These Terms of Service ("Terms") govern the contractual
relationship between Creacore SRL, a company governed under the laws
of Belgium, having its registered office at Quai Banning 6 4000,
Liège, Belgium (hereinafter referred to as "Creacore",
"we", "our", and "us"), and each user or
visitor (collectively "you" or "your") (i)
accessing/using the website located at
https://cbe2json.be (hereinafter
referred to as "Website"), (ii) using the API and Services
(as further defined under Section 3 of these Terms), and/or (iii)
using any or all subdomain URLs related to the Website and pointing
to the API including the subdomain located at
https://api.cbe2json.be
(hereinafter referred to together as "Subdomain URL(s)").
You and Creacore shall also hereinafter be referred to together as
the "Parties" and individually as a "Party".
Please read these Terms carefully before using the Website,
Subdomain URLs, API and Services. Your access to the Website and
your use of the Subdomain URLs, API and/or Services (defined below)
is conditioned upon your acceptance of and compliance with these
Terms.
1.
Acceptance & Modification of the Terms
By accessing the Website and by using the Subdomain URLs, API
(defined below) and Services (defined below) you agree to be bound
by these Terms and accept to comply with all applicable laws and
regulations. Should you disagree to be bound by these Terms, in
whole or in part, you shall (i) not be permitted/authorized to use
the API (defined below) and Services (defined below), and (ii)
refrain from accessing the Website, Subdomain URLs and Services.
Your continued use of the Website, Subdomain URLs, API and Services
shall be deemed to constitute your acceptance of these Terms.
Creacore reserves the right, at any time and in its sole discretion,
to modify or replace these Terms. You shall be solely responsible
for checking these Terms periodically, to stay abreast of any
changes to the Terms. Your continued access to the Website, use of
the Subdomain URLs, API and Services following the posting of any
changes to these Terms shall be subject to the newly modified Terms.
2.1
Subject to these Terms, Creacore hereby grants you with a limited,
non-exclusive, non-transferable, revocable right to use the
Website, Subdomain URLs, Services and API, for the duration of the
Subscription Plan (defined below) you select. All rights not
expressly granted to you hereunder are and shall be reserved by
Creacore and its licensors. Should you permit any third party to
use the Services on your behalf, you shall be solely responsible
for ensuring such third party's compliance with these Terms.
2.2
You shall retain all right, title and interest, including all
intellectual property rights, in your data, which shall include
but not be limited to any Deliverables (defined below), data,
code, images, information in your User Account (as defined below),
parameters, URLs and all other materials
found in your User account pertaining to you and your use of the
Website, Subdomain URLs, Services and API ("User Data").
You hereby grant Creacore the limited and non-exclusive right to
use your User Data, free of charge, to the extent necessary for
Creacore to (i) exercise Creacore's rights under these Terms, and
(ii) perform Creacore's obligations under these Terms.
3.1
Creacore provides you, through the Website and Subdomain URLs, with
its proprietary Web-based Software-as-a-Service (SaaS) platform
which enables you to have an access to CBE Data (the
"Service(s)").
3.2
The Services are provided to you by Creacore through Creacore's
cloud-based 'cbe2json' Application Programming Interface (API)
software (hereinafter referred to collectively as the
"API").
3.3
You covenant that you shall not (i) use the Website, Subdomain
URLs, API and Services in any illegal or unlawful manner or for
any illegal or unlawful purposes, or (ii) perform any act, which
interferes with or disrupts the API and Services.
