickey is protected by a security password defined by you on your first connection. So, the information stored on the memory of the key is not accessible to others. On the first connection of the Clickey you will be required to create a password for security reasons. That password is part of the Security Data, and is subject to section 4 above of the Getyoo User Agreement.

7.2.3. Does the use of RFID technology involve threats for my private life?

The idea behind the Clickeys is to allow you to exchange your personal information easily, but only when you wish and only with people of your choice. Therefore, the use of the RFID technology will not result in your personal information being disseminated without your prior consent. You should however be cautious as to what information you post on your Profile Page.

The RFID tags on our Clickeys do not include an EPC number, but only the identifier described above, which is the serial number of the processor. Your identifier is the only information on the Clickey that could be accessible to an external RFID reader, but this information is totally anonymous as such.

No location data is collected nor generated through the use of the Clickeys. In the future, we may decide to collect and process some location data, subject to your prior consent, through the use of the Tags.

The use of RFID technology is currently not precisely regulated under European or Belgian laws. However, we closely monitor developments in this field in order to ensure full compliance with the applicable requirements, in terms of security, protection of privacy and data protection, etc.

7.3. Do we collect sensitive data?

Sensitive date is e.g. health-related data, information revealing your racial or ethnical origin, your political, philosophical or religious beliefs, your sexual orientations, your trade union affiliation, etc. We stress that sensitive data is only collected and processed subject to your prior and written approval, and for the purposes described in this privacy policy and in sections 7.1. and 7.5. It is therefore never mandatory to provide us with sensitive data.

We do not process sensitive data, except if and strictly to the extent that you decide to publish or share such information with others on the Getyoo website, and for the purposes described in this privacy policy and in sections 7.1. and 7.5.

The use of social networking services may lead you to disclose information, including pictures and sensitive data that can be critical for other people’s privacy. We urge you to process information related to other people, whether sensitive or not, only with their prior consent.

7.4. How do we share information with third parties?

We do not share your personal information with third parties without your prior consent and we remain within the boundaries of your settings.

Whether or not you decide to share your identifier with third parties, to add Contacts, Communities or Medias to your Profile Page, and to publish information on your Profile Page, is entirely within your hands: see sections 7.2. and 7.7.

Your Profile Information (as defined here) is publicly accessible on the internet, but you may at any time request us to restrict access thereto, in which case it will be accessible only to your Contacts.
Your Activity Information (as defined here) is publicly accessible. It includes the Contacts, Communities, or Medias that you decide to add to your Profile Page because you want to share them with Getyoo and with others.
If you decide to add a Community or Media to your profile, your membership of the Community or your relation with the Media will be part of the Activity Information, and therefore be publicly accessible. Also, you will be able to receive structured messages from, or to enjoy specific services delivered by, that Community, as provided under sections 7.5. and 9.
Your Contacts may post information on your Profile Page, like limited written comments, which will be part of the Activity Information.
You may at any time delete or amend your Profile Information.
You decide at any time whether to add or to discard Contacts, Communities or Medias from your Profile Page.

We shall thus make your information available to third parties offering services combined and approved by Getyoo, only if these services are specifically approved by you in advance, in that you (i) first decided to collect their identifiers with your Clickey, (ii) secondly decided to add them to your personal Profile Page.

Specialized providers of web advertisement and web analysis may from time to time obtain your IP address, or information gathered by their own cookies. However, third party advertisers have no access to your personal information unless you decide to share the same with them in accordance with this privacy policy.

7.5. How do we use your personal information and for what purposes ?

We use your information for the following purposes:

Manage your account and customize the services we deliver;
Provide you with the facilities and services mentioned above or otherwise available on www.getyoo.com, and allow you to control what information, if any, is shared with other profiles, and to communicate with other profiles;
Send you promotional communications from Communities or Contacts accepted by you in advance;
Propose personalized services or advertisements, including on behalf of third parties, subject to your prior approval;
Deliver services requested by you, including, when necessary, transmitting the necessary information to third parties (service providers).

In addition, we reserve the right to use the Profile Information in order to post on the website advertising messages specifically adapted in function of that profile information. However, we do not use your Profile Information for direct marketing purposes.

You will only receive communications, with your prior consent, from such Contacts and of Communities as accepted by you. Communities may only use the Getyoo services defined by us, a description of which is available here.

In short, we allow Communities to do the following for their own purposes:

send structured messages to the Contacts who accepted them;
post Media on their own Profile Page, make them available to their Contacts and manage the use of these Medias, including analysing the access, deletion, transfer, modification or other use of the files by their Contacts;
analyse statistical data related to their Contacts;
modify the graphical design of their Profile Page.

We may also collect information automatically gathered by cookies when you surf on our website, as well as information gathered by other technologies in order to recognize you, customize your experience and to deliver targeted advertisements, including from third parties. In addition, browsing information generated automatically when you leave or arrive on our website, such as an IP address, the URL’s of the visited sites, your type of browser and your access provider, may be collected by us for the same purposes.

