Terms of Use

Please read the following terms of use carefully. By using the Bricsys website (“Bricsys Website”), you agree to the terms contained in these terms of use (“Terms”).


Note that Bricsys may at any time and at its own sole discretion change the Terms and such changes shall be effective immediately upon posting of the modified Terms. Bricsys therefore encourages you to check this page from time to time to take notice of any changes we made.

1. PERMITTED USE

You may use the Bricsys Website only for lawful purposes and in accordance with these Terms. In particular, you agree that you will use the Bricsys Website in a manner that complies with all applicable international, federal, state, local laws and regulations, including export control regulations, and applicable privacy law. Subject to Bricsys obligations under its Privacy Statement, you acknowledge that you are solely responsible for any User Materials (as defined under Section 5 of these Terms) that you upload, download, transmit or otherwise process using the Bricsys Website.

While accessing or using the Bricsys Website, you shall not:

(a) upload, download or transmit via the Bricsys Website any User Materials that are offensive, vulgar, profane, obscene, sexually explicit, pornographic, inflammatory, harassing, violent, threatening, tortuous, invasive of another's privacy or publicity rights, abusive, hateful, libelous or defamatory, plagiarized, harmful to minors, racially, ethnically, or otherwise objectionable in any way, infringe any patent, trademark, copyright, rights of publicity, or other intellectual property right, would constitute or encourage a criminal offense, violate the rights of any party, would otherwise give rise to criminal or civil liability or violate any local, state, national, or international law, contain direct links (by a single click) to websites that contain information of the kind described in this section, or constitute unsolicited promotions, advertising materials, "spam", chain-letters, or other such solicitation;

(b) use the Bricsys Website to publicly broadcast, transmit, or display User Materials for "pay-per-download" or other commercial purposes, or which include a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Bricsys Website or any Internet host;

(c) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted User Materials including impersonating another person or entity; nor use inaccurate data for registration purposes;

(d) disrupt or interfere with the security of, or otherwise abuse, the Bricsys Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Bricsys Website or affiliated or linked services, or use any device or software designed to circumvent technological measures employed to control access to the Bricsys Website or products made available on the Bricsys Website;

(e) harvest or otherwise collect information about others, including e-mail addresses, without their express consent;

(f) sub-license, lease, rent, sell, resell, or otherwise transfer rights to the Bricsys Website or exploit for any commercial purposes any use of the Bricsys Website;

(g) modify, translate, de-compile, reverse-engineer, disassemble, or create derivative works based on the Bricsys Website, or bypass the Bricsys Website and directly access any individual components of or products that are included in the Bricsys Website; or

(h) alter or remove any copyright, trademark, logo, symbol, or proprietary or other legal notices displayed on the Bricsys Website or in Bricsys Content printed or downloaded through the Bricsys Website, or contained in or included with products or services received through the Bricsys Website;

(i) export or allow the export or re-export of any part of the Bricsys Website in violation of any restrictions, sanctions, laws or regulations of the European Union and the United States of America. You agree to defend and indemnify Bricsys from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising out of any claim that the Bricsys Website, or any product or other information or materials obtained from Bricsys were exported or otherwise accessed, shipped or transported in violation of this section and all applicable laws and regulations;

(j) otherwise attempt to interfere with the proper working of the website.

In consideration of your use of the Bricsys Website, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify Bricsys of any unauthorized use of your account or any other breach of security of which you are aware.

2. INTELLECTUAL PROPERTY OWNERSHIP

The content of the Bricsys Website is the property of Bricsys and/or third party licensors (“Bricsys Content”). Certain contents such as, without limitation, brands, logos, texts, audio and video, website design, images and software, are protected by intellectual property laws. You shall observe these laws and respect proprietary rights of Bricsys and/or third parties. In particular, you shall not modify, conceal or remove any references to existence of such intellectual property rights from any content, or any copies thereof, e.g., by modifying, concealing or removing trademarks, logos or copyright notices and, except as provided in these Terms, the content of the Bricsys Website may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way.

You understand and agree that you are permitted to use Bricsys Content only as expressly authorized by Bricsys or its third party licensors, as applicable. You may download, view, copy and print Bricsys Content, subject to the following: (a) the Bricsys Content may be used solely for personal, informational, non-commercial purposes; (b) proprietary rights notices may not be removed or altered; and (c) the Bricsys Content may not be modified or altered in any way.