3.4
You agree that when using the Website, Subdomain URLs, API and
Services, you will not:
(i)
use any Deliverables, material or information, including
images or photographs, which are made available by Creacore
through the Services in any manner that infringes any
copyright, trademark, patent, trade secret, or other
proprietary right of any party;
(ii)
upload files which contain viruses, Trojan horses, worms, time
bombs, cancel bots, corrupted files, or any other similar
software or programs that may damage the operation of
another's computer or property of another;
(iii)
violate any applicable laws or regulations;
(iv)
use the Website, Subdomain URLs, Services or API in any manner
that may overburden or threatens the integrity, performance or
availability of the Website, Subdomain URLs, Services ;
(v)
create a false identity for the purpose of misleading Creacore
or its vendors/suppliers;
(vi)
use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of users of the
Website, Subdomain URLs, API and Services or other user or
usage information or any portion thereof;
(vii)
take any action that imposes an unreasonable or
disproportionately large load on the API infrastructure; and
(viii)
(sub)license or (re-)sell our API and Services.
3.5
Rate Limit & Quota. You acknowledge and agree to (i) not
exceed the API rate limit for the amount of API calls per second,
and (ii) track your rate limit and quota from the HTTP headers or
the quota endpoint. If you receive an HTTP 429 response, you shall
perform an exponential back off.
3.6
Creacore may in its sole discretion change, suspend or discontinue
any part or all of the Services.
You acknowledge that Creacore shall have no intellectual property
rights in/to the Deliverables and as such, you shall defend, hold
harmless and indemnify Creacore and its affiliates (if any) from
and against any third party damages, losses, claims and/or actions
which may arise or result from the display, submission and/or use
of the Deliverables by you.
Creacore may provide reasonable support services to you, via the
Website chat or email, aimed at addressing any queries and
technical issues you may experience in using the API and Services.
Our support services may include but shall not be limited to (i)
instructions on how to use the Services and API, (ii) solving issues
you may experience with the use of the Services and API, (iii)
solving any issues you may have as a result of your incorrect use of
the Services and API, and (iv) providing technical assistance with
coding and the API.
6.1
Your use of the API and Services shall be billed on a recurring
and periodic basis. Creacore currently offers you a choice of three
(3) subscription plans on the Website that enables you to use the
API and Services ("
Subscription Plan(s)"). Each
Subscription Plan includes restrictions and requirements that
outline the features of the Subscription Plan that you will have
access to as well as the applicable fee. The features of each
Subscription Plan (as further detailed on the Website) are as
follows:
(i)
Free Subscription Plan which includes only company name and juridical form data,
and limited for 250 requests / month
(ii)
Pro Subscription Plan which includes all available data, 20 000 requests / month and 10 concurrent requests
(iii)
Enterprise Subscription Plan which includes all available data and unlimited requests / month
6.2
You will be billed on a recurring and periodic basis ("Billing Cycle"). Billing Cycles may be set on a monthly or yearly basis.
6.3
At the end of each Billing Cycle, your Subscription Plan will
automatically renew under the exact same conditions unless (i) you
cancel your Subscription Plan from your User Account dashboard, or
(ii) Creacore cancels the Subscription Plan, in accordance with
these Terms.
6.4
A valid credit card is required to process the payment for your
selected paid Subscription Plan. When you subscribe to a paid
Subscription Plan, you shall provide Creacore with your full name,
business name, address, postal code, telephone number, value added
tax identity number, and credit card details. By submitting such
payment information, you automatically authorize Creacore to charge
all Subscription Plan fees (owed by you to Creacore) to such credit
card of yours.
7.
Subscription Plan Fees
7.1
Creacore may at its sole discretion and at any time, modify the
Subscription Plan fees. Any Subscription Plan fee change will
become effective at the end of the then-current Billing Cycle.
Creacore shall provide you with reasonable prior notice of any
change in Subscription Plan fees to give you the opportunity to
terminate your Subscription Plan before such change becomes
effective. Your continued use of the Services and API after the
Subscription Plan fee change has come into effect shall constitute
your agreement to pay the modified Subscription Plan fee amount.
7.2
For each Subscription Plan, offered by Creacore on the Website, a
specific monthly fee (which varies according to the Subscription
Plan you select) shall apply.
7.3
You shall pay Creacore all fees associated with your selected
Subscription Plan on time. Subscription Plan fee Payments shall be
strictly non-refundable.