7.6. Children

Because we care about your privacy, we do not allow people under the age of 13 to create a Getyoo Account nor to use the Getyoo Services. If you are under 13, please immediately remove any information related to you that you transmitted to us and delete your account here.

If you are between 13 and 18 years old, we strongly recommend asking for your parents’ authorization before sending any information about yourself on the internet.

Profile Information of users under the age of 18 are not searchable using classical internet search engines, provided that they respect the so-called robot.txt functionality.

Don’t lie or misrepresent your age, and avoid re-registering with a different age after being previously rejected due to age restrictions.

We advise you not to accept contact requests from profile holders you don’t know, and we encourage you to put your privacy settings to restrict access to your profile information.

Don’t accept face-to-face meetings or appointments with people you never met in real life before.

Please refer to our guidelines for safer social networking.

7.7. Your choices and your settings

Our default profile settings are set to have only a very few personal information on your Profile Page, i.e. the Profile Information. In addition, you may restrict access to your Profile Information to your Contacts.

Adapt these settings, especially your profile settings, and to adjust your preferences (you may not change the Clickey settings), including:

Enhance, modify or edit your Profile Information;
Add Contacts, Media or Communities to your Profile Page;
Decide whether or not to receive communications from Communities, by including or discarding them from your Profile Page;
Communicate with your Contacts and control these communications;
Instruct us to suppress or to suspend your Account.

7.8. Your rights

The Act of 8 December 1992 on the protection of privacy with respect to the processing of personal data allows you to refuse any processing of your personal data for direct marketing purposes. In the same line, we do not process your data for such purposes, except with your prior consent and subject to the above (see section 4 and section 5)

You also have the right to access your personal data and, where necessary, to have that same data rectified.

In order to exercise those rights, you must apply in written to Getyoo:

Getyoo
Privacy Protection
60a rue des Tanneurs / Huidevetterstraat 60a
1000 Brussels, Belgium

Or write by email to privacy@getyoo.com

7.9. Guidelines for a safer social networking

You may help us making social networking a safer experience by adopting an appropriate conduct and refraining from posting illicit or abusive content on our services. Please refer to our terms and conditions to find out what we regard as inappropriate, illicit or abusive use of our services.

In any instance, don’t post or circulate in any manner content such as hate speech and incitement to hatred, images of child abuse, pornography or other sexually illicit material. Posting or disseminating inappropriate content may result in your account being temporarily suspended, or irrevocably deleted, as explained here.

Please report to us any illicit, inappropriate or harmful content without delay following our Notification Procedure, write by email to report@getyoo.com, to allow us to take the necessary steps as quickly as possible.

In addition, note that the use of social networking services may lead you to disclose information, including pictures and sensitive data, which can be critical for other people’s privacy. Accordingly, please publish or use information related to other people only with their prior consent.

7.10. Contact us

For any information in relation with your privacy or the above, please contact us at privacy@getyoo.com

8. Access and use of Getyoo

Except as regards the content and information posted by the Getyoo Users, all or part of the Getyoo website, platform and tools including, without limitation, any graphic or literary elements thereof (be it logos, trade marks or trade names, pictures, photographs, designs, texts, video or audio files, etc.), any database, any software, computer program, routines, scripts, applets, or any directories or files of whatever nature, necessary for the processing or the use of Getyoo, are and shall remain protected by intellectual property rights and personality rights owned by or licensed to Getyoo. Getyoo Services may therefore not be used in any other manner than specified in this User Agreement without Getyoo’s prior written consent.

Getyoo grants you a limited, revocable, non exclusive, non assignable, non sublicenseable, right to access Getyoo’s website, to view information and content provided on Getyoo, and to submit content and information on Getyoo Services and to use the Clickey in accordance with the terms of this User Agreement. Getyoo grants you no other rights, whether express, implied of otherwise. Any other rights not expressly granted by the Agreement, including, but no limited to, ownership and intellectual property rights in Getyoo Services, Clickey and all related items, are reserved.

The access and use of Getyoo Services and Clickey shall be provided through Getyoo’s software, proprietary tools, rules and protocols, which we may update, improve, modify, replace, refuse access to, suspend or interrupt in whole or in part at any given time, at our sole discretion. We do not guarantee that the Services which we provide will function without interruption or errors. In particular, their operation may be momentarily interrupted due to maintenance, updates or technical improvements.

Getyoo may include links to third party websites. We are not responsible and we do not endorse any advertising, products or other materials coming from such websites. Getyoo may also include texts, pictures, sound, videos, information, applications, software, platforms and other contents or items originating from third parties. If you decide to access third party websites or platforms, or to use, download or install third party content, software or applications, you do so at your own risk and you should be aware that this Getyoo User Agreement is not applicable to them, but only the terms and policies provided by the third party.