Unauthorized use of any content from the Bricsys Website may be subject to civil and criminal liabilities. Bricsys will enforce its intellectual property rights to the fullest extent.

3. INFORMATION AND AVAILABILITY POLICY

The information presented on or through the Bricsys Website is made available solely for general information purposes. Bricsys does not guarantee the accuracy and completeness of the information on the Bricsys Website.

Bricsys makes no commitment to update the information or materials on the Bricsys Website. Changes may at any time without notice be made to the information and will be incorporated in new editions of the Bricsys Website.

Bricsys may stop the operation of the Bricsys Website at any time and does not accept any liability for its continuous availability.

4. HYPERLINKS

The Bricsys Website may contain hyperlinks to websites owned or operated by third parties. Linking to websites owned by third parties is for the convenience of the website visitors, and Bricsys assumes no responsibility for and makes no representations regarding the contents, information accuracy or privacy compliance of the websites concerned. If you decide to access linked third-party websites from the Bricsys Website, you do so at your own risk. Your use of third-party websites is subject to the respective terms of use for those third-party websites, including the respective privacy notices of those websites.

5. USER MATERIALS

The Bricsys Website contains e-mail and other functions for you to provide files, data, media, orders, product inquiries, graphics, text or other information to Bricsys (“User Materials”). You hereby grant (or warrant that the owner of rights to the content or information has expressly granted) Bricsys the world-wide, royalty free and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display User Materials (in whole or in part) and to incorporate them in other works in any form, media, or technology now known or later developed on the Bricsys Website, to the fullest extent allowed under applicable law. User Materials do not include your Customer Information, which is processed in accordance with the Bricsys Privacy Statement. You agree not to provide Bricsys with any User Materials that are confidential. In the event that any User Materials infringe the copyrights of a third party, Bricsys may terminate your access to the Bricsys Website immediately and you will be liable for any damages.

6. IDEA SUBMISSION POLICY

Bricsys will not accept or consider unsolicited ideas (for instance and without limitation, ideas for new products, services, advertising campaigns, promotions, technologies, processes, materials, marketing plans, or product names). The purpose of this policy is to avoid potential misunderstandings or disputes if Bricsys products or services might seem similar to ideas submitted to Bricsys. If, despite this request, you still send us your ideas and materials, you agree that they will be considered as User Materials and that you will comply with your obligations under Section 5 above.

7. STUDENT USERS

If you are a student enrolled at an educational institution and are at least 18 years old, you may register as a student on the Bricsys website and download, install and access specifically designated products free of charge. These products are designated as Not For Resale products (“NFR products”) and may only be used for purposes as expressly permitted by Bricsys. Use is limited to non-commercial activities such as testing and training and is restricted in time. It is strictly prohibited to make available or distribute NFR products to any third party. Bricsys makes no commitment regarding any service levels, functionalities, features or data and provides no warranties at all for NFR products. NFR products may contain code that has not been fully tested, including errors that may cause loss of data or system failure. Bricsys reserves the right, without notice to end access to NFR products at any time.

8. WARRANTY AND LIABILITY

THE INFORMATION ON THE BRICSYS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. BRICSYS SHALL, IN NO EVENT, BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, REFERENCE TO, RELIANCE ON OR INABILITY TO USE THE BRICSYS WEBSITE OR ITS CONTENT OR ANY OTHER HYPERLINKED WEB SITES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BRICSYS DOES NOT WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL ELEMENTS AND YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE BRICSYS WEBSITE IS FREE OF SUCH ELEMENTS.

IN NO EVENT WILL BRICSYS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. OTHER LEGAL TERMS

Bricsys e-store. In case you purchase any products through the Bricsys e-store, you will need to accept the terms and conditions of the Bricsys e-store .

End-user license agreement. All Bricsys products available on the Bricsys e-store are subject to the Bricsys End-User License Agreement (EULA).

Personal data. For detailed information regarding Bricsys use of your Customer Information and any other personal data you may submit, please read the Bricsys Privacy Statement.

10. MISCELLANEOUS

Severability. If any provision of these Terms is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and that determination will not affect the enforceability of the provision at issue or of the remaining provisions of these Terms.

Applicable law and jurisdiction. These Terms are subject to applicable Belgian laws, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in Ghent, Belgium. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Assignment. Bricsys may assign its rights and duties under these Terms without the assignment being considered a change to these Terms. You may not assign these Terms without the prior written consent of Bricsys.