7.4
You shall provide Creacore with accurate and complete credit card
details to ensure a valid payment method. You warrant that you are
authorized to use your chosen credit card as a payment method. You
shall notify Creacore of any changes to your credit card details
and invoicing address.
7.5
By completing the required registration on the Website for a
specific Subscription Plan, you agree to authorize Creacore and/or
our third party payment processor Stripe, to charge your credit
card on a recurring monthly basis, until cancellation of the
Subscription Plan or until termination/suspension of these Terms
as further provided herein under Section 18, for (i) the
applicable Subscription Plan fee, (ii) any other charges as agreed
between the Parties, and (iii) any and all applicable taxes.
7.6
If Creacore does not receive payment from your verified payment
method on the due date, you shall immediately pay all amounts due
to Creacore upon request. Should Creacore be unable to collect all
such outstanding amounts, Creacore may at its sole discretion close
and cancel your User Account and access to the API, Subdomain URLs
and Services without any notice to you.
7.7
You agree to notify Creacore of any billing queries and errors
within thirty (30) days after receipt of your invoice. Should you
not notify Creacore of any billing queries and/or errors, this
absence of notification on your part shall be deemed to constitute
your waiver of your right to dispute such queries and errors at a
later date.
7.8
Creacore does not guarantee that the Subscription Plans offered on
the Website, will be offered indefinitely and reserves the right
to change the Subscription Plan fees and to alter the features and
options associated with any particular Subscription Plan.
8.1
Under these Terms, the term "Taxes" shall mean taxes,
charges, duties, fees, levies, and other charges of a governmental
authority, including income, withholding, social security, social
contribution, transfer, sales, use, value-added and all other
taxes of any kind for which a Party may have any liability imposed
by any governmental authority, whether disputed or not, any
related charges, interest or penalties imposed by any governmental
authority, and any liability for any other person as a transferee
or successor by Law, contract or otherwise.
8.2
All fees for the paid Subscription Plans, as illustrated on the
Website are inclusive of any and all Taxes.
8.3
You shall be responsible for the payment of all Taxes associated
with the purchase of the Services and you shall not deduct from
the payments due to Creacore, any Taxes, except as is required by
applicable law.
9.
Registration, Password and security
9.1
To be able to use the API, Subdomain URLs and Services, you must
register only one (1) user account on the Website by providing all
required information which shall include but not be limited to
your full name, email address, and contact information. An account
shall thereafter be opened by Creacore for you on the Website ("User Account").
9.2
You agree to:
(i)
provide true, accurate, current and complete information
about yourself as prompted by Creacore's registration process
on the Website; and
(ii)
maintain and promptly update the information provided during
registration to keep it true, accurate, current, and
complete at all times.
9.3
If you provide any information to Creacore that is untrue,
inaccurate, outdated, or incomplete, or if we have reasonable
grounds to suspect that such information is untrue, inaccurate,
outdated, or incomplete, we may close your User Account on the
Website and deny you the ability to access and use the Website,
Subdomain URLs, API and Services.
9.4
You may indicate, during registration process, to Creacore your
choice of User Account's email and password to be used as login
credentials to access your User Account and User Data ("Login Credentials").
You shall be solely responsible for (i) maintaining the
confidentiality of your Login Credentials and the API keys; and
(ii) any and all activities which occur under your User Account.
You agree to notify Creacore immediately of any unauthorized use of
your User Account, API keys or any other breach of security.
Creacore shall not be liable for any loss that you may incur as a
result of any third party using/accessing your Login Credentials,
your API keys and/or your User Account either with or without your
knowledge. However, you may be held liable for losses incurred by
Creacore due to any third party using your Login Credentials, API
keys and/or User Account. You acknowledge and agree that you may
not use the User Account, Login Credentials and/or API keys of
another user registered on the Website without the express
permission of such User Account holder.