9. Community or Event Profiles

Getyoo allows Community Profiles to send structured messages or to deliver specific services aimed at the promotion or commercialization of the Community, or associated products or services, but only to such Getyoo Users who have given their prior consent in this respect (“Community Members”). And, in particular, Getyoo offers the following services to Community Profiles:

Sending structured messages to members of the Profile network, i.e. Contacts who added the Community to their Profile Page or accepted to be on the Community Profile Page;
- Post Medias on the Profile Page, making them available to the Community Members and managing the use of these files, including analysing the access, deletion, transfer, modification or other use of the files by individual Community Members;
Analyzing statistical data related to Community Members;
Modify the graphical design of the Community Profile Page;

10. Notice and Procedure for making Complaints regarding Content

To notify us of content that infringes your rights or third parties’ rights or is otherwise unlawful (« the Alleged Harmful Content »), you must send a notice on the e-mail address report@getyoo.com with the following mandatory information:

your name, address, telephone number and e-mail address;
a description of the Alleged Harmful Content, the date and time you found it, its exact location on Getyoo and the parts of it that should be removed ;
a description of the reasons why you think the Alleged Harmful Content is infringing or illegal in whole or in part ;
the proof of the rights that you consider to be infringed, when appropriate ;
an official statement signed by you that the above information is accurate and that you are personally injured or damaged by the Alleged Harmful Content.

If we receive a notice that complies with the above requirements, we will evaluate the information you provided and, if appropriate, disable access to the Alleged Harmful Content. In such a case, we may notify the source or author of the Alleged Harmful Content of your complaint and of our action. If the source of the Alleged Harmful Content provides us with information indicating that the Alleged Harmful Content has been removed wrongly, we may, if appropriate, reinstate the same Content. These procedures remain at our sole discretion.

11. Liability and Damages

Our liability is only to grant you the right to access and use Getyoo and the Clickey. In no event shall any provision under this Agreement have the effect of, or be construed as, creating any obligation upon us as to content and information published by you. You remain solely and entirely liable and responsible, in every possible respect, notably towards all competent authorities and third parties, and shall support all consequences vis-à-vis these authorities, resulting from the posting and sharing or your content and information.

We shall make reasonable efforts to safeguard the confidentiality of your personal information, in accordance with this Agreement and, more generally, the conformity of Getyoo with the requirements and specifications set forth in this Agreement. However, we may not be held liable for any loss or damage arising out of (and to the extent caused by) unauthorized access to, or use of your personal information and content.

You acknowledge that Getyoo has not been prepared to meet your individual requirements. We shall not be liable for any failure of Getyoo to provide any facility or function not specified in this Agreement.

We shall not be liable to you for any loss arising out of (and to the extent caused by) any failure by you to keep full and up-to-date security copies of the computer programs and data it uses in accordance with best computing practice. Neither do we make any representation or warranty, as to the quality and speed of data transmission or to the interruptions of service.

We are liable only for damages resulting from the intentional misconduct or gross negligence of the company Getyoo, its legal representatives, employees or authorized agents.

Liability is limited to damages directly associated with this Agreement. Notwithstanding anything else contained in this Agreement, Getyoo shall not be liable to you for loss of profits or contracts, loss of goodwill or other special, indirect or consequential loss whether arising from negligence, breach of contract or howsoever.

12. Termination

You may terminate the Agreement, for any or no cause, at any time, with notice to Getyoo which shall be effective upon Getyoo receiving such notice. Getyoo may terminate this Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately, of as may be specified in the notice.

Termination of your Getyoo account includes disabling your access to Getyoo, including any content you submitted and other content submitted on your account. Getyoo may at any time deactive your Clickey, and may also bar you from any future use of Getyoo, if you proceeded to infringing or illegal activities on Getyoo or for other reasons Getyoo deems appropriate.

13. Miscellanea

This Agreement and the Privacy Policy constitute the entire agreement between you and us, and supersede any prior or contemporaneous communications, representations or agreements, whether oral or written, regarding the subject matter of this Agreement and of the Privacy Policy. Should you have additional or different terms and conditions, they shall not apply.

We reserve the right to modify, supplement or replace the terms of this Agreement. Any change to the terms of this Agreement shall be effective as from 15 days upon posting on the website www.getyoo.com. If you disagree with the changes to the Agreement, you can terminate the Agreement at any time according to section 12.

You may not assign or delegate any rights, duties or obligations under this Agreement to any person or entity, in whole or in part, without the prior written consent of Getyoo. We may freely assign or delegate all our rights and obligations under this Agreement, in whole of in part, including by merger, by sale of assets, or by operation of law.

If any term or provision of this Agreement is held to be illegal or unenforceable, such provision shall be interpreted so as to give maximum effect to its intended purpose, and the validity or enforceability of the remainder of this Agreement shall not be affected.

Without prejudice to what has been said under section 10, all notices which are required to be given under this Agreement shall be done in writing and shall be sent by e-mail to the e-mail address support@getyoo.com or by mail to the s.a. Getyoo, rue des Tanneurs, 58-62, 1000 Bruxelles.

Our failure to exercise any of our rights under this Agreement shall not constitute or be deemed to constitute a waiver or forfeiture of such rights. In particular, our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar other breaches.

This Agreement is made under and shall be construed in accordance with Belgian law and the Parties agree to submit any dispute arising in respect of it exclusively to the courts of Brussels.