9.5
You hereby acknowledge and agree that you (i) may open/register
only one (1) User Account on the Website, and (ii) are not
allowed/permitted to hold several User Accounts in your name (i.e.
for the same user), whether you are an individual or a legal
entity.
10.
Acceptable Use of the Website and Subdomain URLs
10.1
You may not use the Website and Subdomain URLs to transmit,
distribute, store or destroy any material or information (i) in
violation of any applicable law or regulation; (ii) in a manner
that infringes Creacore's Intellectual Property Rights (defined
below) or any third party's intellectual property rights; (iii) in
a manner that violates the privacy or other personal rights of
third parties; and/or (iv) that is defamatory, obscene,
threatening, abusive or hateful.
10.2
You shall be prohibited from:
(i)
using any robot, spider, other automatic device or manual
process to monitor or copy any part of the Website;
(ii)
using any device, software or the like to interfere or attempt
to interfere with the proper functioning of the Website,
Subdomain URLs, Services and the API;
(iii)
taking any action that imposes an unreasonable or
disproportionately large load on the Website, Subdomain URLs
and API;
(iv)
copying, reproducing, altering, modifying, creating derivative
works, or publicly displaying any content from the Website or
API without Creacore's prior written consent;
(v)
reverse-assembling, reverse-engineering or otherwise
attempting to discover any source code relating to the Website
or API or any tool therein, except to the extent that such
activity is expressly permitted by applicable law
notwithstanding this limitation;
(vi)
attempting to access any area of the Website or API to which
access is not authorized;
(vii)
conducting any systematic or automated data collection
activities on or in relation to the Website, including but not
limited to data scraping, mining, extraction, harvesting,
framing and article spinning, without Creacore's prior written
consent; and
(viii)
using the Website, Subdomain URLs and API to transmit or send
unsolicited commercial and marketing communications for any
purpose, without Creacore's prior written consent.
11.
Representations and Warranties
You hereby represent and warrant that your access to the Website,
use of the Subdomain URLs, API and Services will:
(i)
be in accordance with these Terms;
(ii)
comply with all applicable laws and regulations (including,
without limitation, all applicable laws regarding online conduct
and acceptable content, privacy, data protection, and the
transmission of technical data exported from France);
(iii)
not be for any unlawful purposes;
(iv)
not entail, imply or give rise to the publication of any illegal
content;
(v)
not further any illegal activities;
(vi)
not infringe upon or misappropriate any Creacore's Intellectual
Property Rights (defined below) or any third party's intellectual
property rights; and
(vii)
not be used to create, distribute, facilitate or operate in
conjunction with malware, spyware, adware, or other malicious
programs or code.
12.
Disclaimer of Warranties
12.1
Unless otherwise provided under these Terms, the Services shall be
provided by Creacore to you "as is," with all faults, defects,
bugs, and errors.
12.2
Creacore HEREBY (I) DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO YOUR USE OF THE WEBSITE, SUBDOMAIN URLS, API AND
SERVICES; AND (II) MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND
WITH RESPECT TO YOUR USER DATA AND THE DELIVERABLES, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION.
12.3
Creacore AND/OR ITS RESPECTIVE AFFILIATES (IF ANY), LICENSORS AND
VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY,
RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON
THE WEBSITE, SUBDOMAIN URLS AND SERVICES, AND (ii) RELATED
GRAPHICS PUBLISHED ON THE WEBSITE, SUBDOMAIN URLS AND SERVICES FOR
ANY PURPOSE. THE WEBSITE, SUBDOMAIN URLS, SERVICES AND/OR RELATED
GRAPHICS ARE PROVIDED TO YOU BY Creacore "AS IS" WITHOUT WARRANTY
OF ANY KIND. Creacore AND/OR ITS RESPECTIVE AFFILIATES (IF ANY)
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
12.4
YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS
PUBLISHED ON THE WEBSITE, SUBDOMAIN URLS, API AND/OR SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND
CHANGES, WHICH ERRORS AND CHANGES MAY BE PERIODICALLY MADE TO THE
WEBSITE AND/OR SERVICES HEREIN.
12.5
NEITHER Creacore NOR ITS AFFILIATES (IF ANY), LICENSORS AND VENDORS
MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE
INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE, SUBDOMAIN URLS,
API AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER
CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING
OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE,
SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM,
DATA OR PERSONAL INFORMATION.
12.6
Creacore MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF
THE WEBSITE, SUBDOMAIN URLS, API AND SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY
DEFECTS IN THE API AND /OR SERVICES WILL BE CORRECTED, OR (IV)
THAT THE API, SUBDOMAIN URLS AND SERVICES OR ANY SERVER THROUGH
WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER
HARMFUL COMPONENTS.
12.7
ANY MATERIAL/INFORMATION DOWNLOADED, CAPTURED, SUBMITTED, CREATED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, SUBDOMAIN
URLS, API AND SERVICES ARE ACCESSED AT YOUR OWN RISK, AND YOU WILL
BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD, CAPTURING, SUBMISSION OR
CREATION OF ANY SUCH MATERIAL/INFORMATION.
13.
Intellectual Property Rights
13.1
All content, trademarks, data, information, or information
contained in any materials, or documents used in relation to the
Website, Subdomain URLs, API and Services, including but not
limited to any and all copyrighted works, databases, text,
graphics, icons, designs, logos, graphics, hyperlinks, domain
names, codes, information and agreements ("Materials"), are
the sole and exclusive property of or are licensed to Creacore. You
may not reproduce, distribute or copy the Materials by any means,
whether electronically or not, without Creacore's prior written
permission.
13.2
Any and all intellectual property rights in the Materials,
Website, Subdomain URLs, API and Services, including all patents,
rights in inventions, rights in designs, trademarks, trade and
business names and all associated goodwill, rights to sue for
passing off or for unlawful competition, copyright, moral rights
and related rights, rights in databases, topography rights, domain
names, rights in information (including know how and trade
secrets) and all other similar or equivalent rights existing in
the Materials, APIs and Services, now or in the future in any part
of the world, in each case whether registered or unregistered and
including all applications for, and renewals or extensions of,
such rights for their full term ("Creacore's Intellectual Property Right(s)"),
vests solely and exclusively in Creacore, its affiliates (if
any), its licensors, or vendors, as the case may be. All rights
not expressly granted by Creacore to you are reserved by Creacore.
Save as expressly set out herein, you shall not acquire any right,
title or interest in Creacore's Intellectual Property Rights.
14.1
You agree to indemnify and hold harmless Creacore from and against
any liability, demand, damages, cost, claim or expense arising
from a third party claim arising from: (i) your negligence (ii)
your violation of these Terms; (iii) your use or misuse of the
Website, Subdomain URLs, API and/or Service(s); (iii) your
infringement of Creacore's Intellectual Property Rights; (iv) a
claim that the User Data, any information contained in the
UserData and the Deliverables infringes, misappropriates or
violates any third party's intellectual property rights.; and/or
(v) any activities conducted by you through/on any third party
website. Creacore shall indemnify and hold you harmless from and
against any liability or expense arising from a third party claim
based on any Negligence of Creacore. "Negligence" shall mean gross
negligence or intentional misconduct.
14.2
In the event of a claim subject to indemnification hereunder, the
indemnified Party shall: (i) promptly notify the indemnifying
Party of the claim, (ii) provide the indemnifying Party with
reasonable cooperation and assistance, at the indemnifying Party's
expense, to defend such claim; and (iii) allow the indemnifying
Party the opportunity to assume the control of the defense and
settlement of such claim. The indemnified Party shall be entitled
to participate in the defense of such claim and to employ counsel
at its own expense to assist in the handling of such claim. The
indemnifying Party must obtain the prior written approval from a
duly authorized signatory of the indemnified Party prior to
entering into any settlement affecting the indemnified Party's
rights.
15.
Limitation of Liability
15.1
Creacore, ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL
IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY,
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE
OR IN PART FROM YOUR ACCESS TO THE WEBSITE AND FROM YOUR USE OF
THE API, SUBDOMAIN URLS AND SERVICES EVEN IF Creacore HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2
WHILE Creacore TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO
WEBSITE, API OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS
SUCH, Creacore AND ITS AFFILIATES (IF ANY), LICENSORS, AND VENDORS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY
RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER
BREACHES THAT MAY OCCUR THROUGH YOUR USE OF THE WEBSITE, SUBDOMAIN
URLS, API AND SERVICES.
15.3
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, Creacore'S
(INCLUDING ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS AND
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF 100€ EUR.
Creacore's Privacy Policy, available at
https://cbe2json.be/privacy_policy,
governs the use, storage and processing of the personal
information you may provide to Creacore through your (i) access to
the Website, and/or (ii) use of the Subdomain URLs, API and
Services. Your election to use the Website, Subdomain URLs, API and
Services via the Website shall be deemed to constitute your
acceptance of the terms of Creacore's Privacy Policy.
The Website and/or Services may contain links and/or ads to
third-party websites or resources. You acknowledge and agree that
Creacore shall not be responsible or liable for: (i) the availability
or accuracy of such websites or resources; or (ii) the content,
products or services on or available from such websites or
resources. Links and ads to such websites or resources do not imply
any endorsement by Creacore of such websites or resources or the
content, products, or services available from such websites or
resources.
Your communications, interactions or business transactions/dealings
with any third party found on or through the Website and/or the
Services, including any such third party's terms, conditions,
warranties or representations associated with such communications,
interactions or business transactions/dealings, shall be solely
between you and such third party. You acknowledge and agree that
Creacore shall not be liable for any loss or damage incurred by you
as the result of any communication, interaction, business
transaction or other dealings you may have with any third party
found through (i) the Website and/or (ii) your use of the Services.
18.
Term, Suspension and Termination
18.1
These Terms shall come into force on the date you register on the
Website and shall continue until (i) you request Creacore to delete
your User Account at any time; (ii) Creacore cancels or suspends
your User Account and access to the Services and API, or (iii)
terminated in accordance with this Section 18.
18.2
Creacore may suspend or temporarily disable access to all or part
of the Website, User Account, Subdomain URLs, API or Services if
(i) Creacore suspects you of partaking in any illegal activity;
(ii) Creacore reasonably believes that youc'est triste have violated these
Terms; or (iii) applicable law enforcement or other government
agencies have requested Creacore to suspend or temporarily disable
your access to the Website, Subdomain URLs, API and/or Services.
18.3
If Creacore breaches any of its obligations under these Terms, you
may terminate these Terms and close your User Account. Upon, your
termination of these Terms and closing of your User Account,
Creacore shall (i) block your use of the Website, Subdomain URLs,
API and Services, (ii) delete all of User Data and information
associated with your User Account, including but not limited to
your full name, address, contact information, email address and
password, and (iii) delete all of your data in your User Account.
18.4
Upon the cancellation of your non-renewed Subscription Plan or the
suspension or termination of these Terms, you shall cease using
the Website, Subdomain URLs, API and Services.
19.
Personal and Business Use Limitation
19.1
Unless otherwise specified, the Website, Subdomain URLs, API and
Services are provided by Creacore for your personal and business
uses only, and you may not use the Website, Subdomain URLs, API
and Services for any other purposes. Except as expressly permitted
by these Terms, you may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, (sub-)license, create
derivative works from, (re-)sell or transfer the API and/or
Services which are provided to you by Creacore.
19.2
Creacore reserves the right to suspend or restrict your access to
the Website and/or API in general, to specific pages of the
Website and/or to certain functionalities of the Website and/or
API. We may, for example, suspend your access to the Website
and/or API during server maintenance or when we update the Website
and/or API. You may not circumvent or bypass, or attempt to
circumvent or bypass, any access restriction measures on the
Website and/or API.
Each Party shall comply with all applicable laws relating to the
Services, keep records evidencing its compliance, on the other
Party's reasonable request, provide these records of compliance to
the other Party, and notify the other Party if it becomes aware of
any non-compliance in connection with these Terms.
If any dispute or difference shall arise between the Parties as to
the meaning or application of these Terms, the rights or liabilities
of the Parties or otherwise in relation to these Terms, then
(without prejudice to any other express or implied rights or powers)
the dispute or difference ("Dispute") shall be determined as
follows:
(i)
A Party must not commence arbitration or court proceedings (except
proceedings seeking interlocutory relief) relating to a Dispute
arising under these Terms unless it has complied with this Section
21.
(ii)
A Party claiming that a Dispute has arisen under these Terms must
give the other Party written notice of the particulars of the
Dispute.
(iii)
In the event of a Dispute, difference or claim between the Parties
hereto, arising out of the use of the Website, Subdomain URLs, API
or Services; or in any way relating to these Terms, or any term,
condition or provision herein mentioned or the construction or
interpretation thereof or otherwise in relation hereto, the
Parties shall first endeavor to settle such difference, dispute,
claim or question by mutual discussion, failing which the same
shall be referred to arbitration, or any statutory modification or
re-enactment thereof for the time being in force. Each Party may
nominate an arbitrator from the ICC (defined below) and the two
appointed arbitrators shall nominate a third arbitrator. The panel
of three arbitrators may conduct the arbitration proceedings. The
place of arbitration shall be Liège, Belgium and any award whether
interim or final, shall be made, and shall be deemed for all
purposes between the Parties to be made, in Liège, Belgium. The
procedural law of the arbitration shall be Belgian law. The award
of the arbitrator shall be final and conclusive and binding upon
the Parties.
22.
Governing Law & Jurisdiction
These Terms, and any dispute or claim arising out of or in
connection with it or its subject matter or formation (including
non-contractual disputes or claims), shall be governed by, and
construed in accordance with the laws of Belgium. You agree that in
respect of any dispute arising upon, over or in respect of any of
the terms and conditions of these Terms, only the International
Chamber of Commerce ("ICC") shall have jurisdiction to try
and adjudicate such dispute to the exclusion of the court system of
Liège, Belgium.
23.1
Non-Exclusivity. The Parties' respective obligations under
these Terms are non-exclusive and nothing herein is intended to
restrict you from accessing, purchasing, selling or using any
other third party's products or services, even if such products or
services are similar to the API and Services provided by Creacore
through the Website and Subdomain URLs.
Nothing herein is intended to limit Creacore's right to provide the
Service to other registered users, even if such users compete with
you.
23.2
Severability. If any of the provisions or portions of these
Terms are held to be invalid under any applicable statute or rule
of law, they are to that extent deemed to be omitted from these
Terms without in any way invalidating or impairing the other
provisions of these Terms.
23.3
No Waiver. A Party's failure or delay in enforcing any
provision of these Terms will not operate as a waiver of the right
to enforce that provision or any other provision of these Terms at
any time. A waiver of any provision of these Terms shall be in
writing, specify the provision to be waived and signed/executed by
the party agreeing to the waiver.
23.4
Notices. Except as otherwise provided under these Terms,
any notice required or permitted to be given will be effective
only if it is in writing and sent by certified mail, registered
mail, courier or to
contact@cbe2json.be.
23.5
Entire Agreement. These Terms represent the entire
agreement between the Parties relating to the subject matter
hereof. These Terms alone fully and completely expresses the
agreement of the Parties relating to the subject matter hereof.
There are no other courses of dealing, understanding, agreements,
representations or warranties, written or oral, except as set
forth herein.
Should you have any questions concerning these Terms, the API and/or
Services, you may contact Creacore via:
Effective Date of Terms: December 21, 2020.